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9th Circuit Upholds School Segregation in Hawaii
Fox News | 1/20/07

Posted on 01/21/2007 8:57:34 AM PST by pabianice

Breaking on Fox News... a panel of 15 judges on the 9th Circuit Court of Appeals has ruled 8-7 that Hawaii's Kamehameha School may give students with Hawaiian ancestry preference for admission. This overturns a three judge panel of the court first ruling that this is unconstitutional. Hawaiian legislators were shown arguing that "Hawaii is unique" and requires this sort of reverse racism "to right past wrongs." Fox indicates that this is almost certain to be appealed to SCOTUS.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: hawaii; kamehameha
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To: Bobkk47

How appropriate!


41 posted on 01/21/2007 10:24:20 AM PST by stm (Believe 1% of what you hear in the drive-by media and take half of that with a grain of salt)
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To: Brilliant

Unfortunately that is untrue - Bob Jones University vs. U.S. I believe. A private school does not have the right to reject diversity or freely associate only with those that it chooses. I think Rehnquist was the only Supreme that dissented.


42 posted on 01/21/2007 10:37:46 AM PST by Howard Jarvis Admirer (Howard Jarvis, the foe of the tax collector and friend of the California homeowner)
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To: KJC1

In comparison to what? When Newsweek did its "best high schools in the US" last year, not a single school in Hawaii was on the list.


43 posted on 01/21/2007 10:51:10 AM PST by 3AngelaD (ic.)
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To: KJC1

I can think of two schools it is definitely below academically in Hawaii, Iolani and Punahou. It's probably below several others too


44 posted on 01/21/2007 11:05:59 AM PST by Mount Athos
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To: oceanview
"tuition" is a contract between two entities (student, school) and that racial discrimination is prohibited in contracts............

They always have the ropes of the "Commerce Clause" in the Constitution to fall back on, if there is a coin or dollar exchanged. This is what has carried the whole "segregation" movement. If you look hard enough, there are some State coins in this school, especially if there are tax deductible issues.
45 posted on 01/21/2007 11:08:47 AM PST by Phosgood (Kerry was a Shill for Hillery)
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To: pabianice

Of course it's unconstitutional. Of course it's illegal. It's wrong.


46 posted on 01/21/2007 11:12:39 AM PST by Leftism is Mentally Deranged
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To: pabianice
This is just a test case... I'm sure the 9th is looking for a test case that claims the U.S. owes decendants of slaves billions (or a trillion) of dollar(s).

Anyway, will be fun watching this latest POS ruling getting slapped down by the Supreme Ct.

47 posted on 01/21/2007 11:17:27 AM PST by Trajan88 (www.bullittclub.com)
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To: KJC1

Try that with a white only school.


48 posted on 01/21/2007 11:17:45 AM PST by MaxMax (God Bless America)
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To: Brilliant
"state action is irrelevant".......

The whole Civil Rights movement was based on the "new" interpretation that actions of the State was equal to an individual. i.e. Virginia and "massive resistance" which moved around the 10th Amendment forever.
49 posted on 01/21/2007 11:18:45 AM PST by Phosgood (Kerry was a Shill for Hillery)
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To: pabianice
The Ninth Circus Clowns don't appear to heed the 14th Amendment and the Civil Rights Act... the government CANNOT discriminate on the basis of race.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

50 posted on 01/21/2007 11:19:58 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: KJC1

I remember reading about some guy who died in the early 60's and how his will was to go to some "Whites only" school. As I recall, the government stepped in and voided this provision based on discrimination.


51 posted on 01/21/2007 11:29:06 AM PST by boop (Now Greg, you know I don't like that WORD!)
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To: oceanview
Do you think a private school can just do anything they want? Hint: you own your home but you can't do just anything you want with it.
52 posted on 01/21/2007 11:29:55 AM PST by fish hawk (. B O stinks. That would be body odor and Barak Obama)
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To: pabianice

Racism is entirely correct when carried out by liberals.

/S


53 posted on 01/21/2007 11:34:26 AM PST by RJL
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To: fish hawk

in many areas - yes. why can the Augusta golf course exclude women?


54 posted on 01/21/2007 11:43:54 AM PST by oceanview
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To: Howard Jarvis Admirer

but wasn't that with regards to their tax exempt status? in other words, bob jones university could have retained their admissions policies, they just couldn't do that and retain their tax exempt status?


55 posted on 01/21/2007 11:51:16 AM PST by oceanview
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To: pabianice

When I read this case all I could say is "hypocrite", "hypocrite" etc...... The liberals want to have diversity etc.... They even argued that it is possible for a non-hawaiian to get in even though it is nearly impossible.


56 posted on 01/21/2007 11:53:17 AM PST by Mere
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To: MaxMax

Yes perhaps some bazillionaire white person could set up a trust and establish a school for white students only in Hawaii, exclude everyone else and see how long it lasts. I would enjoy witnessing the pretzel-like convolutions of logic when the hypocrites try to explain why the Hawaiian-only school is OK, but the whites-only school is bad. Which they will.</p>


57 posted on 01/21/2007 12:04:06 PM PST by 3AngelaD (ic.)
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To: 3AngelaD

Regardless of the Newsweek list, Kamehameha schools are not there to teach hula and luau-making as you earlier suggested. The students receive a well-rounded education, and also learn about Hawaiiana.

As far as the issue of what would happen if it was a white-only school, my position would be the same. Why should non-beneficiaries of any estate or trust have the "right" to demand entitlement to something they aren't entitled to at all?


58 posted on 01/21/2007 1:08:40 PM PST by KJC1 (Right when you think you're really good is when you need to pay the most attention)
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To: oceanview
I have no doubt that even that will change soon. Liberals are sucking all our freedoms away and now they are back in power.
59 posted on 01/21/2007 1:17:20 PM PST by fish hawk (. B O stinks. That would be body odor and Barak Obama)
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To: goldstategop

Ah, but in Hawaii it does. There is an entire island that only native Hawaiians can live on. Also, when my dad passed away at the Queens Hospital in 1995, the native Hawaiians were having a demonstration across the street at the state capitol. I walked over there and asked them what they wanted. Oh, just give us $500M and we'll go away, for awhile, was their basic line.

Basically the native Hawaiians are like native americans everywhere in the US, working the houli guilt complex for all it's worth. This means, politically, a corrupt and liberal dem-machine. But finally it got so BAD that they threw out the dem governor and there's republican Linda Lingle.

But they have far bigger problems than school discrimination : fresh water, garbage, electric power, sky high gas, gridlock on their oahu freeway. EVERYTHING in HI has to be imported across a vast ocean. Then you have some 800,000 people living on oahu, an island only 20mi x 30 mi, and HALF of it is mountainous, parks, preserves, farms.

Then on top of THAT, the big island has quite an area of fresh lava flows, you can't even WALK on the stuff. But the native Hawaiians believe that is SACRED, you can't grind it up to make useful LAND out of it. This where LAND is a precious commodity.

Then of course there is practically no pineapple production in HI anymore, sky high labor costs has driven that specialty crop to the philippines, which in return sends hotel workers in droves to HI.

So, HI has its own unique problems like every state does. 911 hit it very hard as tourism is its #1 industry. What would happen if another Pearl Harbor WAR hit? HI would almost instantly go from being a paradise to a living HELL....


60 posted on 01/21/2007 1:51:06 PM PST by timer (n/0=n=nx0)
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