Court rules against Kamehameha admissions


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Article is from the Honolulu advertiser website

A federal appeals court today struck down the Kamehameha Schools' century-old Hawaiian preference admissions policy, saying it violates federal anti-discrimination law.

A panel of the 9th U.S. Circuit of Appeals ruled 2-1 in favor of an unidentified non-Hawaiian high school student who was turned down for admission in 2003. The decision reversed a ruling by U.S. District Judge Alan Kay that the Kamehameha Schools could continue the Hawaiians-only admissions policy because of its unique historical circumstances.

"We ... find that the schools' admission policy, which operates in practice as an absolute bar for those on the non-preference race, constitutes unlawful discrimination," wrote 9th U.S. Circuit Court of Appeals Judge Jay Bybee.

Eric Grant, the Sacramento, Calif.-based attorney who represented the boy, said his client was "overjoyed by the decision" and expects to begin 12th-grade classes in two or three weeks.

Grant said the panel made a "common sense" decision in barring a "racially exclusive" policy.

"I think it is a terrific decision," added John Goemans, another attorney for the boy. "It is a very big event for Hawaiian history."

The Kamehameha Schools had no immediate response to the ruling but has scheduled a news conference later today. Its attorney, former Stanford Law School Dean Kathleen Sullivan, could not be reached for comment.

"It's not a great day for the Hawaiian community and the greater community as a whole," said Jan Dill, vice president of Na Pua a Ke Alii Pauahi, a 400-member support group that includes Kamehameha Schools parents, students and alumni.

"It's a decision that is not pono and it negates the intentions of Princess Pauahi."

Grant said he expects the Kamehameha Schools to appeal to the U.S. Supreme Court but believes that the high court may not hear the case.

The schools can also request a review by the full 9th Circuit.

The Kamehameha Schools were established under the 1884 will of Princess Bernice Pauahi Bishop to educate children of Hawaiian ancestry. The schools had argued that the policy aimed to remedy socio-economic ills suffered by Hawaiians since the overthrow of the Hawaiian monarchy.

About 5,100 Hawaiian and part-Hawaiian students from kindergarten through 12th grade attend the three campuses, which are partly funded by a trust now worth $6.2 billion.

The ruling comes after the Kamehameha Schools and Grant settled a 2003 lawsuit by non-Hawaiian student Brayden Mohica-Cummings, who was allowed to attend the Kamehameha Schools through the 12th grade.

In 2002, the school was forced to admit a non-Hawaiian student to its Maui campus after school administrators exhausted the list of applicants of Hawaiian ancestry that met the admission requirements.

Grant said he couldn't say if the decision would open the flood gates to the admissions of non-Hawaiian students but said "the admission process will have to change fundamentally."

"Kamehameha Schools is the last example of this sort of brazen racial exclusions," said Grant. " You had them in the south in the '60s and '70s but the civil rights statutes ended those."

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I don't have an ounce of Hawaiian in my blood, but I'm outraged by this decision. Its been in place for decades and someone wants to tear it down by disgracing the ancestors of this island land.

website of the school

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"I don't have an ounce of Hawaiian in my blood, but I'm outraged by this decision. Its been in place for decades and someone wants to tear it down by disgracing the ancestors of this island land.

"

Hmm, think about it..... slavery was around for hundreds of years, women couldnt vote for hundreds of years, and I guess we are all agree that those 'traditions' are thankfuly no longer relavent.

We need to live in a world where no decisions are made on the basis of colour, religion, sex etc.

Continuing this kind of school is as racist in my opinion as the 'whites only' schools of the pre '60's southern states and aparthied South Africa. There is no place for them in a modern society, not if we truely want to get rid of racial hatred and stereo-types.

One rule for all, dont give the racist few an argument of 'them' and 'us'.

My thoughts anyway.

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kamehameha?

LOLLLLLLLLLLLLLLL :rofl:

what about genkidama :ninja:

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Isn't that the special move Goku does out of Dragonball/Z/GT? o.O

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"I don't have an ounce of Hawaiian in my blood, but I'm outraged by this decision. Its been in place for decades and someone wants to tear it down by disgracing the ancestors of this island land.

"

Hmm, think about it..... slavery was around for hundreds of years, women couldnt vote for hundreds of years, and I guess we are all agree that those  'traditions' are thankfuly no longer relavent.

We need to live in a world where no decisions are made on the basis of colour, religion, sex etc.

Continuing this kind of school is as racist in my opinion as the 'whites only' schools of the pre '60's southern states and aparthied South Africa. There is no place for them in a modern society, not if we truely want to get rid of racial hatred and stereo-types.

One rule for all, dont give the racist few an argument of 'them' and 'us'.

My thoughts anyway.

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The school was made for Hawaiians to get a good education (it was founded by a princess who was the last descendant of King Kamehameha I) and her fund guaranteed that.

What if you went to a privately funded school that taught your race just about everything you need to know about your history, then a person of the same ancestry that overthrown your family's government wanted admission into your school? That's basically what he's trying to do. And get this: he only has one more year of school left! :angry:

And don't forget, the native Hawaiians are trying to reestablish their own gov't after the US overthrown theirs in the first place.

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And don't forget, the native Hawaiians are trying to reestablish their own gov't after the US overthrown theirs in the first place.

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Perhaps, but I don't like it when some Hawaiians in my school (not Kamehameha) belittle Caucasians (esp. when they're not even full Hawaiian). We still argue over this issue in class. :wacko:

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Perhaps, but I don't like it when some Hawaiians in my school (not Kamehameha) belittle Caucasians (esp.  when they're not even full Hawaiian).  We still argue over this issue in class.  :wacko:

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Yeah, this is definitely an issue of racism, and I for one am glad that this is being stopped. This is in no way shape or form impeding hawiians from receiving "a good education" and "learning everything there is to know about their history".

I think the whole "overthrown ancestry" thing is a moot point, for the man in question here is not old enough to even see this happen, nor has his ancestors taken any part in the overthrowing of the Hawiian government.

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Selecting students based on skin colour is wrong however you try and dress it up.

Its racism ;

"You boy, you cant go to that school, your skin is the wrong colour"

See......

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