The 9th Circuit Court of Appeals, in a 2-1 ruling, said "no" to a Hawaii school's policy of exclusive enrollment for native Hawaiians:
... the private school's policy of admitting only native Hawaiians amounted to "unlawful race discrimination" [the court said] even though the school receives no federal funding.The decision shocked school officials and devastated the Native Hawaiian community. The school has defended the exclusive policy as a remedy to socio-economic and educational disadvantages Hawaiians' have suffered since the 1893 U.S.-backed overthrow of the Hawaiian monarchy.
The Kamehameha Schools were established under the 1883 will of a Hawaiian princess. 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. Admission is highly prized in Hawaii because of the quality of education and the relatively low cost.
I'm curious as to exactly how this differs from the Boy Scouts, who took their case all the way to the US Supreme Court to "win" (maintain?) the right to decide who can join their ranks. If the Kamehameha Schools are private, and receive no federal funding whatsoever, why are they not allowed to do as they wish in deciding who can enroll?
John Rosenberg weighs in, and wonders about the University of Hawaii's "scofflaw spirit" on this ruling.
You need to look up the history of the Bishop Estate who funds the Kam schools. The will dates back to the Kingdom of Hawaii and makes the Supreme Court responsbile for appointing the board of directors.
Thus, the first question is can a state be required to enforce a will that violates civil rights laws.
Also, the KSBE is a not-for-profit corporation. Can such an entity violate civil rights laws. Universities are not allowed to discriminate against students, why should a private secondary school. Also, the school plays public schools in sports and academic competitions. Under separation, a racially discriminatory school should be allowed to contact with the state.
The State of Hawaii honors the diplomas award by KSBE. Maybe the University of Hawaii should stop admiting the graduates.
Did some Googling. The 9th Circuit based its ruling on the Civil Rights Act of 1866, which guarantees "the right to make and enforce contracts free from illegitimate and unlawful discrimination on the basis of race," even private contracts.
The defendants argued via affirmative action and "special native rights" for Hawaiians. There's a bill pending in Congress for [limited] native Hawaiian sovereignty which may alter a further appeal.
Posted by: Felix at August 7, 2005 03:10 PM