December 5, 2006
Contributed by Thomas Yoshida
A majority of the 15-member en banc panel affirmed U.S. District Judge Alan Kay's 2003 ruling in Doe vs. Kamehameha Schools. Judge Susan Graber, who wrote the opinion for the majority, said, "We took this case en banc to reconsider whether a Hawaiian private, non-profit K-12 school that receives no federal funds violates Section 1981 by preferring Native Hawaiians in its admissions policy. We now answer 'no' to that question and, accordingly, affirm the district court."
"We are elated," said Robert Kihune, the chairman of the schools' five-member Board of Trustees. "The court ruled today that our policy is not racial discrimination, but a specific remedy for a specific people. The court recognized the circumstances that set us so firmly apart from a law that was enacted 150 years ago to protect newly freed slaves from discrimination in contract. The panel recognized that we are a private institution founded during a time of Hawaiian sovereignty to remedy, through education, the imbalances endured by an indigenous people. And that our mission has been recognized by Congress.
"The appeals panel today affirmed what we have always argued: that our policy, which is based on the intent of our founder Princess Bernice Pauahi Bishop, is legally justified and right. It helps thousands and harms no one. At the same time, we know that our fight is not over. Our legal team has done a superb job, but we expect the plaintiff to file an appeal with the U.S. Supreme Court. As long as our policy is at risk we will do whatever it takes to preserve our right to offer preference to our Native Hawaiian people."
"Our Princess was a devout Christian and a believer in prayer," said CEO Dee Jay Mailer. "Throughout this challenge, all of us here and many of our supporters have followed her example and said prayers for guidance and strength. And so we will say our prayers of thanks today, and also ask for the strength to continue our fight, which we know is pono.
"Kawaiaha'o Church, where the Princess worshiped, has agreed to hold a special service at 5:00 pm tomorrow," said Mailer. "We welcome all who would like to join us as we ask Ke Akua for guidance through the next part of our journey. Those across our state and on the Continent who cannot can join us in person can certainly join us in spirit wherever they are at 5pm Hawaii time."
"Once again, we have to say mahalo palena 'ole – gratitude beyond measure -- to the thousands in our community who have expressed support for Kamehameha Schools and for the children we were founded to serve," said Mailer. "We pledge to return your support by working harder than ever to extend the reach of this great legacy to as many haumana as we possibly can."
Kamehameha Schools is a private charitable trust founded and endowed by the legacy of Princess Bernice Pauahi Bishop and is the sole beneficiary of the estate of Bernice Pauahi Bishop. Kamehameha Schools operates a statewide educational system and currently more than 6,500 students of Hawaiian ancestry are enrolled in K-12 campuses on three islands and at 31 preschool sites statewide. Thousands of additional Hawaiian learners are served through a range of other Kamehameha Schools' outreach programs, distance learning programming, community collaborations and financial aid opportunities in Hawai'i and across the continental United States.
Kamehameha Schools’ policy is to give preference to applicants of Hawaiian ancestry to the extent permitted by law.
