November 17, 2003
Contributed by Thomas Yoshida
Legally justified remedial purpose It is evident that the intent of Princess Pauahi, as explained through her husband Charles Bishop, was that preference be given to Native Hawaiians for admittance to the Kamehameha Schools in order that through proper education they might be competitive with new comers in maintaining their socioeconomic status, culture and participate in the governance of their communities.
The Court finds that Kamehameha Schools has a legitimate justification for its admission policy and that it serves a legitimate remedial purpose by improving Native Hawaiians socioeconomic and educational disadvantages, producing Native Hawaiian leadership for community involvement and revitalizing Native Hawaiian culture; thereby remedying current manifest imbalances resulting from the influx of Western Civilization.
Recognized by Congress
Congress has made repeated and extensive findings in numerous laws that the Hawaiian Monarchy was unlawfully overthrown with the aid of the United States, and that the United States has a resulting special trust obligation and political relationship to Native Hawaiians as the indigenous people of Hawaii.
In 1993 congress issued an acknowledgment and apology known as the Apology Resolution whereunder Congress acknowledged these wrongs and the resulting socioeconomic disadvantages of Native Hawaiians and sought a reconciliation with the Native Hawaiian people.
In 2002 Congress reenacted the Native Hawaiian Education Act granting preferences to Native Hawaiians in the field of education. Congress made finding of Native Hawaiian socioeconomic and educational disadvantages similar to those which Kamehameha Schools has identified and is likewise seeking to remedy.
Thus Congress has acknowledged that notwithstanding its prior efforts to fulfill its special trust relationship with native Hawaiians there is a continuing substantial need for educational assistance and that the parallel trust of Princess Pauahi establishing the Kamehameha Schools is a significant resource in meeting this need.
Finding
This court is firmly convinced that the Kamehameha Schools race-conscious remedial action plan has a legitimate justification.
Kamehameha Schools’ policy is to give preference to applicants of Hawaiian ancestry to the extent permitted by law.
