Kamehameha Schools Asks Court to Uphold Admissions Policy

September 29, 2003

Contributed by Thomas Yoshida

"We have always said we would vigorously defend our policy of preference and we are," said Kamehameha Schools Acting Chief Executive Officer Colleen Wong. "Kamehameha plays a critical role in developing leaders and preserving the Hawaiian culture, which benefits our entire state. Through education, Kamehameha strives to overcome the past injustices suffered by Native Hawaiians. Our preference policy has been in place from the day Kamehameha Schools opened its doors, and it is essential to our mission, which is to provide educational opportunities to improve the capability and well-being of Native Hawaiians."

"Kamehameha Schools' preference policy is legally justified because it serves to remedy past injustices and present imbalances," said attorney Crystal Rose, who represents Kamehameha Schools. "Kamehameha's educational programs are needed to put Hawaiians back on an equal footing." Rose is a partner in the law firm Bays, Deaver, Lung, Rose and Baba.

In addition to arguing that the preference policy is needed to correct the results of past wrongs, the motions filed by Kamehameha Schools today points out that the civil rights law cited by the plaintiffs was enacted in 1866 to remedy the effects of discrimination against former slaves. The statute was never intended to prohibit remedial educational programs such as Kamehameha's, and has never been used to bar such programs.

The motions also note that in 2002, the U.S. Congress specifically recognized the need for educational services targeted at Native Hawaiians to address the effects of past deprivations and expressly identified Kamehameha as providing the types of educational programs needed.

Each motion includes sworn statements from Gov. Linda Lingle, former Gov. George Ariyoshi, First Hawaiian Bank Chief Executive Officer Walter Dods, Bank of Hawaii Chairman Mike O'Neill, Starwood Hotels & Resorts executive Keith Vieira, and other community leaders, several of them Kamehameha Schools alumni.

"We are very grateful for the support we have received from our Kamehameha 'ohana and from the community at large," said Wong. "These community leaders believe that allowing Kamehameha Schools to give admissions preference to applicants of Hawaiian ancestry is crucial to fulfilling our mission. They also believe that by helping Hawaiians, Kamehameha is helping the entire state."

A copy of the motions and supporting declarations will be available for media review this afternoon at the law firm of Bays, Deaver, Lung, Rose and Baba.