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Frequently
Asked Questions:
Doe v. Kamehameha
Source:
Kamehameha Schools
What
is Kamehameha Schools?
Kamehameha
Schools is a private educational institution that serves Native
Hawaiians. The Schools were founded in 1887 under the Will of
Princess Bernice Pauahi Bishop, the last surviving heir of Kamehameha
I, monarch of the Hawaiian Kingdom. When she died, a Westernized
society in Hawai'i had pushed Native Hawaiians down to the bottom
of the socio-economic ladder. Pauahi saw education as her people's
salvation and left her vast estate in trust for the creation and
operation of schools that would focus on and uplift Native Hawaiian
children. Students at Kamehameha, in addition to being Native
Hawaiian, also come from almost every ethnic group in the world,
including Caucasian, Hispanic/Latino, Asian, Pacific Islander,
and other indigenous peoples.
What
exactly did the court decide?
A
three-judge panel of the Ninth Circuit Court of Appeal - which
is one level under the Supreme Court - ruled two-to-one that the
Kamehameha Schools' policy of offering admissions preference to
applicants of Native Hawaiian ancestry is unlawful. The dissenting
justice said, "Congress intended that a preference for Native
Hawaiians, in Hawaii, by a Native Hawaiian organization, located
on the Hawaiian monarchy's ancestral lands, be upheld because
it furthers the urgent need for better education of Native Hawaiians…"
The majority of the court rejected this interpretation of Congress's
intent, reversing a ruling issued by U.S. District Judge Alan
Kay upholding the preference policy.
What
happens next?
Kamehameha
Schools has requested an "en banc" review of the 9th
Circuit Court's original three-judge ruling. The 24 judges from
the 9th Circuit Court of Appeals have until Sept. 13 to call for
a vote or to request an opinion from the original three-judge
panel on whether to rehear the case. If they vote for a rehearing,
a randomly selected panel of 10 judges along with the Chief Judge
would review the case anew and rule, but there would be no deadline
for either the arguments or a ruling. If no judge calls for a
vote by Sept. 13, Kamehameha Schools' request will be considered
denied and KS has the option of seeking review of the three-judge
ruling by the United States Supreme Court.
What's
significant about the court decision and the schools?
First
of all, it prevents Kamehameha Schools from completing what Pauahi
intended - the restoration of the Native Hawaiian people through
education. However, the court decision could impact all people
of color in this country - not just Native Hawaiians. If left
standing, the courts in this country potentially could prevent
any private person, trust, or organization from giving educational
scholarships or financial aid to a disadvantaged ethnic group.
It threatens any private entity that gives financial aid to Latinos,
African Americans, Asian and Pacific Islanders or Native Americans
as a way of helping correct past injustices against people of
color.
Why
are Native Hawaiians so upset about the court decision?
The
court decision represents another blow to the future of Native
Hawaiian culture, which has been slowly eroded through the past
three centuries. Let's look at the facts. In 1778, there were
about 300,000 Native Hawaiians. In just a little over a century,
by 1884, there were only 46,000. The Westernization of Hawai'i
almost crushed Native Hawaiians and their culture. In 1893, agents
and citizens of the United States overthrew the Hawaiian monarchy.
What many people don't know is that from 1826 to 1893, the United
States recognized the independence of the Kingdom of Hawai'i and
extended full and complete diplomatic recognition to the Hawaiian
government. The Kingdom had diplomatic relations with England
and other countries as well.
Isn't
this really about reverse discrimination?
No,
it's not. Reverse discrimination assumes that you're dealing with
two ethnicities or cultures that are equal. By giving preference
to Native Hawaiian children, Kamehameha Schools works to redress
the continuing economic and cultural harms to Native Hawaiians
by providing for a first-rate education for their children. Many
Native Hawaiians look to Kamehameha Schools as a way to obtain
an education and break the cycle of poverty and disadvantage.
Native Hawaiians are not seeking special privileges or handouts
- we're simply trying to help ourselves and future generations
through education, using private money.
But
the school doesn't admit any white children, right?
Many
in our student body are of Caucasian ancestry. Kamehameha Schools
policy is not meant to exclude non-Hawaiians, but to include as
many Native Hawaiian children as possible. The policy provides
for the admittance of non-Native Hawaiian children if space is
available after all qualified Native Hawaiian children are admitted.
Not surprisingly, with more than 96,000 school-age Native Hawaiian
children in the state and only 5,400 spaces available in the Schools'
K-12 program, admission of non-Native Hawaiian children to the
Schools is rare.
Are
Native Hawaiians really that bad off?
Native
Hawaiians today are still poorly represented in virtually every
measure of socio-economic well-being, perform well below their
peers throughout the educational system, and have significantly
lower levels of educational attainment. Native Hawaiians have
among the lowest incomes and highest rates of poverty in Hawaii.
They have higher rates of teen pregnancy and higher rates of incarceration.
Almost 79 percent of the public schools in Hawaii that have predominantly
Native Hawaiians student body are in corrective action, compared
with only 17.4 percent of public schools that do not have a predominantly
Native Hawaiian student body.
Why
should Native Hawaiians be given special treatment?
Native
Hawaiians are not seeking special privileges or handouts. Like
all people, we expect to be treated with dignity, respect and
fairness. That means respecting the commitment made by the United
States government to have Hawaiian lands used for the betterment
of Native Hawaiians. That means honoring the 1993 apology made
by Congress to Native Hawaiians, which specifically acknowledged
that the 1893 overthrow deprived the "rights of Native Hawaiians
to self-determination." And that means allowing a private
institution, like Kamehameha Schools, to use its resources to
provide Native Hawaiian children with an education that cherishes
and encourages our culture.
I
heard that Kamehameha Schools is very wealthy. Why should I feel
sorry?
We
aren't asking for pity. What we're asking for is justice and fairness.
And the size of Kamehameha Schools assets is irrelevant to the
issue. If Bill Gates left his wealth to create a private foundation
to support people of color through educational scholarships, no
one would question defending it from being attacked.
Why
are you protesting against the judges?
We
are not. The rally and march is not a protest against judges.
We disagree with the court's decision and are calling attention
to why we feel the ruling was wrong. We are hoping that the rally
and march help educate others in the Bay Area community and the
country about how important this issue is, not just for us, but
for all people of color.
Who
else is supporting your cause?
Up
to 15,000 people, including many without Native Hawaiian ancestry,
filled the streets of downtown Honolulu Aug. 6, in support of
Kamehameha Schools and its right to offer admissions preference.
Hawai'i Governor Linda Lingle - who is not Native Hawaiian - joined
the march, telling the crowd that the ruling was "not a just
decision" For our San Francisco rally, Tribal Chairman W.
Ron Allen of the Jamestown S'Klallam Tribe, a Washington State
Native American tribe, has told event organizers that his tribe
and numerous others from the Northwest will support the rally.
Why
should I care about this?
This
is about justice for a people that have long been oppressed. And
the court decision could impact all people of color in this country
- not just Native Hawaiians. Also, if you love Hawai'i, remember
that what makes Hawai'i a special place is its host culture, the
culture of Native Hawaiians. Lose that and you lose what makes
Hawai'i unique.
How
can I learn more about the issue and about the rally and march?
Visit
the Kamehameha Schools website at www.ksbe.edu.
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