HONOLULU -- The U.S. Ninth Circuit Court of Appeals ruled on Tuesday that Kamehameha Schools' policy of Hawaiian's first admission is "not unlawful race discrimination."

The ruling overturns an earlier decision by a smaller, three-judge board's decision at the same appeals court. Fifteen federal appellate judges heard the arguments in June. The court was divided eight to seven.

"It is close, but I'd rather be on the eight side rather than the seven," Kamehameha Schools Vice President of Legal Services Colleen Wong said.

Attorney Eric Grant, representing an unidentified Caucasian boy, fought the policy after his client was denied admission to the school. Grant said that his client is willing to go on to the Supreme Court.

Three dissenting judges wrote that civil rights law prohibits a private school from denying admission because of race.

Kamehameha Schools' staff said that the administration is taping a televised message for the students. Students could be heard cheering and chanting throughout the campus as word spread about Tuesday's ruling, workers said.

Grant said he is "somewhat disappointed" with the decision and "disagrees" with the court's decision.

Kamehameha Schools' Board of Trustees Chairman retired Adm. Robert Kihune said that he was "absolutely delighted" with the ruling and felt that it was a "permissible remedy."

“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," Kihune said.

"This is a joyous day for all of us at Kamehameha Schools," Kamehameha Schools Chief Executive Officer DeeJay Mailer said.

Grant said that seven of the 15 judges sided with him. He said the close vote means it is likely that the U.S. Supreme Court will accept the case.

"I think when it does, the justices will recognize that this policy this racially exclusive policy does violate federal civil rights law," Grant said.

He believes that precedent cases on race would favor a favorable ruling from the high court.

Kamehameha's strategy is to avoid the Supreme Court, where seven of nine justices are Republican appointees, KITV reported. The appeals court vote was along party lines, except for one appointee of former President Bill Clinton who voted with the Republican-appointed judges.

The school will argue that outside of Hawaii no one cares.

"It really doesn't attract any, or have any national importance, and that's the types of things they are going to look at," Wong said.

Grant disagrees with that.

"It shows that this is an issue of national importance. It's an issue about which the court is concerned," Grant said.

Grant's client has already graduated from high school. He stressed that it was their intention to get the student into Kamehameha Schools and not to make a statement by getting a non-Hawaiian into the system.

Kamehameha Schools' students gathered at a prayer service on Tuesday in celebration of the ruling. Kamehameha Schools also arranged another prayer service for 5 p.m. on Wednesday at Kawaiahao Church.

Kamehameha Schools was set up by the trust of Bernice Pauahi Bishop and was started in 1887.

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*Ponder when the trust was established. Hawaii was not part of the United States. Literacy deteriorated because of the insurgence of the English Culture which handicapped the indigenous population. It is disrespectful to disregard the wishes of Princess Bernice Pauahi Bishop whom's wish was to educate Hawaiian Children. The Kamehameha Schools are self supporting and are constantly being attacked by those at have always suppressed the Hawaiian Culture.

Perhaps everyone should be allowed to attend the Kamehameha Schools. Tuition at ten thousand dollars per semester. Students with Hawaiian ancestry subsidized by the Trust as a scholarship. The objection is not race related but financial and political.

Bo Aki - Mililani, Oahu

*First, a trust/will is just that as Summer put it, a legal binding document with the sole purpose of carrying out the wishes of the deceased. If any john doe is allowed to attack the trust when said person has no apparent connection to the deceased, and a court upholds the plaintiffs attack, what does that say about our government and the decision makers entrusted with great power? Now, that is a violation of the rights of the deceased and those he/she intended as beneficiaries. Please leave Ke Ali'i Pauahi's Trust alone. Second, the claim that the plaintiff had been denied a good education and put at a terrible disadvantage is entirely bogus. There is such a wide variety of public, private, and parochial schools here in the State of Hawai'i on the four main islands, that it is ridiculous to make such an idiotic statement. When there is so much available to choose from, a spoiled child will whine about that which he/she may not have. Finally, Kamehameha is a Hawai'ian school designed to educate Hawai'ian and Part-Hawai'ian children in the Hawai'ian way. Part of the school's mission is to nurture her children to embrace their Hawai'ian-ness and to allow the essence of their culture, music, language, stories, art to radiate throughout all facets of their lives. Our unique heritage our very life was stripped away from us, and it started at the first contact with western society. Now allow us to continue to rebuild our culture, to rebuild our heritage which makes Hawai'i uinique. Not all great and marvelous things are western. Allow us to keep a part of Hawai'i for Native Hawai'ians. Allow us to choose to want to share, instead of taking what is not for sale. For the Mrs. Burgess, who claims to be Hawai'ian, Kamehameha Schools puts hundreds of thousands of dollars back into the public school system as well as other agencies and communities throughout the state that benefit all people. Ponder that. o wau iho me ka ha'aha'a. aloha no, beatrice 'honeybea' ku'uleialoha mahi ravenscraft

*Princess Bernice Pauahi witnessed the demise of the Hawaiian population, which numbered over 100,000 at the time of her birth, to a scant 44,000 at the time of her death. She believed that a good education would help keep the Hawaiian people from becoming a thing of the past…extinct.

I am so happy that there are those who believe in her dream and the right of any individual to establish a trust to benefit any group or individual based on whatever criteria they chose to use. Imua Kamehameha!
Deena Ahakuelo
Honolulu, Hawai’i

*Even in the racist south prior to the 1960s, the motto was "separate but equal," whereby black schools were supposed to be equal to white schools." The public schools are not equal to Kamehameha schools, and the bottom line to me as a parent, is that if Kamehameha schools did not exist, there might be better public schools and better funding, since Hawaiian children would be forced to go to public schools if monies were not available by their families or scholarship to go to private schools. The ruling is unconstitutional. Steve Bronstein/Maui

*I believe that changing the admission rules violates the letter of the trust that was set up in the first place. If this is done, the trust could hold back funds for the school which would damage a great number of people. A person who has passed so many years ago, and so lovely left a trust for those so much in need, should be honored with the laws of that time period. She doesn't have the opportunity to change the trust to complete her wishes as to how she wanted the funds used. This seems very wrong to me. I think it is far more important that her wishes be carried out to the letter of her desires, and it would be like changing her will after she has passed. She should not be dishonored for being a person with a great deal of unselfish feelings for those less fortunate then herself, by having her trust altered. Jim Hall

*Hurray for Kamehameha Schools... and the panel of judges who agreed with the findings to this point. Why there has to be any more discussion or appeals is ludicrous. The will of Pauahi Bishop should never have been in question. A will is a will, period. Our prayers are with the Kamehameha Schools and everyone who has worked so hard to continue to have the school available for the Kanaka Maoli. -Summer

* Aloha.......Not being of Hawaiian ancestory I am very happy with the courts decision not to allow someone who is not of HawaiianBlood into the school...I was very disturbed when I heard this incident had to go to court...but again very releived to hear that it was resolved and back in Hawaiian hands....keep on chanting..................BE PROUD....STAND PROUD....IMUA KAMAHAMEHA.............

-Gloria Gomez

* I am delighted by the decision of the court. I have often wondered why this case could even be brought in the first place. Kamehameha School was established in the Pauahi’s will. Wills by design are exclusive by nature. They bequeath a decedent’s belongings to only certain persons. The Kamehameha Schools receive no federal funding such as in the case of the Citadel or VMI. I know that this is not over and that the plaintiffs are now seeking monetary damages and review by the Supreme Court but I have to ask the question that has been bothering me for the longest time…" would this be an issue if the Kamehameha Schools were just a one-room, run-down institution?" I think not. Imua Kamehameha!

Michelle U. Pokipala

* May people of Hawaiian ancestry and those people of Hawaii who embrace the Hawaiian spirit, it''s culture, and it's people, continue to come together in unity. Imua Kamehameha!

Moana V.C. Molale
Hawaii Volcanoes National Park, Hawaii Island (Big Island)

* While I understand the tenets of the Bernice Pauahi Bishop estates desire to set up a school strictly for Hawaiian students, setting up a discriminatory practice, regardless of the initial noble intentions is still wrong. Understandably, at the time the estate's wishes were made there was rabid discrimination against Hawaiian children in the education system. Having said that, times and values have changed. I like to believe for the most part in a postive way. Recently The Virginia Military Institute and The Citadel lost cases regarding a students gender several years ago. In that case, gender was the main issue. In this case it is ethnicity. Based on the merits that have been listed, I do believe this is a Civil Rights issue. Civil Rights are applicable to all Americans. Injustice then is no different then injustice now. Understand, I have no dog in this fight. What I do see however is a discriminatory practice that is causing more racial tension then anything the Bishop estates founders wanted. This will probably be decided at the Supreme Court. I am hopeful fairness will win the day. Aloha. -v/r Russ Matusiak

*"The long and short of it is that the court found that Kamehameha's admissions policy is legal. The only place for this to go now is to the U.S. Supreme Court for a last and final appeal (by John Doe since he lost). It is very important to win at this level since the U.S. Supreme Court does not take all appeals. They only take the ones they want to decide (although if I had to bet, I would be that the U.S. Supreme Court takes this one). So, it's not over, but this is a very good step for Kamehameha." - George Gusman III

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