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Judge Upholds Kamehameha Schools' Policy

Federal Funding Key In Ruling

POSTED: 12:40 pm HST November 17, 2003
UPDATED: 10:03 am HST November 18, 2003

A federal judge ruled Monday to allow Kamehameha Schools to continue its Hawaiians-only admissions policy.

U.S. District Judge Alan Kay ruled that the private school may continue to deny admission to non-Hawaiian students because of its unique and historical circumstances. Kay emphasized that Kamehameha receives no federal funding and because of that, the private school isn't held up to the same scrutiny as public schools.

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Kay also said Congress has consistently endorsed Kamehameha Schools efforts to educate Hawaiian children.

Kathleen Sullivan, argueing for Kamehameha, said, "no court has ever invalidated a program by a private actor that is remedial in nature."

Eric Grant the attorney for an unnamed non-Hawaiian who wants to go to Kamehameha called the admissions policy racist. He said the federal courts have never approved a policy that categorically excludes on the basis of race. He said he will appeal Kaye's decision.

Outside the courthouse, reaction to the judge's decision was jubilant. When word of Kay's decision reached the crowds outside the court house, loud cheers erupted.

The judge said the school, in their eductational mission, were trying to right cultural and social disadvantages that have plagued Hawaiians since the overthrow of the monarchy. He said Kamehameha's admissions policy is reasonable related to remedial purposes.

Even though Hawaiians celebrated Monday, Grant and his legal team will be back in Federal Court tomorrow to argue another case challenging Kamehameha's admissions policy. That will be before Judge David Ezra to argue whether Braden Mohica Cummings, 12, should be admitted.

Related Stories:
Judge May Toss Lawsuit Against Hawaiian Homelands
Hawaiians Hold Vigil Over Lawsuits
Discuss:
Should Hawaiian Programs Be Stopped?
Should Kamehameha Schools Admit Non-Hawaiians?
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