Kamehameha Schools could see Supreme Court in 2007 by Ford Gunter THE GARDEN ISLAND In 1887, the last will and testament of Bernice Pauahi Bishop, a direct descendant of Kamehameha the Great, established the Bernice Pauahi Bishop Estate, the income
Kamehameha Schools could see Supreme Court in 2007
by Ford Gunter
THE GARDEN ISLAND
In 1887, the last will and testament of Bernice Pauahi Bishop, a direct descendant of Kamehameha the Great, established the Bernice Pauahi Bishop Estate, the income from which would operate the Kamehameha Schools.
Admissions policy called for native Hawaiians to get priority, which met little resistance until the disproportional rise in applicants claiming Hawaiian ancestry far outpaced the growth of spots available.
Only twice since 1965 have non-native Hawaiians been admitted, most recently on Maui in 2002, after all qualified Hawaiian applicants had been admitted.
Attorney John Goemans filed a lawsuit in June 2003 on behalf of an unnamed student claiming racial discrimination in Kamehameha’s admissions, but a judge tossed it in November of the same year, saying the school served a legitimate purpose in improving socioeconomic and educational disadvantages of native Hawaiians.
Goemans appealed, and in August 2005, the U.S. Ninth Circuit Court of Appeals voted 2-1 to overturn, a decision followed by a protest march to ‘Iolani Palace in Honolulu of more than 10,000 people, including non-Hawaiians and the governor and lieutenant governor.
Then, on Dec. 5, the decision was overturned again by a 15-judge, en banc panel, 8-7.
The majority opinion spoke mainly of unique circumstances in Hawai‘i, and the school’s remedial mission.
Goemans has promised to appeal to the U.S. Supreme Court, so like many other headliners of 2006, the Kamehameha Schools debate will surely continue into 2007.
