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Pupule
USA
4551 Posts |
 Posted - 08/02/2005 : 6:30:14 PM
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Hawaiian School Admissions Policy Nixed
By ALEXANDRE DA SILVA, Associated Press Writer
Tue Aug 2, 6:46 PM ET
HONOLULU - A federal appeals court Tuesday struck down the exclusive Kamehameha Schools' policy of admitting only Native Hawaiians, saying it amounts to unlawful racial discrimination.
Overturning a lower court, a panel of the 9th U.S. Circuit of Appeals in San Francisco ruled 2-1 that the practice at the private school violates federal civil rights law even though the institution receives no federal funding.
The case was brought by an unidentified non-Hawaiian student who was turned down for admission in 2003.
"I think it is a terrific decision," said John Goemans, an attorney for the boy. "It is a very big event for Hawaiian history."
Eric Grant, a Sacramento, Calif.-based attorney who filed the suit with Goemans, said the boy's identity would likely be revealed next week and they expect him to start 12th grade at Kamehameha in the fall.
The Kamehameha Schools were established under the 1883 will of a Hawaiian princess to educate "the children of Hawaii." The admission policy was created to remedy the disadvantages suffered by Hawaiians as a result of the overthrow of the Hawaiian monarchy.
But the appeals court judges said they "do not read that document to require the use of race as an admissions prerequisite."
About 5,100 Hawaiian and part-Hawaiian students from kindergarten through 12th grade attend the three campuses, which are partly funded by a trust now worth $6.2 billion. Admission is highly prized in Hawaii because of the quality of education and the relatively low cost.
Non-Hawaiians may be admitted if there are openings after Hawaiians who meet the criteria have been offered admission, school officials have said.
An attorney for the school, Kathleen Sullivan, said Kamehameha will seek a review of the case before the full 9th U.S. Circuit Court of Appeals and the Supreme Court.
"We think that the majority is wrong and that the dissent is right," she said.
The appeals court reversed a 2003 by a federal judge who ruled that the Kamehameha Schools could continue the Hawaiians-only admissions policy because of its unique historical circumstances.
http://news.yahoo.com/s/ap/20050802/ap_on_re_us/hawaiian_school
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Admin
Pupule
USA
4551 Posts |
Posted - 08/07/2005 : 04:13:01 AM
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Thousands march in support of Native Hawaiians
By Advertiser staff
A wave of Hawaiian flags, many carried by Native Hawaiians in traditional Hawaiian garb and blowing conch shells, led a sea of 10,000 to 12,000 walkers draped in red yesterday who took part in the Kamehameha Schools Doe Decision Observance rally.
The rally and march were in protest of a federal appeals court ruling earlier this week that Kamehameha Schools' practice of giving admissions preference to students of Hawaiian blood violates federal civil rights laws, first passed in 1866, barring private institutions from discriminating on the basis of race.
The 9th U.S. Circuit Court of Appeals released its 2-1 decision on Tuesday.
Though Native Hawaiians' initial reaction to the decision ranged from anger to tears and dismay, this morning's rally was a testament of Native Hawaiian unity in the fight to preserve Kamehameha's admissions policy.
Sergeant William Axt of the Honololulu police department estimated the parade of supporters to be 10,000 to 12,000 strong of "very well-behaved people."
While some marchers at the front of the pack wore traditional malo (loincloth), kihei (cape) and kikepa (sarong); many others dressed in red, as requested by organizers, to show their support.
The march started with a two-hour rally at the 'Iolani Palace, with many supporters setting up on the lawn hours earlier.
The parade started from the palace grounds at 10:30 a.m., with so many participants that it took more than 25 minutes for the grounds to empty onto King Street. At one point, supporters stretched from the Palace gates around the corner on Nu'uanu Street all the way mauka to Vineyard Boulevard en route to the Royal Mausoleum.
Some of the marchers were kupuna (elders), pushed in wheelchairs by relatives. Alongside these were mothers pushing babystrollers. The sight illustrated how generations of Native Hawaiians came together this morning to show support for the schools.
Two lanes of King Street were held open during the march. Some passersby honked in support, drawing cheers from the walkers, many of whom chanted "Ua mau ke ea o ka 'aina i ka pono" (The life of the land is preserved in righteousness.) — Hawai'i's motto — as they walked. |
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Admin
Pupule
USA
4551 Posts |
Posted - 08/07/2005 : 04:22:03 AM
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Rally cry: 'Justice now!'
By Gordon Y.K. Pang and Will Hoover
Advertiser Staff Writers
Conch shells blew and Hawaiian flags waved as tens of thousands of Hawaiians from Kaua'i to the Big Island united yesterday in support of Kamehameha Schools' admissions policy.
The massive show of unity was in response to Tuesday's appeals court ruling that Kamehameha Schools' 117-year-old practice of giving admissions preference to students of Hawaiian blood violates federal civil rights laws.
An estimated 20,000 Hawaiians and their supporters gathered yesterday at events on five islands — O'ahu, Kaua'i, Moloka'i, Maui and Hawai'i — to hear Kamehameha Schools reiterate its vow to fight the court's decision.
"This is the largest unity of Hawaiian people I've seen in my lifetime," said 39-year-old Gary Ke'aka, one of about 15,000 people who participated in yesterday's rally and march on O'ahu.
They began with a two-hour rally at 'Iolani Palace, then marched almost two miles along King Street and up Nu'uanu Avenue to Mauna 'Ala, the Royal Mausoleum. Princess Bernice Pauahi Bishop, the school's founder, is buried there with other Hawaiian royalty.
On Kaua'i, police estimated 500 people turned out in support of the school's legal battle.
"How can people take away from a race that has so little? What kind of mean-spiritedness does it take to do that?" said Imaikalani Patrick Aiu, 29, of Wailua. "I hope it gets reversed. If not, Hawaiians will have to take drastic action — Hawaiians and everybody in the state who believes in justice."
In Kona on the Big Island, between 300 and 400 people marched along Ali'i Drive in Kailua village.
"Kamehameha is a good school because 90 percent of the students go on to college," said Alexandra Fernandez, whose son is a senior at the school's Kea'au campus. "That's a good education and it's for our Hawaiian children."
On O'ahu, Sgt. William Axt of the Honolulu Police Department estimated that 10,000 to 12,000 of the 15,000 people at the morning rally joined in the march.
"It takes your breath away to see this much Hawaiians united," said Malia Umi, a University of Hawai'i senior from Pahoa on the Big Island.
Umi noted that Hawaiians till now have been divided on issues such as the Akaka bill, which would give federal recognition to Native Hawaiians and Hawaiian sovereignty.
Yesterday, she saw all sides coming together as chants of "Justice now!" echoed throughout the march.
"Hawaiians are at the bottom of the socioeconomic ladder," Umi said. "If this is taken away, what else have we got?"
About 5,100 Hawaiian and part-Hawaiian students from kindergarten through 12th grade attend the three Kamehameha campuses, funded by a trust now worth $6.2 billion. Admission is highly prized in Hawai'i because of the quality of the education and the relatively low cost.
Non-Hawaiians may be admitted if there are openings after Hawaiians who meet the criteria have been offered admission.
The lawsuit against the school was brought by an non-Hawaiian student, identified only as John Doe, who was turned down for admission in 2003.
On O'ahu, school trustee Nainoa Thompson set the mood for the day when he read from a speech that was given by former Kamehameha principal Adrick Thompson (no relation) more than a century ago. The speech told of the need for Hawaiians to stand up for what they believe belongs to them, including their heritage.
The century-old speech, Nainoa Thompson said, also described Kamehameha as "the last hope of the Hawaiian people."
One thing that the former principal got wrong, he said, was his fear that Hawaiians would stand alone in their plight.
"That court ruling touched a deep, deep nerve in all of us," Thompson said. "Hawai'i is special and at the core of that specialness is what grounds the culture here is the Native Hawaiian's culture. I don't believe we are standing alone."
Gov. Linda Lingle, who walked in the O'ahu march with Lt. Gov. James "Duke" Aiona, chief of staff Bob Awana and other members of her Cabinet, touched on the same subject as Thompson.
While people in Hawai'i disagree on many issues, most people are "in exact alignment" on the Kamehameha issue, the governor said. "And we need to be in exact alignment today."
Lingle added: "Regardless of the legal basis for this position, this is not a just position."
The two attorneys who represent the child challenging the admissions policy said they do not believe that the judges of the 9th U.S. Circuit Court of Appeals will be swayed by yesterday's display of unity.
Sacramento-based attorney Eric Grant said he respects the right of those who gathered to rally yesterday. "That's fine, this is America, we have free speech," he said. "The case is going to be resolved in court, though.
"If they have any impact at all, it's probably negative for the schools," Grant said. "To my experience, (judges) generally don't like to be pressured. I think in 99 percent of the cases, they ignore it, and if they take any account of it at all, they probably resent it."
John Goemans, the Hawai'i attorney representing John Doe, also said he does not believe that the rallies would have any impact, but said he was impressed with the large turnout on O'ahu.
"That's a big crowd," he said. "Anybody can demonstrate all they want but that isn't how issues are decided."
Robbie Alm, a Caucasian who resides on O'ahu, said he never felt envy when Hawaiian friends of his entered Kamehameha.
"I knew I had other options," he said.
"As a child, I had learned from my parents that we all get gifts in our lives but not always the same gifts.
"And you do not covet the gifts of others."
The Associated Press contributed to this report.
Reach Gordon Y.K. Pang at gpang @ honoluluadvertiser.com and Will Hoover at whoover @ honoluluadvertiser.com.
For article and photos, click here. |
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RJS
Ha`aha`a
1635 Posts |
Posted - 08/07/2005 : 08:32:19 AM
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"Robbie Alm, a Caucasian who resides on O'ahu, said he never felt envy when Hawaiian friends of his entered Kamehameha.
"I knew I had other options," he said."
That's the whole point of Kam schools - one small step to equalize options. The case of this haole kid in Hawaii is just not the same as some black kid in Alabama in the 60's. That's why the case should have been heard and decided upon in Hawaii. Period.
BTW, I'd love to see how the judges would decide the case if a white boy tried to enter the Indian School of Arts in Santa Fe.
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Kapila Kane
Ha`aha`a
USA
1051 Posts |
Posted - 08/10/2005 : 12:47:41 AM
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I understand how a person could be attracted to educational depth and a culture...but maybe if we hadn't decimated and assimilated so many cultures, then Western "Civilization" wouln't be so hungry to steal, buy, force or litigate our way around...and procure folk art to fill the voids in our lives.
--And then-- almost as an afterthought, save a small piece of a culture for the museum and tourist amusement schemes.
Keep the Kamehameha schools for those with some real Hawaiian roots.
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RJS
Ha`aha`a
1635 Posts |
Posted - 08/10/2005 : 11:11:11 AM
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I was in Hawai'i when the case was first going to court. It seems there was fairly reputable reportage that the kid really didn't want to go to Kam, and wasn't interested in Hawaiian culture. This thing is the mom's bag - and she also never spoke about the Hawaiian culture angle, just how her "poor" child was unfairly kept away from this advantageous situation by unlawful and discriminatory policies.
You can make your own judgements, but in my opinion this case has to do with one lady with a major attitude. |
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akahele
Aloha
USA
33 Posts |
Posted - 08/19/2005 : 12:45:44 PM
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Gee Raymond, all that professional training must have paid off. I commend you on your restraint - although it does seem like you're really stretching the definition of "lady" here. Unfortunately it does sound like a case of someone trying to extort money from a sucessful organization. Probably doesn't have anything at all to do with her "poor" child but everything to do with some overly materialistic lady who senses an opportunity to gain some monetary benefit from an out of court settlement. For the record, I agree with you - this case should have been heard and settled in Hawaii. I grew up in Hawaii and while I didn't qualify to go to Kamehameha I didn't feel dicriminated against either. Kamehameha was just another school - just like there were Catholic schools, and other various ethnic affiliated schools.
Jus' too many lawyers out there willing to pursue these cases - I think a perfect song regarding this is done by the Eagles called "Get over it" from their "Hell freezes over" album. In particular the reference to William Shakespeare is perfect:
The more I think about it, Old Billy was right
Let's kill all the lawyers - kill 'em tonight
I'll get off my soapbox now...
Clif |
Edited by - akahele on 08/19/2005 12:48:29 PM |
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Mika ele
Ha`aha`a
USA
1493 Posts |
Posted - 08/19/2005 : 4:33:17 PM
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Just a (maybe not so interesting) side bar question.
First of all, I agree with the Hawaiians on this issue.
When I was in Aotearoa a month ago I was told that almost everyone in New Zealand is part Maori. The Maori way was to inter-marry and find racial reconciliation with the "colonists" (pakeha) in the bedroom. There is an interesting bestseller (in NZ) on maori-pakeha relations through intermarriage that discusses the wide ranging social ramifications and successes/failures.
This has also occurred (and is more prevalent today) to some degree in Hawaii. Not many 100% pure Hawaiians left on the islands.
At what point, does a person of Hawaiian descent not become Hawaiian in the legal sense? When in the future will it be difficult to ensure that there are enough "Hawaiians" that may be admitted to Kamehameha Schools? Does your gene pool need to be at least 50% Hawaiian?
(from a haole kama'aina) |
E nana, e ho'olohe. E pa'a ka waha, e hana ka lima. |
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hapakid
Luna Ho`omalu
USA
1533 Posts |
Posted - 08/19/2005 : 9:09:35 PM
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You're right, Mika'ele. While we can keep Hawaiian culture alive, defining a group of people by the purity of their race is a losing battle. Institutions that make that distinction to define belonging or not belonging are going to find it harder and harder to decide.
My mother, who went to Kamehameha in the 1950s always said she regretted moving away from Hawai'i because I, as a hapa kid, could have gotten a Kamehameha education there. My kids, however, would not have qualified, though I think the rules are more relaxed now. If Kamehameha loses their battle, it's largely symbolic because there are so few with predominantly Hawaiian blood. None of my relatives wanted anything to do the with Office of Hawaiian Affairs because to prove your racial provenance you had to fill out dozens of pages detailing your relatives going back more seven generations or more. Few people I've ever met in Hawai'i can do that.
As much as Hawaiians love to make fun of portagee, kepani, pilipino, pake and haole people, there was always a lot of lovin' goin' on.
Jesse Tinsley
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Peter Medeiros
`Olu`olu
546 Posts |
Posted - 08/22/2005 : 1:26:16 PM
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Let me put it out in the open for you. I speak as a graduate of Kamehameha, I speak as an educated Hawaiian and I speak as one who has worked in the Hawaiian community. I know that I am not alone; I see the decision as unjust with little regard to Hawai’i’s history. I see the plaintiff's parents and those providing the financial backing as revisionist and evil. Trying to take that which is not theirs to take. It is a decision that has brought out the anger of the Hawaiian community. We are not racist and we know when we’ve been screwed.
I can tell that this is an issue of which very few of you any have given any serious thought too and that I as a Hawaiian cannot turn my back on and let slide, because a lot of misinformation is being posted. In reading your comments, and looking at omissions of historical facts in the preceding posts, I can only come to the conclusion that most of you are uninformed as to the true nature and real issues which affect the Hawaiian People on a daily basis.
The legal decision by the small panel of three judges on the 9th Circuit Court was a split decision 2 to 1. And because it is a Constitutional issue, it has implications that go far beyond the finding that Kamehameha is a racist institution. Kamehameha was founded prior to the overthrow of the Sovereign Government of Hawaii.
This is a victory for a well-financed ultra conservative group that actually includes the grandson of one of the primary architects of overthrow of the Sovereign government of Hawaii. Their apparent goal is to deconstruct those Hawaiian Institutions that were set up for the welfare of a Hawaiian people by the ali’i. The plaintiff, John Doe could be any child, from anywhere in the U.S. who did not have a drop of Hawaiian blood. The target is the Ali’i trusts. The Ali’i trusts were set with each succeeding monarch specifically for the benefit of the native people.
By the mid 1800’s the native Hawaiians were already becoming a minority in their own land and would eventually be precluded from even voting in their government because of a legislature dominated by haoles, and also because of a very well armed haole militia unit – which existed for no other reason but to intimidate. The ali’i knew that there was no other means of protecting and providing for their people, who were literally dying by the thousands. When you think of squalor and destitution start thinking about Hawaiians, there was no Social Security net whatsoever. But this was the means through which a poor but sovereign Hawaiian Government was attempting to care for its people.
The Kamehameha Schools / Bishop Estate, was founded by Princess Bernice Pauahi Bishop, in 1887. Her trust was drafted in 1883. Pauahi died the next year. This was a turbulent period in Hawaiian history, where large agricultural concerns were demanding more and more of a say in to the governance of Hawaii. This was the age of the industrial revolution, and extremely large sums of money could be made if the right market was found.
35 years prior to the foundation of the Kamehameha Schools, land use for the Hawaiians changed drastically with the Great Mahele in 1848 with the conversion to a western fee simple based ownership of land. The fledgling monarchy of Hawaii, did not have an economic engine to help pay off its ever increasing foreign and domestic debts. A way of alleviating the debts was suggested by the missionaries, and this was accomplished by declaring that the government owned all of the lands. Furthermore the government would become more democratic, through electoral process, and the land would then be redistributed in fee first to the chiefs and then the people. It is no secret here in Hawaii how many of the missionary descendents ended up with the majority of the land and live as their trust babies.
Land use up until this point in time was based upon a feudal system, the of missionaries and other westerners who wanted to acquire land were for the most part kept out of land use and ownership. The Great Mahele was the vehicle through which westerners acquired the majority of land. The ali’i and just a handful of Hawaiians retained land. Hawaiians had no concept of land ownership – they were part of the land and now they were being evicted from the land that their ancestors had lived on for hundreds of years.
It has only been in the last twenty to twenty-five years that Kamehameha has come up to par as a college preparatory school -- not quite at, but close to the scholastic level of Iolani and Punahou Schools, two of the primary private schools here in Hawaii. Also during this same period of time, due to increasing real estate values and good investments Kamehameha had actually acquired substantial liquidity and the means to improve the quality of education and reach further into the Hawaiian community. The three Kamehameha School campuses and physical plants are modern facilities and have become the crown jewel of the ali’i trusts.
The cost of attending Iolani is $12,200 and Punahou is $12,885 annually. The cost of attending Kamehameha is less than $2,000. Is there any question now why a Kamehameha education is desirable?
When I was younger and without a family I worked in the Hawaiian communities which are the poorest of State’s communities; I have done work in the prisons – where Hawaiians make up the majority of the prison population, I have participated in the study of overall health of Hawaiians which is the worst of all the ethnic groups in Hawai’i.
I know the value of a Kamehameha education and what it means for Hawaiians no matter what the blood quantum. Those slack key players whose names that you speak of so highly in this forum Keola Beamer, George Kahumoku, Dennis Kamakahi, Gerry Santos (Olomana), Albert Ka'ai (Makapu'u Sand Band) -- they are graduates of Kamehameha and classmates of mine. I am certain to the man that everyone of them will tell you Kamehameha is not a racist institution by any means – it was founded for the benefit of the Hawaiian people. You can walk on any of the campuses and see children of every color and shade of humanity being taught. Not all Hawaiians can get into Kamehameha Schools, but I know that the Schools are trying to reach as many Hawaiians as they possibly can in order to give them the benefit of the Princess’s gift.
There are specific reasons why the Hawaiians– the host culture – are in such dire straights; we are not ignorant of them. And that is because an ascendant culture – in this case the American culture-- in order to maintain its’ status as the dominant culture has to acquire and utilize all available resources, and at the same time beat down any other competing culture. Usually the guys with the most guns and better aim win. This is called colonization. Every native population that has gone through it has suffered. The Hawaiians are no exception; the loss of land; the loss of self determination; the loss of language; the loss of culture and the loss of self-esteem.
The plaintiffs (John Doe) in this case may want a monetary settlement, but the ultimate goal by others connected is to destroy the ali’i trusts and take the land. It would certainly make a lot of realtors and other business owners happy. But what good would it do for the Hawaiians.
We as Americans don’t like to talk about it because we wear the white hats; we’re the good guys. The use of the racist institution card in our judicial system is a certain way to get every good Americans hackles up. But what if this card is used successfully (apparently) in a way to undermine an institution (albeit the largest private trust and landowner) that was founded for the welfare and benefit of native population that has struggled to survive in a foreign and westernized world. Is there any need to wonder why 20,000 people marched in protest two weeks ago?
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Edited by - Peter Medeiros on 08/22/2005 2:10:22 PM |
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`Ilio Nui
`Olu`olu
USA
826 Posts |
Posted - 08/22/2005 : 3:17:52 PM
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Mahalo Peter,
Ke akua pu
Dave |
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RJS
Ha`aha`a
1635 Posts |
Posted - 08/22/2005 : 6:41:01 PM
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| Makes ya proud to be an american |
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Mika ele
Ha`aha`a
USA
1493 Posts |
Posted - 08/23/2005 : 07:01:41 AM
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Peter,
Mahalo nui loa! Especially for taking the time to educate us.
I understand that Princess Bernice Puahi Bishop married a haole from New York that had become a citizen of the Kingdom of Hawai'i and had become a leading banker in Honolulu. He was also the first trustee of the Kamehameha Schools Trust. Isn't she also the namesake for the Bishop Museum in Honolulu?
Do you know if the decision is going to be appealed? The 9th U.S. Circuit Court of Appeals in San Francisco is a very liberal court and has rendered several controversial decisions in recent years. Many of which have been overturned on appeal. |
E nana, e ho'olohe. E pa'a ka waha, e hana ka lima. |
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hapakid
Luna Ho`omalu
USA
1533 Posts |
Posted - 08/23/2005 : 08:50:59 AM
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Thank you, Peter, for the summary of Hawaiian history.
I have several graduates and current students of Kam School in my 'ohana, including a young cousin now in middle school. It truly has allowed native Hawaiian young people to reach higher and have more impact on society than a with a public school education. It's unfortunate that some have had to leave the islands to make a living in recent years.
My mother (class of 1957) came from a very poor family on the windward side. If not for an uncle who drove cab and would take her over the pali to school in the fall, plus a job in the dorm kitchen to pay for her tuition, she would not have been able to go to Kamehameha. Back then, her teachers were mostly British, except Mary Pukui, and they scolded the kids for speaking pidgin. She learned to speak the "king's English".
I am looking forward to taking her to her 50th reunion in 2007.
Jesse Tinsley |
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Mainkaukau
Lokahi
USA
245 Posts |
Posted - 08/23/2005 : 1:53:11 PM
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Always interesting to read from Peter. Here are some random thoughts: I wonder how the wealthy/educated Hawaiians who excel in haole institutions feel about all of this? Who are the real movers of the Kamehameha Schools / Bishop Estate? Seems to me they had some pretty bad management there these past years. Is it a coincidence that this issue is polarized at the same time as the Akaka bill issue is at hand?
Should I change the strings on my guitar even if they still feel and sound crisp after all these months? Hey Jesse, my grandfather drove a cab. He live in Waihole. Hmmm,I wonder? |
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