Ninth Circuit upholds Kamehameha Schools' admission policy

A federal appeals court court decided on Tuesday, Dec. 5, in favor of the nonprofit Kamehameha Schools in a case that challenged its admissions policy. A majority of the 15-member Ninth Circuit Court of Appeals ruled in the schools' favor, overturning an earlier decision by three of the court's judges that found the policy amounted to unlawful discrimination.

The majority opinion said the case was unique because Congress has singled out the plight of native Hawaiians as they have with Alaskan natives and American Indians. John Goemans, one of the attorneys who sued Kamehameha Schools, said the plaintiffs will appeal the case to the U.S. Supreme Court.

The following is text of a letter from the Kamehameha Board and CEO announcing and celebrating the decision:

It is our great pleasure to share the news with you today that the US Ninth Circuit Court of Appeals has ruled in our favor in the Doe v. Kamehameha Schools lawsuit. A majority of judges on our en banc panel have agreed that Kamehameha’s preference policy is legally justified and permissible.

The court ruled that our policy is a permissible remedy for a specific people. The court recognized the circumstances that set us so firmly apart from a law that was enacted 150 years ago to protect newly freed slaves, that we are a private institution founded during a time of Hawaiian sovereignty to remedy, through education, the imbalances endured by an indigenous people, and that our mission has been recognized by Congress.

We are elated for the children we exist to serve. The judges 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.

At the same time, we know our fight is not over. Our legal team has done a superb job, but we expect the plaintiff to file an appeal with the U.S. Supreme Court. Rest assured, we will take all measures to preserve the Ninth Circuit's decision and the right to continue our preference policy. Pauahi left her estate to improve the capability and well being of the Hawaiian people, and we will do what we must, in the best interest of her trust, to protect her wishes.

Our Princess was a devout Christian and a believer in prayer. Throughout this challenge, all of us here and many of our supporters have followed her example and prayed for guidance and strength. And so we will say our prayers of thanks today and also ask for the strength to continue our fight, which we know is pono.

Kawaiaha`o Church, where the Princess worshiped, has agreed to hold a special service at 5 p.m. on Wednesday, Dec. 6. We welcome all who would like to join us as we ask Ke Akua for guidance through the next part of our journey.  Those across our state and on the continent who cannot join us in person can certainly join us in spirit wherever they are at 5 p.m. Hawai'i time.

Once again, we say mahalo palena `ole – gratitude beyond measure – to the thousands in our community who have expressed support for Kamehameha Schools and for the children we were founded to serve. As this battle continues, we pledge to return your support by working harder than ever to extend the reach of this great legacy to as many haumans as we possibly can.

Me ka mahalo nui a me ka ha’aha’a – With much gratitude and humility,

Board of Trustees:
Robert K.U. Kihune, Chair
J. Douglas Ing
Constance H. Lau
Nainoa Thompson
Diane J. Plotts

Chief Executive Officer:
Dee Jay Mailer