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August 8, 2005

Kamehameha Schools and the Akaka Bill: Soverignty or Apartheid ?

Topics: National News

You may recall a matter we previously posted regarding the federal appeals court decision to strike down the exclusive Kamehameha Schools' policy of admitting only Native Hawaiians, saying it amounts to unlawful racial discrimination. Overturning a lower court decision, 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. This decision has served to fuel rather than tame the fires of conflict on the island state.

Tonight, on Hannity and Combs, HarryTho(a regular Hyscience contributor who is located in Hawaii) reports(via email) that Fox H&C briefed the Akaka Bill and the Kamehameha School situation and compared it to Apartheid. The term, apartheid, had not previously been used in the papers in Honolulu. Fox News concluded that the passing of the Akaka Bill would divide the population in Hawaii.

Earlier tonight (also by email), HarryTho provided an update on today's events surrounding the Appeals decision:

The 9th Circuit Court of Appeals has denied a request to admit a non-Hawaiian student to Kamehameha Schools. The 9th Circuit Court of Appeals informed the requestor, Eric Grant, that the request will first have to be sent back through US District Judge Alan Kay; however, the request could be refiled at a later date (after Kay decides against it).

The 9th Circuit Court of Appeals has declared Kamehameha Schools' admission policy racial and unconstitutional; however, the Appeals Court refuses to process the issue of the decision. Technically, the Appeals Court is acting correctly with respect to court procedure, but it does make one question their motives.

Apparently, the appellant in the landmark case should have required the court to compel Kamehameha Schools to admit the student in question immediate upon a favorable decision. Since the appellant neglected to do so, he must now recommence the process through the US District Court in Honolulu.

Kamehameha Schools have voiced their dissatisfaction with the Appeals Court's decision and clearly stated that they would appeal. Whether or not that is possible is another matter. The appellant feels that there exists sufficient law banning racism in private schools in order to bar any Supreme Court involvement. The appellant cites similar legal precedent in the Appeals Court in order to bar an expanded Appeals Court review.

Some background that may have brought this racism issue to the surface in Honolulu is that Kamehameha Schools admits students of Hawaiian ancestry. However, those students admitted are more representative of the affluent Native Hawaiian community than those for which the school receives is finally foundation from the Bernice Pauahi Bishop Trust. The Trust contains specific language that the school is for the "poor and orphaned" children of Hawaii. Currently, the "poor and orphaned" children of Hawaii (mostly Native Hawaiians) only attend prison or endless generations on substance programs of one form or another. An aristocracy of Native Hawaiians has emerged that has take control of the school's admission policy. For example, the LT Governor and the head of the Republican Party in Hawaii are Native Hawaiians. The LT Governor (a former judge) has two of his children currently-attending Kamehameha School.

Of the estimated 400,000 Hawaiians in the sate of Hawaii, only some 15,000 people attended the rally at Iolani Palace this past weekend. Most of those attendees were families of graduates or students of Kamehameha Schools. The predominant comment from the 385,000 Hawaiians who did not attend the rally is: why should I care about Kamehameha Schools, only the rich Hawaiians get to go there. And, comments like "Open the school to everyone, we don't get to go anyway ..." sums up the feeling of most Hawaiians. Clearly, most Hawaiians are barred form entry, because most "poor and orphaned" Hawaiians do not get the education required in order to pass the competitive entrance exams for consideration for admission to the school. Kamehameha Schools is a fraud perpetrated upon the majority of Native Hawaiians by their own self-ingratiating people.
Yesterday HarryTho reported(via email) that Some 15,000 protesters had shown up to show support for the Hawaiian cause at Kamehameha Schools. There was little talk of the Akaka Bill. Everyone at the rally was concerned about the loss of their Native Hawaiian school. Comments that he received from non-Hawaiians was that the school was intended for the orphans and poor Hawaiians; however, it seems that only aristocracy of the Native Hawaiians attend the school. So, Bernice Pauahi Bishop's legacy to uplift the poor Hawaiians has been long lost or commandeered by the richer Hawaiians.

HarryTho just emailed an additional comment on the H&C apartheid label saying that he believes that this Apartheid issue over the Akaka Bill will cause some concern. He feels that the use of the word "apartheid" is an extremely negative characterization.

Posted by Hyscience at August 8, 2005 11:54 PM

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