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Kamehameha Schools Faces Legal Challenge Over Admissions Policy

Kamehameha Schools, a private K–12 educational institution established by Princess Bernice Pauahi Bishop, is preparing to defend its admissions policy amidst renewed legal scrutiny. This policy, which grants preferential admissions to students of Hawaiian ancestry, is at the center of a legal challenge initiated by Students for Fair Admissions (SFFA), an organization known for its opposition to race-conscious admissions practices in U.S. universities.

Earlier this month, SFFA launched a website, KamehamehaNotFair.org, seeking plaintiffs to contest the policy, claiming it is “discriminatory” and “unlawful.” The group’s founder, Edward Blum, argued in an op-ed set to appear in the Honolulu Star-Advertiser that the admissions preference effectively excludes qualified candidates from other racial backgrounds. He contends that this policy violates Section 1981 of the Civil Rights Act of 1866, which prohibits race-based exclusion in private education.

Blum acknowledged the school’s mission to educate children in Hawaiian culture and language, particularly those from disadvantaged backgrounds. Nonetheless, he maintains that race-based preferences are neither necessary nor legally justifiable. “Opening admissions to all races does not betray that trust. It honors it in a way that is both moral and lawful,” he wrote.

Kamehameha Schools asserts that its admissions policy prefers applicants of Hawaiian ancestry “to the extent permitted by law.” Applicants claiming Hawaiian ancestry must undergo verification through the school’s Ho‘oulu Verification Services. This preference is framed by school officials and many Native Hawaiian leaders as a necessary remedial measure rooted in the legacy of Bernice Pauahi Bishop. Her will, created in 1883, aimed to counteract the educational and social decline of Hawaiians and to support future generations.

The institution’s endowment was valued at $15.2 billion in 2024, comprising a diverse investment portfolio and substantial commercial real estate holdings throughout Hawaii. In light of the recent challenge from SFFA, Kamehameha Schools expressed its commitment to vigorously defend its admissions policy. In a message to its community, school leaders described the legal push as a pivotal moment, urging alumni and supporters to remain engaged and prepared for a legal battle.

The current challenge is not the first faced by Kamehameha Schools regarding its admissions policy. In 2003, an anonymous student filed a lawsuit claiming discrimination against non-Native Hawaiian students. Although the federal appeals court upheld the policy, the school later settled for $7 million in 2007. Subsequent challenges reached the U.S. Supreme Court in 2011, but justices declined to hear the case, allowing the policy to stand.

Native Hawaiian leaders view the current threat from SFFA as part of a broader campaign against their institutions and self-determination. Jacob Aki, a graduate of Kamehameha Schools, stated, “It’s always been a matter of not if, but when” regarding potential legal challenges. He emphasized that the trust established by Bishop was created under the Hawaiian Kingdom prior to the illegal overthrow of the monarchy in 1893.

The unique nature of Kamehameha Schools, which operates as a private trust with a specific mission to benefit Native Hawaiians, complicates the legal landscape. Aki noted that the institution does not receive federal or state funding, setting it apart from other educational institutions facing similar legal challenges.

Support for Kamehameha Schools extends beyond the Native Hawaiian community. The Office of Hawaiian Affairs expressed its unwavering support, emphasizing the importance of protecting Princess Pauahi’s will and ensuring the self-determination of Native Hawaiians. Kuhio Lewis, CEO of the Hawaiian Council, articulated that the trust was established to create equitable opportunities for Native Hawaiians.

Community leaders argue that the admissions preference is not merely a racial policy but a critical aspect of a political trust relationship. “Hawaiians have a special political trust relationship with America,” Lewis stated. Both he and Aki called for greater public understanding of Hawaiian history and the significance of the school’s admissions policy.

As the situation evolves, Kamehameha Schools has seen support from local lawmakers and community leaders. Recent demonstrations at the state Capitol, led by Senator Kurt Fevella and others, aimed to showcase solidarity with the institution and its mission.

Senator Awa and Representative Diamond Garcia traveled to Virginia in an attempt to meet with Blum, although they did not succeed in securing a direct conversation. They did, however, engage with congressional staff to advocate against the legal challenge. Awa described the admissions policy as essential for the cultural survival of Native Hawaiians, emphasizing the need to preserve their language and traditions.

Supporters of Kamehameha Schools argue that its admissions framework serves as a necessary response to historical inequalities faced by Native Hawaiians. They point to the school’s extensive network of preschools and community programs designed to promote cultural revitalization and educational advancement as evidence of the policy’s importance.

As Kamehameha Schools prepares for a potential legal battle, the institution remains resolute in its commitment to uphold its founder’s vision and continue its mission to uplift Native Hawaiian children through education.

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