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The Honolulu Advertiser

Posted on: Tuesday, November 18, 2003

EDITORIAL
Kamehameha court win just start of story

Yesterday's federal court ruling upholding Kamehameha Schools' Hawaiian "preference" admission policy is far from the end of this story.

Both sides anticipated appeals, no matter which way the ruling went. In fact, it is likely that this case (along with a similar one being heard today before Judge David Ezra) will eventually end up before the U.S. Supreme Court.

That was the pattern in an earlier lawsuit against a Hawaiians-only voting requirement for the Office of Hawaiian Affairs.

In yesterday's case, Judge Alan Kay accepted the argument of Kamehameha Schools lawyers that the preference for Hawaiians was justified because it is designed to address century-old cultural and socio-economic disadvantages facing the Hawaiian people.

Authors of the lawsuit say there may be instances of disadvantages for Hawaiians, but a racially exclusive admission policy is not the way to cure those disadvantages.

Kamehameha Schools is clearly determined to fight this fight as far as it goes. But while that effort goes on, there should be some planning against a day when the admission policy is thrown out. Clearly, the tone in the federal judiciary recently has been very skeptical about any race-based programs.

One option would be to base admission on a relationship to citizens of Hawai'i at a time Princess Bernice Pauahi Bishop wrote her will leaving her lands and fortune to the education of young people and the betterment of poor Hawaiians.

Such a policy would not bar non-Hawaiians, but a large percentage of the applications under such a condition would have some Hawaiian blood.

Another idea suggested is to make Kamehameha Schools a sort of "magnet" school for those students with a particular interest in Hawaiiana, as evidenced by language ability, cultural practices and the like. Again, such a policy would tend to favor Hawaiians.

And finally, the schools might consider putting even more resources into a process already under way: supporting and funding preschool and regular-school operations in communities with large proportions of Hawaiian residents. This effort leverages the estate's vast resources over greater numbers of students.

Clearly, Kamehameha Schools would prefer to continue as it has, with an admission policy that favors young people with at least some Hawaiian blood. And it may be that appeals courts will agree with the idea that this is a benign and acceptable form of affirmative action, designed to offset past wrongs.

But courts could go the other way. Thus it is incumbent on the schools to look at alternative ways in which its resources and expertise can be put to the worthy goal of raising up and improving the lot of the Hawaiian people.