Posted on: Sunday, November 7, 2004

EDITORIAL
Kamehameha must look for a 'Plan B'

It is all but certain the legal challenge to the constitutionality of Kamehameha School's Hawaiians-only "preference" policy will work its way to the U.S. Supreme Court.

Supporters of Kamehameha found some solace in relatively sympathetic questions posed by a three-judge panel of the 9th Circuit Court of Appeals during a hearing on the lawsuit last week in Honolulu.

But that's just a small slice of a much larger picture. First, many judges force themselves to pursue the best defense of the argument they ultimately intend to reject.

And even if the Ninth sides with Kamehameha, the inevitable appeal to the Supreme Court would be doubly difficult. The court has already ruled "against" Hawaiians in a somewhat related case involving the former Hawaiians-only requirement in voting for the Office of Hawaiian Affairs.

While that ruling was narrowly rooted in voting rights law, the court used language that suggested it was doubtful any preference for Hawaiians in any program or endeavor would stand constitutional muster.

And that point of view is likely to become even stronger if President Bush, as expected, has the opportunity to name additional conservative Supreme Court justices in the year or two ahead.

So, while Kamehameha pursues its legal defense of its admissions policy, it should also be working on a "Plan B" for the school that would allow it to live up to its mission under new legal constraints.

We have long felt that Kamehameha serves Hawaiians and the community at large well, and we support its "remedial" mission of providing quality educational opportunities to a group of people who had been denied opportunities and equal access to the benefits of society.

That was, after all, the point of Pauahi Bishop when she wrote her will and bequeathed her estate to the school.

But if the legal system looks at this complex situation purely as a matter of race, there are other alternatives for Kamehameha that would preserve its core mission.

In fact, a shift in that direction has already begun to take place under enlightened policies adopted by the current board of trustees and school administration.

Kamehameha has broadened its approach in a variety of ways. It supports preschools and other early education opportunities in areas that are heavily, but not exclusively, Hawaiian. It is using some of its money to provide scholarships to children of Hawaiian ancestry that could be used at other campuses, an approach that may be less offensive to those who object to race-based admission policies.

And it offers its resources and skills to schools in need where Hawaiians as well as non-Hawaiians equally benefit.

This may be the future for Kamehameha if the legal battle is not resolved in its favor. The school has a vast fortune that can be used in numerous and creative ways to benefit the entire community while continuing to ensure Hawaiians their rightful place in society.