Kamehameha Schools Faces Legal Challenge Over Admissions Policy

Kamehameha Schools, a private K-12 educational system established by Princess Bernice Pauahi Bishop, is confronting renewed legal scrutiny regarding its admissions policy that prioritizes students of Hawaiian ancestry. This challenge comes from Students for Fair Admissions (SFFA), an organization known for its campaigns against race-conscious admissions in various U.S. universities. SFFA has launched a website, KamehamehaNotFair.org, to recruit plaintiffs who claim the school’s admissions preference is both “discriminatory” and “unlawful.”

In an op-ed scheduled for publication in the Honolulu Star-Advertiser, SFFA’s founder, Edward Blum, criticized Kamehameha Schools’ policy, asserting that it unjustly excludes qualified students of other races. He cites Section 1981 of the Civil Rights Act of 1866, which prohibits race-based exclusion in private educational institutions. Blum acknowledges the school’s mission to promote Hawaiian language and culture but maintains that racial preferences are neither necessary nor legal.

“SFFA recognizes that Kamehameha was founded out of love for the Hawaiian people and a determination to lift up children in need,” Blum wrote. “Opening admissions to all races does not betray that trust. It honors it in a way that is both moral and lawful.”

Kamehameha Schools has a clear admissions policy that gives preference to applicants of Hawaiian ancestry “to the extent permitted by law.” Applicants claiming Hawaiian heritage must undergo verification through the school’s Ho‘oulu Verification Services. The school asserts that this preference is a remedial measure rooted in the will of Bernice Pauahi Bishop, who established the trust to address the educational and social decline of Hawaiians she witnessed during her lifetime.

With a substantial endowment valued at $15.2 billion as of 2024, Kamehameha Schools operates campuses on Oahu, Maui, and Hawaii Island. In response to SFFA’s campaign, school officials expressed their commitment to defending their admissions policy vigorously, emphasizing its importance in fulfilling Pauahi’s vision.

Historical Context and Legal Challenges

Kamehameha Schools has faced legal challenges previously regarding its admissions policy. In 2003, an anonymous student filed a lawsuit alleging that the school’s preference for Native Hawaiian children was discriminatory. Although a federal appeals court upheld the policy, Kamehameha Schools settled the case for $7 million in 2007. Another challenge reached the U.S. Supreme Court in 2011, but the court declined to hear the case, allowing the school to maintain its admissions framework.

Many Native Hawaiian leaders view the challenge from SFFA as part of a broader pattern of attacks against their institutions. Jacob Aki, a graduate of Kamehameha Schools, remarked, “We’re not surprised. It’s always been a matter of not if, but when.” Aki emphasized that the trust established by Pauahi predates the illegal overthrow of the Hawaiian monarchy in 1893, underscoring the unique legal and historical context surrounding the school.

Aki and other leaders argue that the admissions preference is not merely a racial policy but a necessary measure to reinforce a political trust relationship recognized by the U.S. government. The Office of Hawaiian Affairs has publicly supported Kamehameha Schools, stating that the admissions policy aligns with the mission to uplift Native Hawaiian communities through education.

Community Response and Future Implications

Support for Kamehameha Schools extends beyond the Native Hawaiian community. Attorney Sherry Broder, who has represented various Hawaiian institutions, insists that the case is mischaracterized as a racial issue. She highlighted that Kamehameha Schools operates as a private trust and that Native Hawaiians are recognized as a distinct political class, not merely a racial category.

Broder noted that Kamehameha’s admissions policy is a preference rather than an exclusion, allowing for the acceptance of non-Hawaiian students. She believes the school is in a strong legal position to defend its mission, which is crucial for the community.

Community leaders, including Kuhio Lewis, CEO of the Hawaiian Council, argued that the current challenge threatens Native Hawaiian self-determination. Lewis stated, “This is just an assault on Native Hawaiians.” Both he and Aki emphasized the need for broader public understanding of Hawaiian history to appreciate the significance of Kamehameha Schools’ admissions policy.

In recent days, local lawmakers have rallied to support Kamehameha Schools. State Senator Kurt Fevella and other officials held a sign-waving event at the state Capitol to reaffirm their commitment to Pauahi’s legacy. They have also attempted to engage with Blum in Virginia to persuade him to reconsider the challenge. Although their efforts to meet him directly did not succeed, they sought support from congressional representatives who share concerns about the targeting of Indigenous groups.

As Kamehameha Schools prepares to defend its admissions policy, leaders from across the community are urging continued support. They view this moment as critical not only for the school but for the broader mission of ensuring cultural survival and educational opportunity for Native Hawaiians. The outcome of this legal challenge may have lasting implications for the institution’s future and the community it serves.