Appellate Ruling Bars Hawaiian Only Admissions policy - Beyond Tiki

C christiki295 Member LA-2547 mls east Hawaii &5500 Easter Is Joined: Apr 09, 2003 Posts: 3837	C christiki295 Posted posted on Sun, Aug 7, 2005 12:18 PM The Court repeatedly used the phrase, "absolute bar" to admissions by non-Hawaiians. In my opinion, it allowed the inference that if the K-schools admit, say, 20% non-Hawaiians, it might by okay. The Court distinguished Hawaiians from Native American tribes in two ways, holding that Congress has not always linked the two and, on occasion, has specifically excluded native-Hawaiians groups from the laws benefiting Native-Americans. Congress also defines certain tribes recognized by the federal government as political entities, as opposed to a racial category of all Native Americans. The Court also repeated law that the anti-discrimination statutes apply to non-governmental entities as well as public entities. Therefore, the anti-discrimination statutes are applicable to KS, regardless of whether it receives federal funding (which, as Sabu pointed out, it does not.)

The Court repeatedly used the phrase, "absolute bar" to admissions by non-Hawaiians. In my opinion, it allowed the inference that if the K-schools admit, say, 20% non-Hawaiians, it might by okay.

The Court distinguished Hawaiians from Native American tribes in two ways, holding that Congress has not always linked the two and, on occasion, has specifically excluded native-Hawaiians groups from the laws benefiting Native-Americans.

Congress also defines certain tribes recognized by the federal government as political entities, as opposed to a racial category of all Native Americans.

The Court also repeated law that the anti-discrimination statutes apply to non-governmental entities as well as public entities. Therefore, the anti-discrimination statutes are applicable to KS, regardless of whether it receives federal funding (which, as Sabu pointed out, it does not.)

Post #177901 by christiki295 on Sun, Aug 7, 2005 12:18 PM