Race-Conscious Admissions at Kamehameha Schools Face a New Legal Challenge in Post-Affirmative Action Era

Kamehameha Schools, a $15 billion private educational institution founded by the estate of Bernice Pauahi Bishop, the great-granddaughter of King Kamehameha I, is facing a potential legal challenge to its admissions policy that prioritizes Native Hawaiian students. The policy, which has been in place since 1884, has long been a subject of contention. While it is framed as a means to address historical and educational disparities within the Native Hawaiian community, it has now drawn scrutiny from conservative groups seeking to expand the definition of racial discrimination in education.

The challenge comes from Students for Fair Admissions, a group led by Edward Blum, who previously led the legal efforts that culminated in the U.S. Supreme Court’s 2023 decision to strike down affirmative action policies in college admissions. The group has launched a website vowing to challenge Kamehameha’s admissions policy, arguing that it disproportionately excludes non-Native Hawaiian students. “It is essentially impossible for a non-Native Hawaiian student to be admitted to Kamehameha,” the site states. Blum’s campaign is part of a broader movement to challenge race-conscious policies across education, including scholarships and academic programs.

Kamehameha’s admissions preference for Native Hawaiian students is rooted in its mission to support the Indigenous population of Hawaii, who face higher rates of poverty and incarceration. The school’s trustees assert that the policy is legally defensible, citing past court rulings that have upheld its legitimacy. For instance, in 2006, a 9th Circuit Court of Appeals panel ruled that the admissions preference served a legitimate remedial purpose, addressing socioeconomic and educational imbalances. The school’s supporters, including alumni and local leaders, argue that the policy is essential to preserving Hawaiian cultural identity and providing opportunities to a historically marginalized community.

The admissions policy has previously been challenged in court, most notably in 2005, when a 9th Circuit panel initially ruled against it. However, a subsequent rehearing upheld the policy, allowing it to remain in place. Kamehameha has settled with plaintiffs in the past, including a case involving a white student denied admission in 2003. The school’s response to the new challenge is expected to mirror its previous legal strategy, emphasizing the policy’s alignment with civil rights law and its role in addressing historical injustices.

The controversy has also drawn attention from political figures in Hawaii, including Hawaiian Republican state senator Brenton Awa. Awa, who did not attend Kamehameha, has criticized the campaign as “racist,” noting that it targets a policy designed to empower Native Hawaiian students. He and others have attempted to engage Blum directly, though without success. Awa’s efforts highlight the political and cultural stakes involved in the debate over the school’s admissions policy.

For families like Kona Purdy’s, Kamehameha represents more than just an educational institution—it is a life-changing opportunity. Purdy’s daughter was accepted to the school, prompting the family to move back to Hawaii from Las Vegas in 2021. When housing instability forced them to return to Vegas, they considered leaving her behind to continue her studies. The family returned in 2024, and Purdy expressed hope that the admissions policy would remain intact so his daughter could reapply for high school. His story underscores the personal and educational impact of the school’s policies on the Native Hawaiian community.

Legal experts suggest that the case could hinge on how the court interprets the policy’s race-based nature. Blum’s group is likely to argue that it does not survive strict constitutional scrutiny, while Kamehameha could counter that it represents a classification based on political status, akin to programs supporting Native Americans. The outcome could set a precedent for how race-conscious policies in K-12 education are evaluated in the post-2023 Supreme Court landscape.