Makana Eyre: We Deserve To Know Who’s Challenging Kamehameha Schools’ Policy
The ongoing legal battles over Kamehameha Schools' admissions policy have sparked intense debates, and transparency is key to understanding the complexities of these cases.
Since the early 2000s, lawsuits challenging Kamehameha Schools' admissions policy have periodically landed in court, causing a stir in the community. Each lawsuit follows a familiar pattern: a set of arguments, a robust defense from the school, and heightened tensions among the community.
I vividly recall the first three attempts to challenge the policy. As a resident of a community where this issue was widely discussed, I witnessed the initial lawsuit in 2003, which sparked anxious conversations among my family, including my father, a Hawaiian language teacher at Kamehameha's Kapālama campus, and my grandfather.
While the plaintiffs, their lawyers, and the media covering the story change over time, the underlying impact remains. Each lawsuit brings up fundamental and long-standing aspects of Hawaiʻi's identity, making it a contentious issue.
The recent lawsuit filed by the Virginia-based Students for Fair Admissions (SFFA) in October, echoing previous arguments, stands out as an escalation. The national political climate, with its increased radicalism, polarization, and acuteness, has fueled SFFA's victories against Harvard and the University of North Carolina at Chapel Hill. This has given them a powerful and sustained advantage.
The lawsuit against Kamehameha Schools now appears more threatening and consequential than previous attempts. Civil Beat reporter Blaze Lovell highlighted the intense backlash faced by the plaintiffs, leading them to seek anonymity. The lawyers for Kamehameha Schools objected, emphasizing the need for transparency to prepare a robust defense, especially for the minor plaintiff who will soon turn 18.
This argument resonates with me. Given the gravity of the situation and the potential impact of an SFFA victory on Hawaiʻi and its native Hawaiian children and adolescents, transparency is essential. The public has a right to know who is challenging a policy deeply rooted in our history and civic life.
Before delving into my perspective, I acknowledge my empathy for the plaintiffs' concerns. As a journalist, I understand the challenges of being hounded and harassed, and the publication of personal information without consent can be traumatic. No one deserves such treatment, and our community should strive to avoid such ugliness.
However, I believe it's crucial to question whether the plaintiffs' request for anonymity, an unusual exception in litigation, outweighs our right to know their identities. Despite the circumstances, I argue that transparency is essential.
I am not a legal expert, but I rely on the decisions of federal judges. In 2008, the plaintiffs in a similar lawsuit against Kamehameha Schools' admissions policy sought anonymity from the U.S. District Court for Hawaii, but their request was denied. They then appealed to the 9th U.S. Circuit Court of Appeals in San Francisco, which upheld the lower court's decision, emphasizing the public's interest in open courts.
The 9th Circuit's affirmation of open courts is significant, especially in the context of the current SFFA lawsuit. There is evidence of activist attorneys or groups supporting previous cases, but they seemed more grounded in Hawaiʻi. The SFFA's case, however, is linked to national political forces and the MAGA movement's efforts to dismantle diversity programs.
Additionally, the IRS's politicization poses a threat to Kamehameha Schools' tax-exempt status, which could lead to financial repercussions. These factors elevate the stakes and make transparency even more critical.
In conclusion, openness in this matter is not cruel; it is a standard practice in litigation and essential for a fair and transparent process. While it may be a heavy burden for the plaintiffs, it is a necessary step to ensure a just outcome. The high stakes and potential consequences make it imperative to bring this issue into the light.
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