Honolulu, HI - Senators Daniel Inouye and Daniel Akaka, and Representatives Neil Abercrombie and Ed Case today filed an amicus (friend of the court) brief in support of Kamehameha Schools' request to the 9th Circuit Court of Appeals for en banc review in the case of Doe v Kamehameha Schools. The Hawaii Congressional Delegation respectfully sets forth the argument that the Congress has systematically expressed its intent and recognition that private organizations, such as Kamehameha Schools, fulfill an important role in remedying the continuing educational imbalances faced by Native Hawaiian children, and that such actions do not violate any congressional enactments including Section 42 U.S.C. § 1981, which prohibits discrimination based on race.

In fact, the myriad of Congressional statutes supporting programs for the well being of Native Hawaiians demonstrates an acknowledged special legal and political relationship between Hawaii's indigenous peoples and the United States.

The brief states, in part:

"The Hawaii Congressional Delegation respectfully submits that this congressional scheme of statutes and programs enacted for the betterment of conditions of Native Hawaiians, and the recognition of the role of private Native Hawaiian organizations providing similar benefits and services, does not violate any congressional enactments, including § 1981.

The Hawaii Congressional Delegation therefore urges this Court to grant Appellees' petition for rehearing en banc and reverse the panel majority's decision."