A close reading of the will reveals potential stumbling blocks for the current admission policy.
First and foremost, the will requires that "preference" be given to "Hawaiians of pure or part aboriginal blood." It does not mandate that those of other races be excluded.
Secondly, the will calls for the "support and education of orphans, and others in indigent circumstances." It can, and will, be argued, that many of the current Hawaiian students are neither "orphans" nor "indigent" and that once preference is given to students of Hawaiian blood who are indeed "orphans" and "indigent," children of other non-Hawaiian residents who do fit this criteria should be considered before all others.
Furthermore, the requirement that "the teachers of said schools shall forever be persons of the Protestant religion" could also possible call into question the enforceability of the will under current federal discrimination in hiring standards.
It's easy to look at this situation and say that the trustees should be permitted to maintain any admission policy that they feel is both appropriate and in compliance with the Princess's wishes as expressed in her will. After all, this is a private school which accepts no government funds. One should be entitled to bequeath their money in any way that they see fit.
Unfortunately, however, there are other further complicating factors which could ultimately force a change in the admission policy.
First, there is precedent for a court ordered change in policy in a virtually identical situation.
In 1831 wealthy Philadelphian Stephen Girard died. Wishing that his fortune continue to benefit not only his immediate family and friends, but also others of his race, he allocated in a legally executed will, millions of dollars to build and operate a boarding school. Specifically he stated: "I am particularly desirous to provide for such a number of poor male white orphan children," A trust was set up for this purpose and Girard College was thus founded in Philadelphia.
Litigation challenging the will began in the 1950's. Ultimately, in 1968, by order of the U.S. Supreme Court, Stephen Girard's will was amended to strike the "poor, white, male orphan" provision, citing the 14th Amendment to the U.S. Constitution which prohibits discrimination.
The end result is that in the year 2003, the majority of students at Girard College are black.
Further complicating the matter is the 2000 U.S. Supreme Court decision in the matter of Rice vs. Cayetano which struck down Hawaii's practice of letting only people with Hawaiian blood vote for Office of Hawaiian Affairs trustees. The justices ruled by a 7-2 vote that the voting restriction allows unlawful racial discrimination. "A state may not deny or abridge the right to vote on account of race, and this law does so," Justice Anthony M. Kennedy wrote for the court.
