A $1.5 million state grant to Damien Memorial School, a private sectarian school, is unconstitutional and may be withheld, state attorneys say.
The funding —approved by the Legislature this year as a grant-in-aid included in the state budget — is under review by the Governor’s Office.
After questions were raised last month, Senate President Donna Mercado Kim (D, Kalihi Valley-Moanalua-Halawa) asked the state attorney general’s office about the grant’s legality.
Randall S. Nishiyama, deputy attorney general, in a memo to Kim dated Sept. 3, said the grant violates Article X, Section 1, of the state Constitution, which "prohibits public funds from being appropriated for the support or benefit of any sectarian or nonsectarian private educational institution."
"Consequently, this grant violates Article X, Section 1, of the Hawaii State Constitution," he said.
Bernard Ho, Damien president, said Thursday that school officials were still gathering information on the attorney general’s memo and the potential loss of funds.
"We really haven’t discussed it internally yet," Ho said.
Damien is in the midst of raising $12 million for its campus master plan, which will include upgrades or new construction for classrooms, offices, athletic facilities and a conference room. The school is more than halfway to its goal, according to its website.
Among those who first questioned the grant was Carolyn Golojuch, an advocate for marriage equality who raised the issue in an email letter to Gov. Neil Abercrombie on Aug. 28.
The state budget was approved unanimously by the House and Senate.
Grants-in-aid typically are reviewed by the different state agencies that expend the funds and can be withheld by the Governor’s Office if they are determined to be inappropriate or fiscally irresponsible.
