Usually left out of discussions of school desegregation, the historic treatments of American Indians and Native Hawai’ians in the development of schooling in the United States was a corollary of conquest and colonialism. As late as the 1950s, forced assimilation and eradication of indigenous cultures pervaded what was considered the “education” of students in these groups. The social, political, and legal civil rights initiatives surrounding Brown helped to inspire a rights consciousness among Indian and Native Hawai’ian reformers and activists, who embraced the ideal of equal opportunity while reclaiming cultural traditions. Between the 1960s and 2007, complex fights over ethnic classification, separation, integration, and self-determination emerged for both American Indians and Native Hawai’ians. Their struggles, crucial in themselves, also bring to the fore a challenging underlying problem: are distinct individuals or groups the proper unit of analysis and protection in the pursuit of equality? The centrality of the individual to law and culture in the United States tends to mute this question. Yet in this country as well as elsewhere, equal treatment or equal opportunity has two faces: promoting individual development and liberty, regardless of race, culture, religion, gender, or other group-based characteristic, and protection for groups that afford their members meaning and identity. Nowhere is the tension between these two alternatives more apparent than in schooling, which involves socialization of each new generation in the values and expectations of their elders. Will that socialization direct each individual to a common world focused on the academic and social mobility of distinct individuals or will it inculcate traditions and values associated with particular groups? Even in the United States, devoted to inclusive individualism, the Supreme Court rejected a statute requiring students to attend schools run by the government and created exemptions from compulsory school fines when they burdened a group’s practices and hopes for their children. In Pierce v. Society of Sisters, the Court respected the rights of parents to select private schooling in order to inculcate a religious identity or other “additional obligations.”
Resisting Assimilation to the Melting Pot: