"Cruelty is the Point"

On the 21st of April, a deadline passed by which time Maui Preparatory Academy was asked to respond to the ACLU. On the ACLU Hawai'i website, the high school was asked to “rescind” their new anti-transgender policy, as it violates current law that prohibits gender identity discrimination.

From the Maui Prep Handbook, the new policy read as follows: “Maui Prep recognizes biological sex assigned at birth as the basis for determining participation in athletics, overnight stays, and access to facilities such as bathrooms and locker rooms.”

According to a staff attorney at the ACLU, Maui Prep has not responded to, or even acknowledged receipt of the ACLU letter.

Maui Prep continues to receive strong backlash for implementing a policy many say harms students.

“bad parenting”

In September, Tim Hehemann, Maui Prep Board President, proposed that the school would only permit students to wear clothing, enforce bathroom guidelines, and participate in sports teams according to their birth gender.

In their post, the ACLU states that Hehemann described transgender identity as a result of “bad parenting” and as a form of behavioral misconduct.

While these policies will not be implemented until the 2025-2026 school year, many people worry about the emotional harm this may cause to students. It is also important to mention cultural as well as legal incompatibility of such a policy in Hawai'i.

According to the ACLU of Hawai'i, Maui Prep’s policy is in direct defiance of a current law that prohibits gender identity discrimination by any school that receives state funding. Should Maui Prep fail to comply, the funds that the school receives from the State Department of Human Services, the State Department of Education, and allocations from the Emergency Assistance to Non-Public Schools program will most likely be rescinded.

Because of strong backlash from parents and community members, the West Maui school agreed to respect student’s personal pronouns, but will continue to enforce strict bathroom and sports guidelines. 

Hehemann’s plans leaked to the larger community in December. Yet, it had been discussed in private throughout the summer of 2024. 

Once Hehemann and Jim Bozich, a major donor at the school (Maui Prep’s gym is named after Bozich) pushed the policy publically, the school’s nondiscriminatory policy was removed from their website. Board members who opposed it resigned or were forced out. 

“Those māhū’s were our protectors.”

The problem is much larger than the legal battle. The issue of trans rights closely connects to an important social and spiritual identity in Hawaiian culture. 

According to Kumu Hina, a famous Native Hawaiian māhū kumu hula,  the word “māhū” can be used to describe someone who is gay, lesbian, bisexual, or transgender. The tradition was recorded by missionaries when they first arrived in Hawai'i. The word was used to describe a person who embodies both male and female spirit, also known as the gender “in-between”or “third gender.”

Despite the term being used in a derogatory way, the word “māhū” in Hawaiian culture means something important to Hawaiians. Hina explains that māhū were known as caregivers and teachers of ancient traditions, keepers and teachers of hula.

However, when white colonists arrived from Europe and America, they were repulsed by māhū-identifying people, who they interpreted as immoral and unnatural.

A local community member with connections to Maui Prep who we will call Mele, voices her opinion on the cultural aspect and the school’s impact. In terms of culture, Mele states that “growing up here, it is normal even though people may not agree with it.” 

She told a story about growing up with māhū kane nearby, and how “when we were in the bathrooms, they were in the bathrooms with us and keeping the boys out from causing trouble.” “Those māhū’s were our protectors,” she said. 

“It is kind of weird for me to hear them [Maui Prep] say that because I feel like they’re almost ignorant or scared of something they don't know,” added Mele who believes that Hawaiian culture, including the concept of māhū, taught people discipline, respect, and the meaning of ohana. By contrast, she said, American culture lacks discipline and can ultimately lead to disrespect and ignorance.

“I think it’s interesting that a school here in Hawai'i is so happy to ignore the traditional Hawaiian māhū culture that has existed here as long as people have lived here,” said Kumu Kaui Spitalsky who teaches in Lahainluna’s Kaiapuni (Hawaiian immersion) program.

“I suppose I don’t find it very surprising that Maui Prep is the school that would want to ignore Hawaiian culture and exclude those that they don’t agree with," Spitalski continued. "They are a private school. The point of a private school is to exclude the public - to exclude those that don’t fit into their view of the world.” 

Sentiments are similar among students like senior Kaui Wright Smith who proudly claimed her Hawaiian ancestry during our interview. “It's a very harmful way of thinking, this Western concept of homophobia that was brought on by colonization.”

Mina Nagasako also thinks that “This organization is making a decision that excludes a whole group of people and others should know what this organization is doing.” 

While Maui Prep often integrates parts of Hawaiian culture on campus, Mele noted their tendency of “picking and choosing bits and pieces [...] that they want to incorporate at their school, which does not sit well with me right now.”

“Māhū was a very important value,” Nagasako said. “To exclude that and continue to use Hawaiian language terms in your school is so disrespectful.”

“cruelty is the entire point”

Many Lahainaluna students seem to understand this point, though they may not speak about māhū culture directly. “This being a policy in Hawaii honestly makes us look bad knowing that we’re LGBTQ+ friendly,” says Annika Yu-Cua.

Similarly, freshman Ako Peralta thinks that the policy "might be really unfair on their students" and that all this does is make people “feel like they dont belong there.”  “We shouldnt be excluding people just because they’re part of the community.”

Similarly, as an anonymous freshman noted, the policy “disregard[s] a whole demographic of students.”

The school is “wrong in a multitude of ways,” says history teacher Sara Eubank. “It seems like they [Maui Prep] realize that trans and gender nonconforming people exist and they would rather reject and discriminate against them instead of accepting a child for who they are.”

If anything, she suggests, the policy will only promote the “internalization of transphobia,” which “causes a lot of harm that can possibly last for years to come if not addressed.” Therefore, Eubank concludes,  “It’s an attempt to force people to be ashamed of who they are and to bully them into conforming. The cruelty is the point.”

“It is not a step in the direction that fosters acceptance.” says Biology teacher Arica Lynn. She agrees and notes that “these policies do not support a positive learning environment for our student population.”

“If a student feels uncomfortable in their surroundings they won’t be willing to learn,” adds sophomore Jaylee Vierra.

“I have friends and family that align themselves with the community and it harms their sense of self,” says Senior Kayla Mabalot. 

Freshman Elijah Cabanilla agrees. “People should also be aware that this hurts the student’s mental health because they can’t get the help they need at school.”

“...they can do what they want…”

In the spring of 2024, it is possible that Maui Prep approached the MIL asking if  they could withdraw from competition with MIL teams with transgender participants. Yet, this cannot be proven and no one is able to confirm this story.

Yet, Carosso confirmed that the MIL informed Maui Prep that they cannot withdraw from competition against an MIL team because of their transgender participants. This is due to the MIL’s responsibility of coordinating game and travel schedules.

In this one case, said Athletic Director Jonathan Conrad, “They're basically in a situation where they [Maui Prep] need to conform.” Yet, as it is with their general trans policy, “they’re a private school and they can do what they want.”

“If they [Maui Prep] are actively violating an MIL policy,” added Conrad, “then they’re not allowed to play.”

Richard Carosso added that “we don't have the right to change their [Maui Prep's] policy.” But “if you [Maui Prep] want to play with us, you have to accept MIL rules.”

“Fractures that feeling of ohana”

A letter sent to all Maui Prep faculty memebers by a concerned Maui Prep parent pointed out that faculty members who have been a part of the community for years will not be returning next school year because of the new policy. 

According to the letter that Ka Lama obtained from an anoynymous source, Maui Prep’s college counselor, all four preschool teachers, and 17 teachers and faculty, will not be returning next year due to the Administration’s recent mistreatment.

Concerned with how alienating and firing teachers will ultimately benefit their children, the parent group also claimed that the school lacks transparency. They criticised the school for failing to explain the changes.

Former teacher Vashti Daise was reportedly fired for openly defying the anti-transgender policy. She had emailed faculty and staff stating that “if we are going to enact a discriminatory policy against trans children or any kind of children, I would no longer be able to stay at the school.” 

Sometime after her email, she told Maui News Now, she was called into the office, where staff informed her that “it was time for us to part ways.” Maui Prep’s administration informed the Maui News that they would not comment on Daise’s unemployment.

“This policy has literally fractured that feeling of ohana,” Daise continued. “People are really experiencing low morale and fear.”

Carosso says he doesn’t think that an anti-trans policy is “in the best interest of educating kids academically and emotionally. We need to always lean in with aloha and acceptance first [...] and I don't think this policy reflects that.”

“The trend of us becoming a kinder, gentler world continues to progress,” Carosso added. “To some extent, this policy is a step back.”

While some in the present may not agree with it, said Mele about the long-lived presence of māhū culture in Hawai’i, “we are always accepting. If you don’t like it, maybe you shouldn’t be here.”