" ENGLISH ONLY"

[Nemont]

Mattk,
You keep talking about an official National Language. That is not the case here. I am not advocating a national language but I have no problem with the State of Arizona printing things in english only.

In addition there are Supreme Court Decisions that support the legality of english only. In Alexander v. Sandoval this issue was if the state of Alabama recieved federal money were they required to provide driving tests in the native language of the person seeking the license.

Title: Alexander v. Sandoval
US Citation: 532 U.S. 275 (2001)
Docket: 99-1908
Events: Argued - January 16, 2001
Decided - April 24, 2001

Subjects: Judicial Power: Standing to Sue, Private or Implied Cause of Action
Facts: Because it is a recipient of federal financial assistance, the Alabama Department of Public Safety (Department) is subject to Title VI of the Civil Rights Act of 1964. Section 601 of Title VI prohibits discrimination based on race, color, or national origin. Under section 602, the Department of Justice issued a regulation forbidding funding recipients to utilize criteria or administrative methods having the effect of subjecting individuals to discrimination based on the prohibited grounds. Martha Sandoval brought a class action suit to enjoin the Department from administering state driver's license examinations only in English. Sandoval argued that the English-only policy violated the DOJ regulation because it had the effect of subjecting non-English speakers to discrimination based on their national origin. Ordering the Department to accommodate non-English speakers, the District Court enjoined the policy. The Court of Appeals affirmed. James Alexander, the Director of the Department, unsuccessfully argued before both courts that Title VI did not provide a cause of action to enforce the regulation.

Question Presented: Does Title VI of the Civil Rights Act of 1964 provide a cause of action to enforce the Department of Justice's regulation forbidding federal financial assistance recipients to utilize criteria or administrative methods that have the effect of subjecting individuals to discrimination based on race, color, or national origin?

Conclusion: No. In a 5-4 opinion delivered by Justice Antonin Scalia, the Court held that there is no private right of action to enforce disparate-impact regulations promulgated under Title VI. "Title VI itself directly reaches only instances of intentional discrimination," wrote Justice Scalia, "[n]either as originally enacted nor as later amended does Title VI display an intent to create a freestanding private right of action to enforce regulations promulgated under [section 602]." Justice John Paul Stevens filed a dissenting opinion, which was join by Justices David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer.

http://www.cfau.org/sandoval/summary.htm





Nemont

 

[MattK]

Nemont- There has also been litigation of English only in the courts that has lost. "As a Ninth Circuit Court of Appeals noted in recently striking down the Arizona State English Only mandate, the use of a language other than English can make it easier to serve taxpayers. In the Arizona case, a bilingual state employee found it easier, quicker, and less expensive to collect medical malpractice information from claimants who were more comfortable conversing in Spanish."

Again as I noted before...

If a state wishes to only print documents in one language, the individual agencies should do so without a law stating this. They would still be within their legal rights to do so. Whenever a law is created to mandate this, problems do occur. It can then be put before the courts and scrutinized by civil rights lawyers, which (with AZ luck) will create a situation where all documents will have to be printed in many different languages. Didn't AZ just lose its butt with the USO.

Clearly, your example states that a driving examination can be given in English and does not have to accomodate others. However, there is also no law stating it will ONLY BE IN ENGLISH. The difference being there is NO MANDATED effort to create english only. It seems a small bridge between the two but according to everything I have read it is a grand canyon of a difference.

 

[Nemont]

Actually the Alabama Law mandated English only on things like drivers tests. In fact for two decades prior to the 1991 enactment of the Enlish only law, Alabama offered nearly all state documents and tests in multiple languages.

The court held that this is acceptable. There is not inherent right to have documents printed in your native language and if the state, by law, mandates English then that is acceptable.

We are digressing into an area that is best left up to the attorney's but I will restate my orginal questions that you have not answered.

1. What would have happened if immigrants from other countries ie northern europe, etc, had insisted on keeping their native tongues and not learning english? Why should hispanics be any different? If they want to enjoy the fruits of their labors in a new country learn the language. I had to learn to be conversationally fluent in German when I lived there.

2. Who is disenfranchised? The naturalized citizens already had to demonstrate at least a working knowledge of english when they became citizens.

3. Nobody is saying create a national language and make it english. It is state law and 24 other states already have a similar law in place.

As for USO and Arizona I don't what that has to do with speaking english but that whole thing is going to come and bite us, in Montana, in the ass.

Nemont

 

[MattK]

Nemont- 1) When the articles of the confederation were signed, they had been printed in two languages...throughout history there have been many times congress has stated "The Babel" argument. It has been shut down everytime. 97% of the people in the US speak english/american. Knowing English helps individual attain a better lifestyle with that I have no doubt. To say the US is great because of our language doesn't make sense. I believe the US is great because of certain principles we all hold sacred. This nation has remained strong and united because we share a common set of ideals and values based on the political traditions of freedom, democracy, equality and tolerance. There wer over 20 languages in the United States when the revolution occurred and also when the constitution was created.
2) I've already stated that in pure terms it would not disallow any one to vote. The US election does have bilingual balloting. (Sorry, Not supposed to talk about National Language)
3) Arizona has already had an English Only law shot down in the 9th circuit court which was upheld by the Supreme Court and 2 lower court of appeals. Doesn't seem AZ has had much luck in the Court System. There are other states that have "English only" legislation, some are in the courts, some have been shot down, while others hold litigation constantly. If I were to spend my dollar and time on a pamphlet or attorney fees, I know where my money would go.

I've answered your questions as best I can. Please answer one of mine. One question that has yet to be answered by anyone who wants "English Only" is WHY? What would it accomplish? I guess if there were a reason (other than double printing), I may understand it a little better.

 

[Nemont]

First off I didn't say America was great simply because of speaking English. My point is Hispanics should embrace english as a way to get ahead just like nearly every other ethnic group that came to America.

I don't know who or why they push for English only. I think one thing is that the crime wave that comes along with illegal immigration from Mexico has frustrated people and some see english only as one way to make the illegals less comfortable here. It won't solve the problem of course but it could be viewed as a start.

I don't believe speaking english grants you anymore or less rights unders our constitution. I also don't believe that illegal aliens should be catered to. Of course nothing will happen as long as President Bush and others do things like have amnesty programs.

The illegals should not be allowed to collect on dime of taxpayer money for anything no drivers license, no food stamps, no social services period. Employers who employ illegals should be heavily fined and prosecuted. Illegals caught more then twice should be flown to the southern most region of Mexico and dropped off. If they come back then prison would be there fate. If they are naturalized American Citizens then they are entitled to the benefits.

Nemont

 

[MattK]

Nemont- At least we agree, I can't find a "reason", I guess that's why I'm against it. You bring up illegal immigrants...We can agree on that also. Illegal immigrants shouldn't get anything, including jobs (didn't see it on your list). I really don't think (personally) that having only English will curb in any way illegals coming into AZ or the US for that matter. I agree with you on George Bush also. I really don't like him anyways.

I guess if the people of AZ feel all warm, fuzzy and secure at night by having English Only, I certainly can't stop them. It seems to me that any argument for English Only seems ridiculous. It really accomplishes nothing and creates a lot of tension and lawsuits.

I find it funny that in Montana (just got on their website), I can get tax laws printed in Spanish. I can also get fishing and hunting regulations. I guess that's part of my confusion. To say it is available would work just as well and make everyone a lot happier (even if it wasn't initially printed in Spanish).

 

[cjcj]

Matt until you have seen or lived in AZ then you really don`t have a clue as to what the problems are. Its all about "forcing" the state to "Enforce" the law.. [prop 200] does just that. And it has survived 5 challenges in court, and is now an "official" law signed by the governor a few weeks ago......English only is a STATE law if passed....and since you are in Montana.. it will not pertain to you...Nemont has pretty much covered it all [english only]....Millions of dollars in "taxpayers" money will be saved [thats enough for most people] you seem to be "all over" the place when you discuss this subject,,,,but your entitled to your opinion... and so are the people of AZ...