Proponents of Official English policies, as they are termed in brief, argue that English has been the dominant language for the better part of this century and should be made the official language in order to simplify government processes. Many feel that by accommodating non-English speakers, one is performing a disservice to them by discouraging assimilation. While these individuals state that speaking a language other than English may be beneficial and do not discourage its use in the home, church or private place of business, they do not feel that the government should have to ensure that these individuals are able to participate in our government through their native tongue (Sen. Richard Selby 1996). This movement is primarily being headed by members of the Republican party, as well as organizations such as U.S. English and English First. U.S. English is a national, non-partisan, non-profit citizens' group whose mission is to preserve the role of the English language in the United States and make it the official language of the government, thereby encouraging immigrants to learn English (U.S. English). The organization known as English First considers itself to be a national, non-profit grassroots lobbying organization whose goals include making English the official language of the United States, eliminating ineffective multilingual policies, and giving every child the opportunity to learn English (English First).
Opponents of Official English policies argue that this type of legislation is unconstitutional. Restricting federal and state employees from communicating with individuals, especially immigrants, in a language other than English violates the first amendment according to these opponents. It also restricts the government's ability to communicate with all its citizens and prevents many from voting, thereby going against the principle of a democracy, the very essence and foundation this country was built upon. Opponents also fear that this type of legislation will lead to ethnic and racial intolerance, and confirm to non-native English speakers that they are second class citizens in the eyes of the government of the United States (ACLU). As may be expected, many Democrats (including the Clinton administration) have tended to lobby against Official English policies along with other organizations such as the ACLU, various pro-bilingual associations, minority based non-profits groups as well as the National Education Association.
In the 1920's the world was experiencing it's first official war, and an anti-German sentiment became more popular in the United States as a result. It was because of this sentiment that 20 Midwestern states created legislation that prevented any type of instruction in German. Accordingly, legislation was passed that made English the official language of Nebraska with the enactment of the Nebraska Act of 1921 (National Education Association). This particular decision however, was shortly overturned in 1923 by the U.S. Supreme Court in the case of Meyer v. Nebraska. The Supreme Court overruled the restrictive act by stating that, "The protection of the Constitution extends to all; to those who speak other languages as well as those born with English on the tongue" (National Education Association). The 1974 Supreme Court case of Lau v. Nichols, concerning the failure of the San Francisco school system in providing English language instruction to Chinese immigrants, also exemplified the courts sentiment when they "ruled that instruction solely in English deprives students of an understanding of the curriculum and of an equal opportunity in education" (National Education Association).
As stated previously, 23 states have declared English as their official language. One such state (Arizona) was the battleground for the Supreme Court case, Arizonans For Official English et al. v. Arizona et al, No. 95-974 (Cornell Law). In 1988 a referendum was passed amending the state constitution by not only designating English as the official language of Arizona, but also deeming it the official language of all state forms, ballots, and schools. Exceptions were made for emergency and law-enforcement situations, as well as foreign language instruction in schools. According to the New York Times, the amendment, known as Article 28 was challenged by Maria Yñiquez - a state employee who filed medical malpractice claims (Greenhouse 1996). Ms. Yñiquez claimed that Article 28 prevented her from assisting Spanish-speaking residents, and thus violated her right to free speech as well as Title VI of the Civil Rights Act of 1964 (Cornell Law). The Federal District Court sided with Ms. Yñiquez by mandating that the amendment indeed violated the free speech of government workers as protected by the Constitution (Greenhouse 1996).
The Governor of Arizona did not appeal the rulings, although a private group known as Arizonans for Official English (AOE) decided to take over the case. Immediately following the appeal with AOE, Ms. Yñiguez resigned from her position as a state employee to work in the private sector. The State Attorney General notified the 9th Circuit Court of Ms. Yñiguez's status and suggested the case be declared moot. The court disagreed and in a 6-to-5 ruling, the 9th U.S. Circuit Court of Appeals found the Arizona law to violate free speech and ruled that a person's choice of language is a right to speech, " 'Speech in any language is still speech, and the decision to speak in another language is a decision involving speech alone,' Judge Stephen Reinhardt wrote for the majority" (First Amendment News 1996). The group Arizonans for Official English refuted the decision and appealed to the Supreme Court (Arizonans for Official English v. Arizona, No. 95-974). The Supreme Court agreed to review the case, and on March 3, 1997 delivered a verdict. The Supreme Court ruled that the case in question was indeed moot because Ms. Yñiguez no longer satisfied the case requirements. Therefore, the 9th Circuit's ruling was annulled and the case was sent back to the Federal District Court, where it was to be dismissed. In the end, the Supreme Court in no way expressed a view on the constitutionality of Article 28 (Cornell Law).
Another issue of concern for these proponents, is the amount of money being spent on multi-lingual documents. With the U.S. Census Bureau recording over 300 languages spoken in American homes, who decides the languages that documents are translated into, and how is this decision made? At what point is the line drawn? Proponents of Official English laws feel that translating government documents, even into just a handful of additional languages is inefficient and an unnecessary cost. For example, according to the New York Times, in 1994 the IRS translated 500,000 income tax forms into Spanish. The project cost an estimated $113,000 and only 718 forms were returned (Schmitt 1996). Funds spent on these services should alternatively be utilized toward providing English instruction for immigrants. Doing so would simplify government operations and provide for a common means of communication. "Official English legislation recognizes the need for common sense exceptions permitting the use of other languages for emergency, safety and health services; criminal judicial proceedings; foreign language instruction and tourism promotion. It does not affect the languages spoken in private businesses, religious services or private conversations" (U.S. English).
The most emotional argument that proponents of Official English legislation will debate, is the idea of unity. The United States has always been referred to as a "melting pot", a place where individuals of all different cultures come together. Although our roots may be diverse, we unite because we are American. One of the bonds that strengthens this unity is our language, English. There are eighty countries around the world with one official language and as a 'leading nation' the United States should be able to come forward as one nation, one people under one language (House of Representatives 1996).
Aside from the fact that the government of the United States would potentially be isolating themselves from millions of people, individuals oppose English Only laws because they feel these laws do little if anything to aid non-English speakers become integrated into American society. The importance of English is obviously known if 97% of the population is proficient in the language. Opponents argue that Congress need not establish legislation in order to teach others the importance of the language (ACLU 1995). Studies show that more individuals in this country are learning English at a faster rate than previous generations. Lauren Owen, an associate of St. Olaf College stated that, "A report by the National Education Association noted that there were nearly 66,000 immigrants in Los Angeles and New York City alone on waiting lists for adult English classes. The demand for English as a Second Language (ESL) has become so great, that there are schools that operate 24 hours a day to accommodate interested students" (Owen).
In order to successfully compete on the international market, it is important for individuals to acquire foreign language skills. This idea is inconsistent with the Official English laws that have been proposed. Foreign language skills should be fostered and taught in addition to the English language. From this standpoint stems two additional concerns. The first is that by forging resistance to languages other than English, English Only legislation undermines the country's commitment to the development of bilingual education programs. This is a right that is protected by law under the Bilingual Education Act (Title VII) which was launched in 1968 (English First). The other major concern is the lack of support for those individuals who belong to US territories and are non-English speakers but would be affected by such legislation, as well as the indigenous people of this country who are really the first Americans. Official English legislation would repeal the minor protection that exists for these people (i.e. the Native American Languages Act of 1992 [P.L. 102524]), not to mention the fact that historically, these languages preceded the use of English (Owen). "English-only laws would also forbid official use of American Sign Language, preventing government communication with the hard of hearing" (Intercultural Development Research Association).
The question then that opponents of this legislation pose to the proponents, is that if the United States government has thrived without such a declaration of an official language for the past two hundred years, why is there a need to do so now? The very fact that the United States is a "melting pot" should confirm to all a sense of inclusiveness. More importantly however, is that what binds us together as a nation is not so much our language, but our freedoms and ideals (Schmitt).
H.R. 123 - Bill Emerson English Language Empowerment Act of 1997 (Introduced in eh House). This bill seeks to amend title 4 of the United States Code, and declare English the official language of our Government. It seeks to preserve the role of the English language and enable immigrants to better assimilate into American society. Although it mandates the Federal Government to conduct it's official business in English, it does not promote the denial of services to any individual, nor does it prohibit Federal employees from orally communicating with others in a language other than English. H.R. 123 also requests that any monetary savings that are incurred as a direct result of this bill should be used toward the teaching of English to non-English speakers. If this bill were to pass, it is the administrative aspect of the Federal Government that would be most affected. Because, although government forms, publications, and all remaining documents or policies will be created in English, this legislation would not affect matter of national security, international relations, the public health and/or safety, activities related to the Census Bureau, protection concerning victims of crime, art, or phrases of other languages
H. R. 622 - Declaration of Official Language Act of 1997 (Introduced in the House). This bill, similar to H. R. 123, seeks to amend title 4 of the United States Code by declaring English the official language of the Federal Government. H. R. 622 although, is not as appeasing to non-English speakers. Not only would English be the official language of our Government, but English language proficiency would be enforced for applicants considering citizenship. In the event this bill were to pass, this legislation would also repeal bilingual voting requirements from the Voting Rights Act of 1965. As such, specified jurisdictions would no longer be mandated to provide bilingual ballots and election material.
H. J. RES. 37 - Proposing an amendment to the Constitution of the United States establishing English as the official language of the United States (Introduced in the House). This appears to be the most serious of bills as it seeks to amend on of the founding documents of this nation. However, it is not as detailed as the proposed legislation's mention above. H. J. RES. 37 declares English as the official language of the United States, thereby making it the language of use for all official acts, documents, elections or judicial proceedings of the Government. This bill may be left up to interpretation as Section 2 stipulates that "Congress and the States shall enforce this article by appropriate legislation." There is also a symbolic difference between this bill and the previous two proposed legislations. Previous bills declare English the official language of the Federal Government, and acknowledge non-English speakers. This proposal on the other hand, declares English the official language of the United States. This is a fundamental difference that says a lot about the role English is intended to play in our society.
Aside from these specific proposals, there is an alternative proposal that empowers opponents of English Only legislation. H. Con. Res. 4 - Entitled the 'English Plus Resolution' was introduced into the House of Representatives. It acknowledges the importance of English in our society, yet deems that declaring an official language goes against cultural diversity, and jeopardizes individuals by denying non-English speakers services in their native languages. This bill also takes note of the fact that being multilingual is a vital skill that is necessary to compete on the international market. Within this legislation, the House also declares that it shall pursue policies that encourage residents to become proficient in the English language as well as make an effort to preserve foreign languages, especially those becoming extinct and indigenous to this country.
The creation of the 'English Plus' legislation as defined earlier, appears to be a step in the right direction by establishing a compromise. This policy clearly outlines what it intends to pursue. A significant problem that exists, and was exemplified when analyzing the public opinion data, was the fact that the general public is not aware of the ramifications of English Only legislation. As was seen earlier, if a significant percentage of individuals believe this type of legislation should exist, and also believe that bilingual ballots should be used when necessary, as well as the implementation of bilingual education, a compromise needs to be reached. Elected officials must remember who they represent, and who allowed them to be in their position. As such, the question of whether or not the United States needs an official language can only be answered if and when the general public is fully informed on the situation, and the consequences of such action.
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