Utah
On March 5, 2001 Utah's Third Judicial District Court in
Salt Lake City upheld Initiative A which makes English the official language
of Utah state government.
Finding that Initiative A is "descriptive rather than proscriptive,
prohibitive of nothing," Judge Nehring upheld Utah's official English law
against challenges by the ACLU and other groups claiming that the law
violates the free speech, due process and equal protection rights of
Utah's ethnic minorities. Judge Nehring held that a statutory requirement
that the government perform its duties in English neither infringes the
speech of governmental employees nor discriminates against any class of
persons. Nehring further found that, at best, any infringement of the
speech of Utah's citizens "is a derivative one," and in any event cannot
be deemed discriminatory because of the clear exceptions that Initiative A
provides.
Nehring's decision rests primarily on the fact that complainants
challenged Initiative A facially on the grounds that the law is overly
broad and therefore violative of the constitution. Such a challenge, he
reasoned, "confronts long odds," because it requires complainants to
demonstrate that the law is unconstitutional under any set of facts.
Using a textual reading of the statute, Judge Nehring found that this
burden cannot be satisfied because Initiative A's application is, in the
main, "clearly symbolic and of no constitutional consequence." In
addition, the law's declaration that English is "the sole language of
government" is not inconsistent with any provision of the Utah
Constitution or the United States Constitution, as its clear intent is
that only "official" proceedings and documents -- a common sense
distinction -- shall be in English. Where non-English speakers require
access to government, Judge Nehring found that the six (6) exceptions
provided in Initiative A ensure that the rights of all Utahns to petition
the government and to seek governmental services are not abridged.
Finally, Judge Nehring concluded that the savings clause included in
Initiative A, which preserves all rights guaranteed by the Utah
Constitution and United States Constitution, provides "reaffirmation of
constitutional guarantees of speech" and only underscores his conclusion
that nothing in Initiative A was intended to, nor in practice will,
restrict the free speech of any Utah citizen or violate his or her rights to
due process and equal protection.
Oklahoma Supreme Court
On September 21, 2000, Senator Carol Martin
submitted a motion to the Oklahoma Supreme Court, requesting an accelerated
briefing schedule for any and all challenges to the Oklahoma Official English
initiative petition for the November 2000 ballot. More than 100,000 citizens
of Oklahoma signed petitions sponsored by Oklahoma State Senator Carol Martin
to make English the official language of their state, sending a clear message
of support that we hope will be heard well in the Oklahoma statehouse. We at
U.S.ENGLISH are proud to have been a part of Senator Martin's successful efforts
to glean public support for making English the official language.
U.S. English continues to support Senator Martin in her
efforts to keep that ballot initiative from
being derailed by opponents of Official English.
Alaska Supreme Court
On Election Day of 1998, Alaskans
passed a statewide official English initiative with 69 percent
voting in favor. However, the Alaskan Civil Liberties Union (ACLU)
and others challenged the law before it was scheduled to take effect
in March 1999. It has been on hold ever since.
Current official English legislation in Alaska does not prevent
the use of Native American languages by tribal governments and
other autonomous Native American communities, such as Alaska Native
villages. Because this law declares English as the common language,
while respecting individual rights and freedoms, the initiative was
well received. However, as was the case most recently in Utah, the
ACLU is again trying to legally block the implementation of official
English in Alaska, promoting opinions of the small percentage of
anti-English activists in the states.
Through a series of legal rulings, U.S. English was granted status as an "intervener," meaning U.S. English attorneys can defend the measure in court. In that capacity, U.S. English appealed the measure on June 17, 2003 in front of the Alaska Supreme Court. Currently, the court is reviewing the case before delivering a final verdict.
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