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Arizona English measure advances
Capitol Media Services
1.27.2006
PHOENIX — State lawmakers moved Thursday to make English the official
language of Arizona, even as they have yet to figure out how to finance
teaching it in public schools.
The 6-3 vote by the House Judiciary Committee would constitutionally require
all "official action" of government be conducted in English. The measure
still requires approval by the full Senate and House — and, ultimately, by
state voters — before becoming law.
There is reason to believe it will pass, in that it is similar to a measure
approved by voters in 1988. That provision, however, never was enforced. The
Arizona Supreme Court declared it illegal, saying that it violates federal
constitutional rights.
The justices said the 1988 measure harmed the ability of
non-English-speaking people to obtain access to their government. They also
concluded the amendment limited the political speech of elected officials
and public employees.
Those problems have now been resolved, according to Rep. Russell Pearce,
R-Mesa.
His new version specifically allows government employees, including
legislators, to communicate "unofficially" with people in any language. But
any official action, he said, must be in English.
For example, he said, a lawmaker could write a letter, even on official
stationery, on any subject. But the official actions of the Legislature, he
said, can be only in English.
One thing less than clear is how it would affect elections.
The measure would require ballots and election materials be printed in
English.
Pearce acknowledged that there are federal laws dealing with voting rights.
But he said he believes these do not require ballots be available in
multiple languages, but only bar states from requiring that voters be fluent
in English.
He conceded, though, his view of the law is not shared by everyone. He added
that Congress may not renew the Voting Rights Act in 2007.
The measure also includes various other exceptions designed to survive
constitutional challenge.
For example, police and courts could use other languages to protect the
rights of crime victims and defendants. The state also could print materials
in other languages to encourage trade or tourism.
And it even contains a specific exemption allowing the use and preservation
of American Indian languages.
The Legislature approved a similar measure last year, but as a change in
state law. That allowed Gov. Janet Napolitano to veto it, which she did.
Napolitano noted at the time that the state was — and still is — out of
compliance with a federal court order to provide adequate funding to schools
to teach students classified as "English language learners.'' Given the
failure to properly fund English programs, she said, "making English the
only language for official action is contradictory at best."
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