Watch your (official) language

Tue Aug 5 11:09:30 UTC 2008

Tuesday, August 05, 2008
Watch your (official) language
By Leah Szarek, Special to Stateline.org

Missouri, a key presidential swing state and home to one of the most
hotly contested gubernatorial races, will test what some see as
voters' attitudes toward immigrants this November with a ballot
measure to make English the only language of state government.
"It's just not a practical thing having ballots and things in many
languages," said Janet Renner, the founder of Missourians Against
Illegal Immigration, a group that supports the proposed constitutional
amendment.  "We want to prevent the expense upon the taxpayer," she
said. "The state's money is the people's money. That's what people
don't quite get. It doesn't hit them in the face the same way that
paying for gas does."

Critics of such "official-English laws" say the measures violate
federal civil rights protections by preventing communication between
immigrants and public servants. "They just make things more difficult
for state workers on the ground," said Sam Jammal, an attorney with
the Mexican American Legal Defense and Educational Fund. Jammal said
such measures stem from frustration with federal inaction on
immigration. "Some folks blur the lines between immigration debates
and language policy debates," he said. "We need to step back and not
equate the two debates."

The ballot issue will be decided Tuesday (Aug. 5) as voters in
Missouri head to the polls in a statewide primary to narrow the slate
of candidates for governor, lieutenant governor, attorney general and
treasurer for the November ballot. (Click here for Stateline.org's
printable PDF summary of major ballot issues) Thirty states have some
form of official-English law, said Rob Toonkel, a spokesman for U.S.
English, Inc., a group that lobbies for the laws nationwide. These
laws trim translation costs from state budgets, encourage immigrants
to learn English and unify the country, the group argues.

"It's the whole thing about protecting our culture," Renner said. "Our
national language is under attack. I believe the way we protect it is
to pass an amendment to the Missouri constitution. Hopefully, other
states will follow."  Official-English measures have appeared on the
ballot in nine states and passed every time. Missouri's proposed
amendment would require all meetings, teleconferences and Web-based
chats involving public business to be conducted in English. Missouri
is not the only state to debate official-English laws this year.
Consider this:

A citizen's initiative on the ballot in Oregon would curb the length
of time students with limited English skills can be taught in their
native language.
This is Iowa's first election without voter registration forms in
other languages because of a recent court ruling upholding the state's
official-English law.
Ohio's popular governor, Democrat Ted Strickland, may face a bill to
make English the state's official language just in time for the
election. While Strickland is not up for re-election this year, the
entire Legislature is.
"I think a lot of these [English laws] tend to be more symbolic,"
Jammal said. Even proponents agree that the earliest official-English
measures were more akin to those designating official state birds than
enforceable policies.

The most sweeping official-English law, Arizona's 1988 constitutional
amendment prohibiting government employees from communicating on the
job in anything but English, was overturned on free speech grounds by
the state Supreme Court in 1998. The newest spate of official-English
laws uses more careful language to change state policy without
flunking judicial tests.

The Missouri General Assembly recognized English as the state's
"common language" in 1998. The proposed amendment would translate that
idea into practical terms, excluding other languages from any
"official proceeding." a phrase lifted from the state's open meetings
law. "We worked to tighten up the language of the bill," said Missouri
state Rep. Tim Jones (R). "We wanted to make sure it said what we
wanted it to say."

What it says is that all state-produced documents or state-conducted
business — from statehouse newsletters to public hearings — will occur
in English.

Renner said she is optimistic about the measure's chances, pointing to
widespread support for Gov. Matt Blunt's (R) tough immigration law,
signed last month, which penalizes employers of undocumented workers
and requires proof of citizenship to access social services.

Blunt is not seeking re-election. The wide-open gubernatorial race
features four Republicans in the Aug. 5 primary. The two more serious
GOP contenders, U.S. Rep. Kenny Hulshof and State Treasurer Sarah
Steelman, publicly support the English measure.

Democrats will likely field as a candidate Attorney General Jay Nixon,
who has said he fears the measure could handicap the government's
ability to serve legal residents. Nixon is up against a virtual
unknown, Daniel Carroll, in the primary.

Oregonians face a different question Nov. 4 as they decide whether to
limit English-as-a-second-language (ESL) instruction in a student's
native tongue to two years before integrating the student in
English-only classrooms. Sponsor Bill Sizemore says immigrant children
need to be immersed in English to master the language.

"This is not an anti-immigrant measure," Sizemore said. "We want you
to succeed. We're not going to let the schools sidetrack you."

Critics question the method and the motive. "Really, it's political
posturing that does nothing to close the achievement gap," Jammal
said.

The Missouri and Oregon ballot box battles come on the heels of a
landmark legal victory for the official-English movement in March. A
judged ruled in favor of Iowa's 2002 official-English law that
prohibits the state from producing any official documents in foreign
languages, including voter registration forms. The state had been
posting translations of registration forms online.

Iowa's Attorney General Tom Miller (D) is reviewing the case to
determine if federal guarantees override the ruling, said Eric Tabor,
Miller's chief of staff. The federal Voting Rights Act protects some
language minorities by requiring voting forms in their native language
in communities with at least 5 percent or 10,000 minority language
speakers. It is unlikely any Iowa community qualifies for translated
forms for the 2008 election, Toonkel of U.S. English said.

Jammal, from the Mexican American Legal Defense and Education Fund,
said laws like Iowa's create confusion for state agencies. "They skew
the ability of officials to comply with federal law," he said.

Many state agencies in Iowa that depend on federal funding are
sidestepping the state ruling in deference to federal law. Millions of
federal dollars for state road projects, for example, could be at risk
if the Iowa Department of Transportation stops printing public meeting
notices in Spanish, said Dena Gray-Fisher, a spokeswoman for the Iowa
DOT. The Civil Rights Act prohibits any recipient of federal funds
from discriminating based on "national origin."

But proponents say the laws actually save states money in the long
run. Idaho's 2007 statute requires state agencies to return to the
general fund any money that was designated for translating or printing
materials in foreign languages.

The ability of states to lure corporate investment helps drive the
official-English debate in Ohio, where a bill to make English the
state's official language is in the works.

Democratic Gov. Ted Strickland has threatened to veto Republican state
Rep. Robert Mecklenborg's official-English bill, which boasts the
support of 85 percent of Ohio voters, according to a June Quinnipiac
University poll.

 "The governor believes this bill has the potential to drive away new
jobs, new investments and new economic development in Ohio," said
Keith Dailey, the governor's spokesman. Strickland is working to seal
a $1 billion deal with a Russian-owned steel company, Dailey said.

Toonkel dismissed these fears, however, pointing to the presence of
foreign automakers in Alabama, Kentucky and Tennessee — states with
official-English laws.

See Related Stories:
Missouri primary is a free-for-all (8/4/2008)
Social issues crowd state ballots (7/24/2008)
N.C. pushes ban on illegal immigrant students (5/20/2008)
States, locals swamp immigration program (5/13/2008)
States think smaller, slower on immigration (4/3/2008)
Immigration roils states (1/22/2008)
State immigration laws multiply (8/6/2007)
State immigration laws face legal doubts (7/27/2007)
State lawmakers ramp up immigration efforts (4/20/2007)
Arizona lashes out at illegal immigration (8/31/2005)
Businesses outdo states in multi-lingual outreach (11/14/2003)
Education Initiatives Take New Approach (10/11/2002)

http://www.stateline.org/live/details/story?contentId=331127

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