Supreme Court to review English-only law.

Should English be the official government language of the United States?

The U.S. Supreme Court will determine the constitutionality this fall of an Arizona law requiring that English be the official language of state government. The case stems from a lawsuit by Maria-Kelley Yniguez, a state employee who spoke English and Spanish to claimants while evaluating medical malpractice claims in 1988.

Yniguez testified that forcing her to speak only English violated her First Amendment right of free speech. She was joined in her suit by Jaime Gutierrez, an Hispanic state senator, who argued that the law prevented him from speaking to his constituents in Spanish.

Twenty-three states have passed legislation making English their official state language. However, the laws differ in scope, ranging from symbolic support of English usage to prescriptive control of the language used by state employees.

Colorado's law, for example, is one sentence: "The English language is the official language of the state of Colorado." The Arizona law was considered one of the most restrictive in the country, requiring all government officials and employees to use only English in their conduct of government business.

The 9th U.S. Circuit Court of Appeals ruled that Arizona's "official English" law violates the First Amendment.

Proponents argue that making English the official language will promote unity, political stability and encourage a common language. They believe that official English laws ensure a precise language of communication for governing in a society where many languages are spoken.

Opponents argue that English is already the de facto language of the United States, and that official English serves to restrict the rights and access to services of those who are not yet proficient. They fear that official English will damage U.S. traditions of ethnic and cultural diversity protected by the Constitution.

Arizona's law came from a referendum on official English approved by Arizona voters in 1988, by a vote of 50.5 percent to 49.5 percent. After the state lost the Yniguez case at the district court level, the governor declined to appeal. The case was taken up by Arizonans for Official English (the sponsor of the 1988 ballot initiative). Before ruling on the merits of the case, the Supreme Court will determine whether the group has legal standing and whether Yniguez, who no longer works for the state, still has a case.

RELATED ARTICLE: STATES WITH OFFICIAL ENGLISH LAWS

Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Virginia and Wyoming. Hawaii is officially bilingual with Native Hawaiian and English as co-equal languages.