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   State Supreme Court rules AZ law requiring public officials to be able to comprehend and use the English language is constitutional

17 Aug 2012 11:48 PM   |   1410 clicks   |   AZCentral
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BarkingUnicorn    [TotalFark]  
Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.

17 Aug 2012 05:02 PM
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Nadie_AZ    [TotalFark]  
In challenging Cabrera's candidacy, San Ljuis' mayor cited a 1913 Arizona state law that says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office.

Both the Arizona Constitution and the 1910 federal law that created the state in 1912 require that state and local government officials be able to read, speak, write and understand English, the opinion noted.

The requirement "manifests a legitimate concern that those who hold elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter," Justice Robert Brutinel wrote for the court. "Such a requirement helps ensure that the public officer will in fact be able to understand and perform the functions of the office, including communication with English-speaking constituents and the public."


I'd have been ok with this if the judge hadn't added that last little bit. There are a lot of native spanish speakers here. Wouldn't it be a good idea to be able to communicate with them?

17 Aug 2012 05:07 PM
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impaler    [TotalFark]  
Justice Robert Brutinel wrote for the court. "Such a requirement helps ensure that the public officer will in fact be able to understand and perform the functions of the office, including communication with English-speaking constituents and the public."

in San Luis, a mostly Spanish-speaking border town in southwestern Arizona...

Makes perfect sense. No Jim Crow here.

17 Aug 2012 05:12 PM
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RoyBatty     
BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.


Someone named BarkingUnicorn advocating for the rights of dear to hold office.

That goes against type.

17 Aug 2012 05:16 PM
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ceebeecates4    [TotalFark]  
What do they call someone that only speaks one language?

American.

/specifically the "undocumented" kind

//no me importa

17 Aug 2012 06:15 PM
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BarkingUnicorn    [TotalFark]  
RoyBatty: BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.

Someone named BarkingUnicorn advocating for the rights of dear to hold office.

That goes against type.


I meant "deaf," of course. And I wasn't advocating anything; just said it's an "interesting" law and judicial opinion.

17 Aug 2012 08:45 PM
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RoyBatty     
BarkingUnicorn: I meant "deaf," of course. And I wasn't advocating anything; just said it's an "interesting" law and judicial opinion.

Oh I know, I was just being silly. BarkingUnicorn advocates for deer to become elected official.

17 Aug 2012 08:52 PM
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BarkingUnicorn    [TotalFark]  
RoyBatty: BarkingUnicorn: I meant "deaf," of course. And I wasn't advocating anything; just said it's an "interesting" law and judicial opinion.

Oh I know, I was just being silly. BarkingUnicorn advocates for deer to become elected official.


Well, we have dogs and cats who are mayors, so I suppose deer would work.

But I can't find any deaf U. S. legislators at all. Interesting.

I suppose a mute lawmaker would be too much to hope for.

17 Aug 2012 08:57 PM
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timujin    [TotalFark]  
Nadie_AZ: In challenging Cabrera's candidacy, San Ljuis' mayor cited a 1913 Arizona state law that says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office.

Both the Arizona Constitution and the 1910 federal law that created the state in 1912 require that state and local government officials be able to read, speak, write and understand English, the opinion noted.

The requirement "manifests a legitimate concern that those who hold elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter," Justice Robert Brutinel wrote for the court. "Such a requirement helps ensure that the public officer will in fact be able to understand and perform the functions of the office, including communication with English-speaking constituents and the public."

I'd have been ok with this if the judge hadn't added that last little bit. There are a lot of native spanish speakers here. Wouldn't it be a good idea to be able to communicate with them?


It's fascinating to me that there are parts of my city where people can live in an enclave their entire lives, working there, shopping there, and never have to learn any more English for when they're out of that area than a tourist from another country.

17 Aug 2012 09:01 PM
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BarkingUnicorn    [TotalFark]  
TFA says this English requirement is part of the federal law that granted statehood to Arizona. I wonder if the same requirement applies to all States.

17 Aug 2012 09:06 PM
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sno man    [TotalFark]  
RoyBatty: BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.

Someone named BarkingUnicorn advocating for the rights of dear to hold office.

That goes against type.


A six point wife? A nine point brother? or his doughy child?

17 Aug 2012 09:22 PM
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sno man    [TotalFark]  
BarkingUnicorn: TFA says this English requirement is part of the federal law that granted statehood to Arizona. I wonder if the same requirement applies to all States.

I wonder if federal discrimination laws re deaf et.al. might trump this ruling anyway.

17 Aug 2012 09:26 PM
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BarkingUnicorn    [TotalFark]  
sno man: BarkingUnicorn: TFA says this English requirement is part of the federal law that granted statehood to Arizona. I wonder if the same requirement applies to all States.

I wonder if federal discrimination laws re deaf et.al. might trump this ruling anyway.


I wonder about that, too. The Arizona law seems to apply to "public officials," which might include DMV clerks up to the governor. The ADA protects hired employees such as a clerk. IDK where elected officials fit in.

17 Aug 2012 09:37 PM
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namatad    [TotalFark]  
BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.


you also left out blind
but clearly justice is not blind in AZ, just retarded.
Plus, cant they use this law to kick sheriff joe and his buddies out of office?
There is no way that those mouth breathers can prove that they can read AND write.

17 Aug 2012 09:41 PM
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RoyBatty     
namatad: BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.

you also left out blind
but clearly justice is not blind in AZ, just retarded.
Plus, cant they use this law to kick sheriff joe and his buddies out of office?
There is no way that those mouth breathers can prove that they can read AND write.


Well, I am hoping that the 1910 federal law that created the state can be declared unconstitutional.

17 Aug 2012 09:52 PM
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gameshowhost    [TotalFark]  
I have a feeling that the "comprehend and use" language is going to come back to haunt those in the Tea Party.

17 Aug 2012 10:02 PM
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fusillade762     
strikingthoughts.files.wordpress.com

/oblig

17 Aug 2012 10:11 PM
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fusillade762     
BarkingUnicorn: IDK where elected officials fit in.

People protected because they have developmental disabilities?

17 Aug 2012 10:13 PM
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fusillade762     
namatad: So dear or mute people can't hold office. Interesting.

you also left out blind


upload.wikimedia.org

?

17 Aug 2012 10:18 PM
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Walker    [TotalFark]  
"ENGLISH MOTHERF*CKER! DO YOU SPEAK IT?"
img.photobucket.com

17 Aug 2012 11:13 PM
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impaler    [TotalFark]  
gameshowhost: I have a feeling that the "comprehend and use" language is going to come back to haunt those in the Tea Party.

Glad you're not the only one that thought that

17 Aug 2012 11:20 PM
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eraser8    [TotalFark]  
I'm okay with this on the following condition:

If Arizona gains a Spanish or Arabic or Esperanto majority, it will be constitutional to bar any non-speakers of the prescribed language from public office...regardless of whether or not the office's candidate speaks the majority local language fluently. 

My argument does not apply if the prospective office holder speaks Dutch.

17 Aug 2012 11:48 PM
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pippi longstocking     
Seriously, what's wrong with Arizona?

Are the majority uneducated racist morons?

17 Aug 2012 11:51 PM
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WelldeadLink    [TotalFark]  
BarkingUnicorn: But I can't find any deaf U. S. legislators at all. Interesting.

I didn't see that coming.

/hopes the laws will now be written in English.

17 Aug 2012 11:53 PM
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Nadie_AZ    [TotalFark]  
pippi longstocking: Seriously, what's wrong with Arizona?

Are the majority uneducated racist morons?


We've imported a lot from other parts of the United States. They simply don't know the history of the state and region. This has been going on for a few decades.

17 Aug 2012 11:56 PM
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indylaw     
State governments conduct almost all their business in English. Laws are written in English. Courts are conducted in English. Business with most agencies and contractors is conducted in English. Sorry if that chaps your ass, but you need to know English to perform the duties of a public official in any state, unless Puerto Rico becomes a state in the near future.

18 Aug 2012 12:02 AM
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cman    [TotalFark]  
BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.


Deaf does not equal dumb. Law says all three must be satisfied in order to be removed. A deaf person can still read and write

18 Aug 2012 12:03 AM
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Bucky Katt    [TotalFark]  
Does this mean Jan Brewer is going to get impeached?

18 Aug 2012 12:03 AM
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gameshowhost    [TotalFark]  
impaler: gameshowhost: I have a feeling that the "comprehend and use" language is going to come back to haunt those in the Tea Party.

Glad you're not the only one that thought that


To be honest, I figured it spoke for itself... was just trying to get someone to reply to me.

/so lonely

18 Aug 2012 12:03 AM
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cman    [TotalFark]  
impaler: Justice Robert Brutinel wrote for the court. "Such a requirement helps ensure that the public officer will in fact be able to understand and perform the functions of the office, including communication with English-speaking constituents and the public."

in San Luis, a mostly Spanish-speaking border town in southwestern Arizona...

Makes perfect sense. No Jim Crow here.


Yes, because any law in the south is always assumed to be racist no matter what

18 Aug 2012 12:04 AM
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BarkingUnicorn    [TotalFark]  
pippi longstocking: Seriously, what's wrong with Arizona?

Are the majority uneducated racist morons?


FTA: Both the Arizona Constitution and the 1910 federal law that created the state in 1912 require that state and local government officials be able to read, speak, write and understand English, the opinion noted.

It seems the feds didn't want a Spanish-speaking State, either.

A nation does need a common language. No one says you can't use other languages as appropriate. Yes, she wants only to be a local city council member, in a predominantly Spanish-speaking area. But she'll still have to communicate with other government agencies outside of her little town in order to effectively represent her constituents.

18 Aug 2012 12:05 AM
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Sum Dum Gai     
timujin: It's fascinating to me that there are parts of my city where people can live in an enclave their entire lives, working there, shopping there, and never have to learn any more English for when they're out of that area than a tourist from another country.

Nobody lives here "their entire lives" and doesn't learn English. It's the people who move here when they are older (beyond the critical period of language acquisition) that don't learn English. As children, even growing up in a relatively insular community, children are too good at acquiring languages to avoid learning it.

My great-grandparents were immigrants who spoke only Slovak, and they lived in a very Slovak community (even as recently as the 1990s, there were stores in Milwaukee that did business in Slovak). My grandparents were the first generation born in America, and were completely fluent in both English and Slovak. In my dad's generation, only his oldest brother could speak Slovak, so my father could never even directly hold a conversation with his own grandparents, except using someone else to translate.

18 Aug 2012 12:06 AM
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Ed Willy     
This is an affront to native speakers of authentic frontier jibberish
www.essentialaudio.com '

18 Aug 2012 12:08 AM
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Dwight_Yeast     
Nadie_AZ: I'd have been ok with this if the judge hadn't added that last little bit. There are a lot of native spanish speakers here. Wouldn't it be a good idea to be able to communicate with them?

No, because brown people don't really count as people.

18 Aug 2012 12:10 AM
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farkityfarker     
In challenging Cabrera's candidacy, San Ljuis' mayor cited a 1913 Arizona state law that says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office.

Apparently there's no such requirement for those who transcribe AP stories onto AZCentral.com.

18 Aug 2012 12:19 AM
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Sum Dum Gai     
BarkingUnicorn: A nation does need a common language.

Most of the world would beg to differ; the number of countries with official multilingualism (either at the national or regional levels) dwarfs the number of monolingual nations.

18 Aug 2012 12:21 AM
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marfar     
timujin: Nadie_AZ: In challenging Cabrera's candidacy, San Ljuis' mayor cited a 1913 Arizona state law that says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office.

Both the Arizona Constitution and the 1910 federal law that created the state in 1912 require that state and local government officials be able to read, speak, write and understand English, the opinion noted.

The requirement "manifests a legitimate concern that those who hold elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter," Justice Robert Brutinel wrote for the court. "Such a requirement helps ensure that the public officer will in fact be able to understand and perform the functions of the office, including communication with English-speaking constituents and the public."

I'd have been ok with this if the judge hadn't added that last little bit. There are a lot of native spanish speakers here. Wouldn't it be a good idea to be able to communicate with them?

It's fascinating to me that there are parts of my city where people can live in an enclave their entire lives, working there, shopping there, and never have to learn any more English for when they're out of that area than a tourist from another country.


San Diego had a Japan Town until WW2 when they shipped them to prison camps, took all of there property, and gave them a bus ride to wherever they wanted after the war. We should start doing that to every Chinese, Japanese, Mexican, or Italian immigrant that can't speak english, even if they're here legally..

18 Aug 2012 12:21 AM
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Summoner101     
Yet somehow, New Mexico uses both English and Spanish in its daily governance and has yet to implode.

It's also one of the less derpy states.

Correlation?

18 Aug 2012 12:25 AM
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The Larch     
I absolutely agree with the decision of the court.

And I believe the very best way to decide if someone is able to communicate well enough to serve the citizens is to allow the citizens themselves to decide.

Perhaps there could be one day every two years where every citizen gets to decide who communicates well enough to serve their interests. Maybe they could each write their decisions on a little piece of paper and stuff it in a box. And then at the end of the day someone could tally up all the pieces of paper, and whoever the citizens decided communicated the best would be allowed to represent them.

I know it sounds crazy, but it just might be crazy enough to work.

18 Aug 2012 12:26 AM
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BarkingUnicorn    [TotalFark]  
cman: BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.

Deaf does not equal dumb. Law says all three must be satisfied in order to be removed. A deaf person can still read and write


Good point! But mute people would still be barred; pity.

18 Aug 2012 12:31 AM
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jigger     
timujin: It's fascinating to me that there are parts of my city where people can live in an enclave their entire lives, working there, shopping there, and never have to learn any more English for when they're out of that area than a tourist from another country.

That's America for you.

18 Aug 2012 12:31 AM
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DrewCurtisJr     
Sum Dum Gai: Nobody lives here "their entire lives" and doesn't learn English. It's the people who move here when they are older (beyond the critical period of language acquisition) that don't learn English. As children, even growing up in a relatively insular community, children are too good at acquiring languages to avoid learning it.

Bull. If it weren't for the public school forcing them to learn English many kids would never learn.

18 Aug 2012 12:33 AM
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cman    [TotalFark]  
BarkingUnicorn: cman: BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.

Deaf does not equal dumb. Law says all three must be satisfied in order to be removed. A deaf person can still read and write

Good point! But mute people would still be barred; pity.


Actually on second thought there is an "and" in the law not an "or", so I am pretty much sure that what I told you was wrong.

18 Aug 2012 12:33 AM
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Bigdogdaddy     
"In the first place we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the man's becoming in very fact an American, and nothing but an American...There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag, and this excludes the red flag, which symbolizes all wars against liberty and civilization, just as much as it excludes any foreign flag of a nation to which we are hostile...We have room for but one language here, and that is the English language...and we have room for but one sole loyalty and that is a loyalty to the American people."

Theodore Roosevelt 1907

18 Aug 2012 12:33 AM
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jigger     
Sum Dum Gai: Nobody lives here "their entire lives" and doesn't learn English.

Well, they're dying off, but some Cajuns never learned English, at least not a lot.

18 Aug 2012 12:34 AM
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jigger     
Bigdogdaddy: In the first place we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us,

i.imgur.com

18 Aug 2012 12:36 AM
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Britney Spear's Speculum     
I guess, at most, this could be left up to the states? Definitely not federal office. Is there any precedent where English is the required language to hold office? I would assume not.

18 Aug 2012 12:36 AM
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The Larch     
DrewCurtisJr: Sum Dum Gai: Nobody lives here "their entire lives" and doesn't learn English. It's the people who move here when they are older (beyond the critical period of language acquisition) that don't learn English. As children, even growing up in a relatively insular community, children are too good at acquiring languages to avoid learning it.

Bull. If it weren't for the public school forcing them to learn English many kids would never learn.


Learn some history. There were plenty of schools that taught only in German or Norwegian a hundred years ago, but the kids still learned English.

18 Aug 2012 12:37 AM
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BarkingUnicorn    [TotalFark]  
cman: BarkingUnicorn: cman: BarkingUnicorn: Law says anyone "who is unable to speak, write and read the English language is not eligible" to hold public office. Court says elective office be minimally proficient in English in order to conduct the duties of their office, without the aid of an interpreter."

So dear or mute people can't hold office. Interesting.

Deaf does not equal dumb. Law says all three must be satisfied in order to be removed. A deaf person can still read and write

Good point! But mute people would still be barred; pity.

Actually on second thought there is an "and" in the law not an "or", so I am pretty much sure that what I told you was wrong.


No, you're perfectly correct. "Speak, read, and write..." one needn't be able to hear English.

18 Aug 2012 12:40 AM
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BarkingUnicorn    [TotalFark]  
Britney Spear's Speculum: I guess, at most, this could be left up to the states? Definitely not federal office. Is there any precedent where English is the required language to hold office? I would assume not.

RTFA. The federal law that granted statehood to Arizona requires public officials to speak, read, and write English.

I don't know of any such requirement for federal office holders.

18 Aug 2012 12:44 AM
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