The jury, or judge in this case, is still out on English-only.
The trial ended last week, but Third District Judge Ronald Nehring has yet to make a decision on the law’s constitutionality.
Judging from arguments on both sides, his choice should be an easy one: declare the law unconstitutional.
At best, the English-only law would discourage community between cultures in the state. At worst, it would deprive non-English speakers of their rights.
This is exactly what the Salt Lake City Mayor Rocky Anderson and the ACLU argued during the two-day trial.
Anderson and seven other individuals filed suit against the law just before it went into effect in January.
Anderson filed a complaint that challenged the constitutionality of the law because, as a mayor, he would not be able to guarantee non-English speakers due process.
At issue is the language in the statute that makes English “the official language of this State,” and “the sole language of the government.”
Anderson and the ACLU argued that under the “sole language” clause, almost all government documents and business would have to be in English.
Those who do not speak English would be at a disadvantage for government services like assistance in receiving child support.
If this is the correct interpretation of the law, it is patently unconstitutional. Utah residents would be deprived of their rights.
Defenders of the law argued that the law does not discriminate.
At the trial, attorneys for Utahns for Official English took a more narrow interpretation of the law.
They said that the law does not forbid governments from providing documents and conducting business in other languages. The only requirement is that everything is provided in English first.
But even if the law is interpreted this way, cities could choose to discriminate on the basis of language.
If all governmental entities decide to provide translation, English-only defenders say, the law would be largely symbolic, harmless.
But such a symbol would harm Utah’s image.
A stamp of “English-only” carries the message that Utah does not welcome outsiders.
