Oklahoma State Question 751 (2010)

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Contents

The Oklahoma State Question 751, or the English is the Official Language of Oklahoma Act, is scheduled to appear on the 2010 state ballot in Oklahoma as a legislatively-referred constitutional amendment.

If approved, SQ 751 would add a new Article XXX to the Oklahoma Constitution that says that English is the state's official language.

Ballot language

The ballot language that Oklahoma voters will see reads as follows:[1]

This measure amends the State Constitution. It adds a new Article to the Constitution. That Article deals with the State's official actions. It dictates the language to be used in taking official State action. It requires that official State actions be in English. Native American languages could also be used. When Federal law requires, other languages could also be used.
These language requirements apply to the State's "official actions." The term "official actions" is not defined. The legislature could pass laws determining the application of the language requirements. The Legislature would also pass laws implementing and enforcing the language requirements.
No lawsuit based on State law could be brought on the basis of a State agency's failure to use a language other than English. Nor could such a lawsuit be brought against political subdivisions of the State.

Federal government involvement

On April 14, 2009, a letter was sent from the federal government's U.S. Department of Justice to Drew Edmondson, Oklahoma's Attorney General. The letter indicated that Oklahoma might lose federal funding if the state's voters approved State Question 751. It says, "...implementation of this [English-only] amendment may conflict with Oklahoma’s obligations to protect the civil rights of limited English proficient (LEP) persons.”[2]

All members of Oklahoma's congressional delegation, including Democrats and Republicans, responded to the DOJ assertion in late July 2009 with a request that the DOJ justify and clarify its position. The Oklahoman congressional delegation letter says that the DOJ letter was "dubiously timed at the peak of legislative debate" over the proposed amendment.[3][4]

Jim Inhofe

U.S. Senator Jim Inhofe wrote, “This nation’s cultural diversity is one that contributes to the greatness of our country. I support the state’s effort to pass a constitutional amendment making English the official language of the state because it ultimately facilitates better communication across the many lines of diversity within our state. The state legislature has overwhelmingly passed this amendment, and now it is up to the voters of Oklahoma to decide if they wish to accept it. It is entirely unacceptable for the federal government to try to strong arm the state by threatening to remove federal funding. I look forward to hearing the Justice Department’s explanation for such behavior.”

Tom Coburn

U.S. Senator Tom Coburn wrote, “Secretary Holder owes the residents of Oklahoma an explanation as to why this thinly veiled threat was issued to Oklahoma on a state matter. The last thing Oklahoma needs is a bureaucrat in Washington dictating more of what we can and cannot do. Officials at the Department of Justice should focus on more pressing matters under their jurisdiction before issuing statements about a state issue that has yet to become law.”

Rep. Dan Boren

U.S. Representative Dan Boren wrote, “The state of Oklahoma deserves a clear explanation of why it seems the Department of Justice has singled out the state and threatened funding retribution over a State Legislature initiative that has been approved in other states already. I join my colleagues in urging the Department to give us a full account of their actions on this issue.”‪‪

Rep. John Sullivan

U.S. Representative John Sullivan wrote, “It is inappropriate for the United States Department of Justice to interfere in what is ultimately a state matter. In 2010, voters in Oklahoma will decide if the state constitution will be amended to make English the official language of the state and I proudly stand with the rest of the state delegation in supporting Oklahoma’s right to decide this issue.”

Rep. Frank Lucas

U.S. Representative Frank Lucas wrote, “Our country benefits from the diversity of our people,” stated Lucas. “However, throughout our history, it has been our common language that binds us as one nation. In order for new immigrants to our country to be successful and realize the American Dream, they must be able to speak the English language. Punishing the state of Oklahoma for encouraging that is unnecessary.”

Rep. Mary Fallin

U.S. Representative Mary Fallin wrote, “This incident should send shock waves through every state in the union. The letter from DOJ is an affront to Oklahoma’s tenth amendment rights under the Constitution. We should be allowed to pursue this policy without facing preemptive manipulation from the federal government.”

See also

External links

References

  1. Oklahoma Secretary of State, "Proposed State Questions"
  2. Copy of April 2009 letter from Department of Justice to Drew Edmondson
  3. Text of letter from Oklahoma Congressional Delegation to the DOJ
  4. Libertarian Republican, "Feds, Eric Holder threaten to trample on State of Oklahoma's Sovereignty over English-only Requirement", August 1, 2009
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