August 12, 2008, - 10:02 am
More Assaults on English: Even a Private School Can’t Set Language?
By Debbie Schlussel
It’s bad enough that America’s public schools and institutions provide bilingual education. But those are public, and the ACLU constantly trots out the First Amendment to cover non-English speech. I thought, at the very least, that private schools and institutions could choose to do what they wanted.
But apparently, I was wrong . . . at least if three Hispanic students suing the Catholic Diocese of Wichita have their way. The trial, over the Diocesan policy of requiring that students at its Catholic schools speak only English, is set to begin today.
“What happened at that school constitutes race discrimination under federal anti-discrimination laws — that is why it is important. That needs to be stopped,” said Christopher McHugh, the attorney representing three 12-year-old students named as plaintiffs in the civil litigation.
The lawsuit seeks an end to the policy and asks for an order barring similar policies at other Catholic schools in the Wichita diocese.
The plaintiffs are claiming the policy violates the Civil Rights Act and another federal statute by intentionally discriminating against the sixth-grade students and causing a hostile educational environment.
The diocese contended in court filings that the English-only rule is not discriminatory and did not cause a hostile environment. It contends the rule was implemented at St. Anne Catholic School as a legitimate response to inappropriate behavior by a few middle school students.
“This case is about a matter of discipline,” Jay Fowler, the attorney representing the Catholic Diocese said Monday. “Catholic schools embrace all cultures.”
The lawsuit also seeks the return of one student to the school who was allegedly kicked out for refusing to sign the “English only” pledge. And it asks for court and attorney costs and unspecified damages for discrimination and emotional suffering. . . .
“This is not a case that implicates constitutional or statutory rights, as no court has recognized a right to speak a foreign language at school,” the defendants said in court documents.
The lawsuit was filed by parents Mike and Clara Silva, Maria and Fermin Fernandez, and Guadalupe Cruz-Tello on behalf of their minor children. It names as defendants St. Anne Catholic School, principal Margaret Nugent, St. Anne Catholic Parish and the Catholic Diocese of Wichita.
Seven children — all but one under the age of 12 — will testify at the trial before U.S. District Judge J. Thomas Marten, McHugh said. All, except for one student who was subpoenaed, are voluntarily testifying.
It’s a slippery slope. Since I went to a couple of Jewish Hebrew Day Schools (and also public high school), I can only imagine Hispanics or other non-English speaking illegal aliens insisting that our prayers and Hebrew classes be in Spanish. The same claim being raised by the Plaintiffs in this case could be raised by someone who wishes to join my synagogue. I can only imagine them insisting that we not be allowed to pray in Hebrew or that the English translations in prayer books be changed to Arabic.
That’s the problem with dictating language or anything else to a private institution–whether it’s a Catholic school or a Jewish synagogue or a WASPY country club–what it can do on its own private property within the confines of its own private organization.
No-one is discriminating against Hispanic students at the Diocese’s Catholic schools. The requirement is only that they agree to speak English. If they do not like it, they are free to attend the Publick Skools.
This frivolous lawsuit must be rejected. That it even sees the light of day–instead of being dismissed under a summary judgment–is troubling. The judge, J. Thomas Marten, was nominated by Bill Clinton, so it will be interesting to see how he rules.
A private institution is private for a reason: to make its own rules without outside interference from interlopers.
This is a case where me casa is only su casa if you abide by the rules.
It seems this whole Spanish as a Second laguage thing is an effort (planned or unplanned) to divide the American people and America. In the past immigrants who came to America were happy and proud to call themselves American and took great pride in learning English and becoming American. Not today. Most still hold allegiance to their former countries and have no pride or allegiance to America. The idea of having two official languages is a faulty one which only serves to alienate and divide populations and weaken a country.
PrincessKaren on August 12, 2008 at 11:13 am