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Archive for Wednesday, January 17, 2001

Court considers ‘English-only’ law

January 17, 2001

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— If Martha Sandoval cannot sue for the opportunity to take her Alabama driver's exam in Spanish, then people everywhere cannot take full advantage of the landmark 1964 Civil Rights Act, civil liberties groups say.

Though Sandoval already won her challenge to Alabama's "English-only" rule for driver's license tests, the Supreme Court now will now decide if she had the right to take the state to court.

Martha Sandoval, filed a lawsuit in 1997 challenging the English
only driver's license test, is seen June 4, 1998, in Mobile, Ala.

Martha Sandoval, filed a lawsuit in 1997 challenging the English only driver's license test, is seen June 4, 1998, in Mobile, Ala.

"The right to sue has been an essential component to make sure these civil rights laws have meaning," said Marcia Greenberger, co-president of the National Women's Law Center, one of several generally liberal groups that filed legal briefs supporting Sandoval.

The Supreme Court is expected to rule by summer whether individuals such as Sandoval can sue under the part of the 1964 Civil Rights Act that bars state recipients of federal money from discriminating based on race, color or national origin.

Theoretically, the case would establish ground rules for private challenges to the way states administer all manner of federal anti-prejudice laws.

The justices heard an hour of arcane arguments about the case Tuesday that at times seemed to have little to do with Sandoval and Alabama's English-only law.

Sandoval, originally from Mexico, sued the state over its decision to offer driver's exams only in English. Although the Mobile housecleaner could understand some English, such as the road signs "stop" and "right turn," the test required roughly a 10th-grade understanding of the language.

Before passage by the Alabama Legislature of a 1990 law designating English as the state's official language, the state Department of Public Safety offered the tests in several languages.

Sandoval won a federal class-action suit that overturned the English-language requirement for driver's exams and asserted her right to sue under the theory that when spending federal money, states must abide by federal rules.

The 11th U.S. Circuit Court of Appeals agreed, and Alabama appealed to the Supreme Court. The state has asked the justices to settle only the lawsuit question and not whether Alabama was right in its original decision to require English for driver's tests.

Sandoval had no right to sue, because Congress did not specifically give her one as it wrote the 1964 Civil Rights Act, lawyer Jeffrey Sutton argued for the state Tuesday.

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