Earlier this week during a child custody hearing, a Nebraska judge ordered a Hispanic man to speak “primarily English” during visitations with his 5-year-old daughter.
The judge cited educational concerns for his reasoning, implying that learning Spanish would hinder the development of her English. However, he told the father that he could “instruct and teach her” to some extent in Spanish, but that the rest of their communication should be in English.
The father, Eloy Amador, contested that he spoke Spanish with his daughter in order to teach her about Hispanic culture. He said that he did not limit their conversations to Spanish.
Regardless of these objections, the judge violated Amador’s First Amendment rights by dictating what language he must use to communicate to his daughter. Furthermore, he based his ruling on faulty logic.
Studies show that children learn foreign languages more easily than do adults, and that being bilingual does not have a negative effect on their learning in other areas. This knowledge should lead us to encourage bilingual education in young children whenever possible.
Amador’s case isn’t unusual. Other courts ordered Hispanic parents to speak English rather than Spanish to their children. One outrageous example occurred in Texas in 1995, when a judge told a woman she was abusing her daughter by speaking in Spanish to her.
The judge then predicted that if she did not speak English to her daughter, the child would be destined to “life as a maid.” He later revised his ruling to exclude the language issue. He also apologized to maids in general for his disregard of their profession, but he did not apologize for the racist tone of his statements.
In another Texas case, a judge ordered both Hispanic parents to speak English to their daughter. He basically said that speaking Spanish in the home would have negative effects on her education.
He did not explain the logic by which he came to this conclusion, perhaps because there was no sound reasoning behind it. Public outcry against the comments ensued and another judge was appointed to determine the outcome of the case.
This xenophobic attitude is irrational. The inability to communicate in foreign languages is not something of which to be proud. Not only should students be allowed to speak alternative languages at home, they should be encouraged to do so if we are ever going to break our monolingual limitations here in America.
Bilingual education should be a priority, not an afterthought. Practicing Spanish and other foreign languages in the home strengthens the linguistic capabilities of students.
Children learn plenty of English in school. We have to complete 13 years of it in order to receive a diploma. In addition, immigrants learn English without individual court rulings or racist comments to reinforce it.
English is not the official language in the United States. We do not have an official one. While English is the most commonly spoken, Spanish is by far the second most commonly spoken.
Given these facts, a judge should not curtail the language and cultural values that Hispanic families instill in their children. We and the officials we elect or appoint should celebrate and reaffirm the cultural diversity that Hispanics contribute to our society.
Katherine Story is a junior history and Spanish major. She can be reached at [email protected].