egarrard
02-15-2005, 11:05 AM
http://www.tennessean.com/local/archives/05/01/64800164.shtml?Element_ID=64800164
A Wilson County child-court judge has been ordering foreign-born women to learn English for the good of their children — an action that some regard as unconstitutional.
In a case this week, Judge Barry Tatum insisted that an 18-year-old Mexican woman take language classes and consider using birth control.
Tatum said his admonition didn't come out of malice or the urge to Americanize an immigrant. Instead, the judge said he worried that the woman's 2-year-old daughter would miss out on opportunities because of her mother's inability to communicate in English.
''A parent has the right to raise a child the way they see fit, but government gets involved at some point,'' Tatum said. ''I'm concerned about the civil rights of the child and what will happen to her.''
The immigrant woman and her American-born toddler both entered the state's custody in 2003.
A complaint was made to state child protection officials, accusing the mother of neglecting her baby by not following up on immunizations and other shots, said K. Danielle Edwards, a spokeswoman with the state Department of Children's Services.
Neither Tatum nor Edwards would identify the woman or her child, saying that identities of people involved in DCS and juvenile court cases are confidential.
Tatum said the written order in the case hadn't been filed yet and he couldn't recall whether his direction that the mother learn English was merely a suggestion or carried the legal weight of an official court order.
But local civil rights attorney Jerry Gonzalez said the latest case sounded ominously similar to another recent order issued by Tatum — a decision that Gonzalez is appealing.
In that case, Gonzalez said, Tatum ordered a Mexican woman in a child neglect case last year to learn basic English within six months. If she didn't comply, the lawyer said, a hearing was to be held to consider terminating the mother's parental rights to her 11-year-old daughter.
''Ordering a woman to learn English or lose her child, that's blatantly unconstitutional,'' Gonzalez said. ''The First Amendment allows all of us to speak whatever language we choose to speak. There's nothing compelling us to speak English, to learn English or be able to write English.''
He declined to present a copy of the order, saying the documents were sealed in juvenile court and that he could be held in contempt if he shared the document.
Judge Tatum said he could not immediately remember the case Gonzalez referred to because of the volume of cases that move through his courtroom. But, he said, he has issued similar English-training orders in three to five other cases.
He said the mother's ability to learn English in this week's case would not directly influence her custody over the toddler.
''There are no repercussions in terms of termination of parental rights,'' Tatum said.
Still, civil libertarians called any ruling that included such a provision unconstitutional and outrageous.
''This is clearly not acceptable, and we're worried that the judge has gone over the line,'' said Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee. ''A judge should not require a parent to learn English to have access to their child, and the government should not be telling parents how to communicate with their children.''
ACLU officials are considering filing a complaint against the judge or seeking to place a monitor in his courtroom, she said. Weinberg wasn't aware of similar cases in other areas, but acknowledged that they may be happening ''under the radar screen.''
Such rulings violate the constitutional requirement for equal protection and equal treatment under the law, she said.
''There's no relationship between being a good parent and speaking English,'' Weinberg said.
Luis Bustillos, a probation officer in Davidson County who also considers himself a Hispanic activist, said he didn't disagree with Tatum's ruling. ''It's not controversial,'' he said. ''As long as they are with their own people, there's no need for them to learn English. When they go work, they need to communicate in English.''
Bustillos said he came to this country in 1964 from Bolivia.
''It was very hard for me when I came here to learn English,'' he said. ''We need to bring the message to the community that if they (learn English), they will improve their status.''Is this guy right? :What the
A Wilson County child-court judge has been ordering foreign-born women to learn English for the good of their children — an action that some regard as unconstitutional.
In a case this week, Judge Barry Tatum insisted that an 18-year-old Mexican woman take language classes and consider using birth control.
Tatum said his admonition didn't come out of malice or the urge to Americanize an immigrant. Instead, the judge said he worried that the woman's 2-year-old daughter would miss out on opportunities because of her mother's inability to communicate in English.
''A parent has the right to raise a child the way they see fit, but government gets involved at some point,'' Tatum said. ''I'm concerned about the civil rights of the child and what will happen to her.''
The immigrant woman and her American-born toddler both entered the state's custody in 2003.
A complaint was made to state child protection officials, accusing the mother of neglecting her baby by not following up on immunizations and other shots, said K. Danielle Edwards, a spokeswoman with the state Department of Children's Services.
Neither Tatum nor Edwards would identify the woman or her child, saying that identities of people involved in DCS and juvenile court cases are confidential.
Tatum said the written order in the case hadn't been filed yet and he couldn't recall whether his direction that the mother learn English was merely a suggestion or carried the legal weight of an official court order.
But local civil rights attorney Jerry Gonzalez said the latest case sounded ominously similar to another recent order issued by Tatum — a decision that Gonzalez is appealing.
In that case, Gonzalez said, Tatum ordered a Mexican woman in a child neglect case last year to learn basic English within six months. If she didn't comply, the lawyer said, a hearing was to be held to consider terminating the mother's parental rights to her 11-year-old daughter.
''Ordering a woman to learn English or lose her child, that's blatantly unconstitutional,'' Gonzalez said. ''The First Amendment allows all of us to speak whatever language we choose to speak. There's nothing compelling us to speak English, to learn English or be able to write English.''
He declined to present a copy of the order, saying the documents were sealed in juvenile court and that he could be held in contempt if he shared the document.
Judge Tatum said he could not immediately remember the case Gonzalez referred to because of the volume of cases that move through his courtroom. But, he said, he has issued similar English-training orders in three to five other cases.
He said the mother's ability to learn English in this week's case would not directly influence her custody over the toddler.
''There are no repercussions in terms of termination of parental rights,'' Tatum said.
Still, civil libertarians called any ruling that included such a provision unconstitutional and outrageous.
''This is clearly not acceptable, and we're worried that the judge has gone over the line,'' said Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee. ''A judge should not require a parent to learn English to have access to their child, and the government should not be telling parents how to communicate with their children.''
ACLU officials are considering filing a complaint against the judge or seeking to place a monitor in his courtroom, she said. Weinberg wasn't aware of similar cases in other areas, but acknowledged that they may be happening ''under the radar screen.''
Such rulings violate the constitutional requirement for equal protection and equal treatment under the law, she said.
''There's no relationship between being a good parent and speaking English,'' Weinberg said.
Luis Bustillos, a probation officer in Davidson County who also considers himself a Hispanic activist, said he didn't disagree with Tatum's ruling. ''It's not controversial,'' he said. ''As long as they are with their own people, there's no need for them to learn English. When they go work, they need to communicate in English.''
Bustillos said he came to this country in 1964 from Bolivia.
''It was very hard for me when I came here to learn English,'' he said. ''We need to bring the message to the community that if they (learn English), they will improve their status.''Is this guy right? :What the