IDAHO — English is already legally recognized as Idaho's official language. But this November, voters will decide whether to take that a step further, enshrining the requirement in the state constitution.
House Joint Resolution 6 would require English to be used in public proceedings, public documents, public instruction and other public acts, except when federal law requires otherwise. Placing that requirement in the constitution would make it more difficult to change than a regular state law.
But what would that mean for exceptions already in place?
University of Idaho College of Law professor Richard Seamon said the amendment could raise questions about everything from foreign language classes to how public schools support students learning English.
"One of the questions, and I think there's no clear answer to it, is whether this constitutional amendment, if adopted, would eliminate these exceptions, and if so, what the effect would be." Seamon said.
WATCH: University of Idaho College of Law professor weighs in on HJR 6
He expects federal law would still require schools to help students access their education.
"It really would strike me as extremely odd if this amendment prevented Spanish from being taught in the schools, for example, for students who want to or speak English and want to learn a second language," Seamon said.
But Seamon said some questions may only be answered as the amendment is put into practice.
"As a lawyer, I have to say it's impossible to write something that won't leave questions about meaning," Seamon said.
The Idaho Hispanic Foundation said that uncertainty is a concern for families who rely on Spanish to understand information from schools, health care providers and other public services.
Executive Director Mari Ramos said the foundation supports helping people learn English, including through free English classes. But learning a new language takes time, and Ramos said families still need access to important information in the meantime.
"The confusion now is, what does this do? What does it override? Does it mean that people are going to go without critical information?" Ramos said. "If you understand it the best way in your language, it just makes your access to community even better and you're wanting to be involved in community even stronger."
Seamon said the amendment could also lead to legal challenges over how it's interpreted and applied.
"I wouldn't be surprised if there were lawsuits arising out of this just based on a track record. Usually, when some new law's adopted, to the extent that people feel harmed by it and injured by it," Seamon said.
Idaho News 6 reached out to Rep. Dale Hawkins, the bill's sponsor, to learn more about the intent behind the proposal, but did not receive a response.
Early voting has already started in some counties. For more information on voting and where to cast your ballot, visit our voter guide.
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