Indigenous Thinkers

POSITION STATEMENT OF THE

NAVAJO NATION

RELATIVE TO ARIZONA LEGISLATURE

HOUSE APPROPRIATIONS COMMITTEE

AMENDMENTS TO SENATE BILL 1108

The Navajo Nation hereby expresses its shocked and outraged opposition to the House

Appropriations Committee amendments to Senate Bill 1108. The Navajo Nation states its position

that the amendments are unconstitutional under both the Arizona and United States Constitutions,

and contrary to a number of federal statutory laws. The Navajo Nation further states its position that

the amendment is poorly drafted and that its elimination from the provisions of Senate Bill 1008

would allow the relatively modest changes to the Homeland Security Board Advisory Councils to

proceed without undue delay.

The amendments to Senate Bill 1108 would prohibit Arizona public schools from including any

courses, classes, or school-sponsored activities deemed contradictory to the values of American

democracy or Western civilization. It is public knowledge that the amendments are derived from

an isolated matter involving an ethnic-studies course in the Tucson area, which has been criticized

for allegedly anti-American content. Whether or not the content could be reasonably characterized

as contrary to American values, the legislative response set forth in the amendments to Senate Bill

1108 are certainly not the least restrictive measures that could be fashioned to address any perceived

governmental interest in the matter.

The amendments to Senate Bill 1108 completely fail to define what constitutes teachings that would

'denigrate, disparage or overtly encourage dissent from the values of American democracy and

Western civilization.' This extremely vague language is most definitely vulnerable to constitutional

challenges.

The amendments to Senate Bill 1108 utilize vague language which invites inconsistent

interpretation. The use of the charged terms, “democracy, capitalism, pluralism and religious

toleration” begs the question of how these terms have been utilized in the shaping and molding of

peoples of different cultural backgrounds within the United States. It should be recognized that not

only are allegedly immigrant cultures affected by the broad ambit of these amendments. The

amendments to Senate Bill 1108 will negatively affect those cultures, like the Navajo culture, that

pre-date the democratic, capitalist culture addressed by the amendments. Similarly, the pluralism

and religious toleration practiced by the Navajo Nation, as well as other Native and non-native

cultures would be directly and negatively affected by these amendments.

The amendments to Senate Bill 1108 vaguely state that the inclusion of material relative to diversity

would be acceptable if the “activity as a whole does not denigrate, disparage or overtly encourage

dissent from the values of American democracy and Western civilization.' However, likely result

of such an amendment would be would likely be a chilling effect on public school instruction

regarding diversity and other cultures, including, Navajo culture, to ensure that they appear as lesser

and inferior to American democracy and Western civilization.

EXHIBIT A

The amendments to Senate Bill 1108 would allow the Superintendent of Public Instruction to

withhold state funding if a school violates outlined teaching provisions. The overbroad scope of the

discretion provided to the Superintendent to “withhold a proportionate share of state monies from

any public school” is a vague and unconstitutional grant of discretion to the Superintendent and

almost certainly an expansion of the authority granted Superintendent with regards to curriculum

and content within the public schools. As the funding currently and historically provided to public

school districts on and near the Navajo Nation has always been considerably less than legally

permissible, this added threat to the education of Navajo students within the Arizona public schools

is taken most seriously.

The amendments to Senate Bill 1108 would further prohibit public schools, universities and

community colleges from allowing ‘ race-based” organizations from operating on their campuses.

While Indian tribes and nations are not “race-based,” Native American organizations, including

Navajo organizations, would be directly and negatively affected by these amendments.

There are numerous Federal laws that protect the culture and language of Native Americans from

being directly and negatively affected by amendments such as those proposed for Senate Bill 1108.

They arise from the unique status of Native American culture and languages under Federal law. The

amendments to Senate Bill 1108 are in letter and spirit contrary to these Federal laws.

Finally, the amendments to Senate Bill 1108 are simply wrong-minded. Cultural pluralism doesn't

limit or hinder students. Cultural pluralism enhances their beings. Studies show that students who

learn about their language and culture have higher achievement, lower drop-out rates, and are more

able to perform within American democracy and Western civilization.