One thought on “Navajo SCT Dismisses Chris Deschene Appeal on Procedural Grounds

  1. earthlodgetruth October 23, 2014 / 2:57 am

    As noted, the requirement to speak Navajo language is not per se discriminatory, since the requirement applies to anyone applying for an official government position. It was further noted that while the requirement is not on its face discriminatory, the impact may in fact discriminate against younger Navajo members who are less likely to speak fluent Navajo (a trend that is true across Indian Country).
    We also know that tribes have a strong declared interest to save their respective languages, recognizing that the culture of the tribe was / is connected to the language. Many are doing just that through language programs, creation of translation dictionaries between English and tribal and so forth. The Navajo Nation is no different.

    What if the Navajo tribe were to require language classes of all young Navajo who live within the boundaries of the reservation as opposed to “by election,” would the language requirement then have a discriminatory affect? I don’t think so. As it stands, the language requirement does.

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