In ND, disability language is on the ballot this fall

The Heart of the Matter: Disability Language in the Constitution

In North Dakota, this fall's election season is not just about property taxes and cannabis legalization. A lesser-known but crucial ballot question is poised to make a significant impact on how the state addresses disability. Constitutional Measure 1, which involves updating the language used to describe certain state institutions, has garnered bipartisan support and is a step towards a more inclusive and respectful approach to disability rights.

The Issue at Hand

The measure aims to amend sections 12 and 13 of article IX of the North Dakota Constitution. Specifically, it targets outdated terminology used in the descriptions of public institutions. Here’s what’s changing:

• State School for the Deaf and Dumb: This would be renamed to the State School for the Deaf and Hard of Hearing.
• State Hospital for the Insane: This would be renamed to the State Hospital for the Care of Individuals with Mental Illness.
• Institution for the Feebleminded: This would be renamed to a Facility for Individuals with Developmental Disabilities.

The Background

The use of such outdated terms has been a long-standing issue. In Nevada, for instance, a similar amendment is also on the ballot, aiming to remove words like "insane," "feeble-minded," and "dumb" from their state constitution. This movement towards modernizing language is not unique to Nevada; North Dakota is following suit with its own amendment.

The Supporters

State Rep. Kathy Frelich, who works at the North Dakota School for the Deaf, highlighted the importance of this change. "At one time, ‘dumb’ may have referred to someone who was mute. But this is not what we think of now when we use that term," she said. "This is a great opportunity here to replace the outdated terminology with words that are more accurate and respectful".

State Rep. Jon Nelson added, "I think it goes without saying that it’s time for this change to take place and to provide people with dignity as we deal with issues of all kinds." Both representatives emphasized the need for dignified language, reflecting a broader shift in societal attitudes towards disability.

Public Support and Awareness

Veronica Zietz, the executive director of North Dakota’s Protection and Advocacy Project, noted that this ballot measure is creating public awareness of disability issues and the value of people with disabilities. "This is an important step for our state as it signifies that how we talk about individuals with disabilities matters and all individuals deserve to be treated with dignity and respect," she wrote in an email.

The absence of formal opposition to this measure underscores the broad support it has received. Local press and anti-DEI national commentators have not criticized the proposal, indicating a bipartisan effort to address ableist language in government.

Voting in North Dakota

North Dakota’s voting system is generally accessible, with provisions for voters with disabilities. Eligible voters in mail ballot counties will be mailed an absentee ballot application, while in other counties, voters must request an application from their county auditor. Early voting begins on October 21, and voters can use the ExpressVote ballot marking device, which includes accessibility features such as larger fonts, audio, and contrast settings.

The Impact

The outcomes of both ballot measures could be indicative of how much public views on the harms of ableist language have changed. In 1998, Michigan voters were asked to change the word “handicapped” to “disabled” in their state constitution, and while it passed, it did so with less than 60% of the vote. North Dakota’s measure aims to achieve similar changes without any significant opposition.

Conclusion

Constitutional Measure 1 is not just about changing words; it’s about fostering a more inclusive and respectful environment for individuals with disabilities. By updating outdated terminology, North Dakota is taking a significant step towards dignity and respect for all its citizens. As this measure heads to the ballot, it reflects a broader national trend towards addressing ableist language in government. Whether or not it passes, this effort will undoubtedly contribute to a more nuanced conversation about disability rights in the state.

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References

• Ballotpedia
• AARP States
• Mother Jones
• NDPanda
• North Dakota Secretary of State