why blood quantum is problematic
But like I said, its not a reality, Fletcher said. Before the arrival of Europeans, many Indigenous tribes used lineal descent and defined Native identity through social-cultural-territorial definitions. The government hoped that using blood quantum would eventually eliminate Native peoplesthat intermarriage would dilute the amount of Indian blood in the population, causing descendants of Native peoples to become indistinguishable from the rest of the population. What do yall think? The event featured Megan Hill (Honoring Nations + Harvard Project on American Indian Economic Development), Dr. Elizabeth Rule (American University), Dr. Jill Doerfler (University of Minnesota Duluth), and Gabe Galanda (Galanda Broadman PLLC). It is certain that natives face serious inequalities in health care services and not genetically identifying as native can lead to improper health treatment. Copyright 2018 NPR. Whether by requiring a higher blood quantum for federal recognition and benefits, denying Indigenous people U.S. citizenship, or influencing tribes to adopt their own blood quantum requirements, White people have been the gatekeepers of Native American identity. [2] Professor Capers [], In his provocative essay, Against Prosecutors,[1] Professor Bennett Capers contributed to a now-robust conversation that was on the fringes just a decade ago. If mixed-race Black and Native people were categorized as Black, they were not entitled to the same benefits as full-blooded Native people. Blood quantum. The federal government used blood quantum to determine allotment eligibility and also granted Native people with lower blood quantums the ability to sell their allotments. Kids enrolled. If you're Native American, there's a good chance that you've thought a lot about blood quantum a highly controversial measurement of the amount of "Indian blood" you have. Throughout the Allotment Periodthe era in which the United States endeavored to define entitlement to tribal propertythe federal government used the Dawes Act to divide communal tribal lands into individual parcels, which it then distributed to individual Native Americans. Also I had no idea about South Africa and the nazis. I try my best to avoid these discussions. It is almost as if this erasure was premeditated by the government. The allotment period is best described here by the University of New Mexico, During the allotment period between 1887 and 1934, the term blood quantum was officially integrated into the legal status of native identity for the purpose of dividing reservation land into individual allotments. Although within the Dawes Act and preceding social and legal contexts, those with more Native blood often faced exclusion, gradually, federal benefits and tribal inclusion have become reserved for pure natives. The shift from dilution to preservation being advantageous may, in part, be attributed to high rates of intermarriage between Natives and other races. One of my biggest problems with blood quantum is even if you equate Nativeness to how much native blood you have, someone can be more Native than someone else but not be eligible for enrollment. Decades later, Congress and the Bureau of Indian Affairs (BIA) began to use blood quantum to release mixed-race Native people of certain blood quantum from restrictions on sales and taxation of their allotmentsmeaning their land could then be sold to White people and subject to taxation. And that ensured that every person who had at least one drop would be considered black and would be covered under these discriminatory laws and, even in the earlier days, enslaved. endstream
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The wise use of Cherokee sovereignty, however, counsels patience, not a rush to the polls, he wrote. The attorneys representing the Cherokee Nation in the lawsuit did not respond to requests for comment. There are Indian Hospitals and clinics only for use by tribal members. Does any other ethnicity have to enroll to be a member of their own ethnicity? Historically, blood quantum was a settler tool intended to limit Indigenous sovereignty. Later, they used blood quantum in treaties to limit the number of Native individuals receiving benefits. Fletcher, Indigenous Law and Policy Center, Rose Cuison Villazor, co-editor, "Loving v. Virginia in a Post-Racial World", Carla D. Pratt, law professor, Penn State University, Tiya Miles, historian, University of Michigan, Joanne Barker, associate professor, American Indian studies. Blood quantum was initially a system that the federal government placed onto tribes in an effort to limit their citizenship. These socially constructed categories of race are limiting and often create tension in self-identity. The Seminole Nation created a usage plan that said only Seminoles descended from members of the Nation as it existed in 1823 were eligible for the funds. They do not have enough blood quantum, and therefore oftentimes cannot be extended tribal membership. In part due to the influence of European-Americans, some Native American tribes, such as the Cherokee[4] and Seminole, have sought to exclude Freedmen and/or Black Native people from tribal citizenship and benefits. They specifically enroll based on that tribe's quantum, not the total Indian blood of the person. Under the sovereign immunity doctrine, Native tribes are protected from suit unless they voluntarily waive immunity or Congress abrogates it. In the context of developments such as urbanization, large numbers of Natives are in contact with non-Natives, increasing intermarriage rates. Thanks for all the info! Cherokee citizen Darren Buzzard wrote in a widely circulated email before the election, Dont let black freedmen back you into a corner. Together, we can create a more connected and informed world. Surplus reservation land was then open to homesteaders and corporations for purchase, creating patchwork quilt-like reservations with both American Indian and non-American Indian landholdings. But again, I would say that is certainly the minority of this side of the cases. Due to the blood quantum qualification, many people were ineligible, thereby effectively reducing the Indian holding of land. To receive land, members of the tribes were required to register on tribal rolls known as the Dawes Rolls. Native girls spend their lunches adding up blood quantum fractions, trying to figure out whether any babies will make the requirements for their tribe or their new boyfriends tribe. Anishinaabe Aki stretches multiple states and provinces and there are over 100 different bands. That is the question of the century. With the Dawes Commission, blood quantum use was particularly prominent. And, some Tribal citizens refused to sign blood quantum-related documents in protest, thereby losing their place on the Census rolls and, oftentimes, future citizenship for themselves and their descendants. Here's my interview with Elizabeth Rule, edited and condensed for clarity. h[ks) vs13Xz'k}? So this is a little long. 27 0 obj
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The Freedmens case also offers a chance to analyze examples of blood quantum rules outside of the American Indian context. Rooting resource allocation in blood politics allowed the federal government to forge a correlation between increased dilution of Indigenous blood and higher socioeconomic status, grounded in the European belief that White blood uplifted Native blood. Nonetheless, the words of Cherokee citizens like Darren Buzzard suggest that racism is undeniably present within the community. Some states defined one drop as one-eighth of Black blood, while other states defined it as even less. And so there's a desire to build up tribes' numbers and capacity in order to survive and perpetuate the tribe. This explains why, for example, biracial people who are Black and White have historically been viewed as Black instead of White. We are a fully remote workplace. Safe space my ass, if you silence native voices. For example, when we have children, our biological features are not split in half. Do you have to enroll to be White? As if the rest of us are responsible for the horrors that our nation was put through and the fact that we are the results of generations of survival. Wayne Ducheneaux II and Sally Fineday speak with the Counter Stories team about blood quantum. In 2007, a Cherokee vote granted membership exclusively to Cherokees by blood listed on the Dawes Rolls. What many people dont know is that blood quantum laws have been in effect for about three hundred years. Principal Chief of the Cherokee Nation Chad Smith denied accusations of racism in the exclusion of Freedmen, instead arguing that later Congressional legislation like the Five Tribes Act of 1906 abrogated Freedmen rights to citizenship. Other laws did not provide any definition of Indian identity, leaving it up to the courts to decide. Experiences like these raise questions about the meaning of indigeneity, including the use of historical blood-based classifications of people. Such unresolved questions continue to plague tribes today and underscore the importance of sustained community dialogue as a starting point to acknowledge the complexities of tribal identity. For Indigenous people, the blood-based rule is referred to as blood quantum, which measures the fraction of Indian blood that a person possesses. For example, if one parent has 14 Indian blood and the other has 12, their children will have 38 blood quantum. Press question mark to learn the rest of the keyboard shortcuts. Both restrictive rules could be understood as their ongoing quest to overcome the effects of their colonization and dispossession of their sovereignty and lands. Maya Harmon: Membership Development Editor, California Law Review Vol. Moving Closer to My Ancestors Means Letting Go of This Gender Binary, My Taino History Is Where I Will Find My Truest Self. The richest tribe in the US, the Shakopee Mdewakanton have members making over a million dollars a year with percap payments, but there only a few HUNDRED tribal members. The State of the Union: Unpacking the Recent Rise in Labor Unionization, Feminism is the New F-Word Populism & Patriarchy Among Young South Korean Men, More Than a Vaccine: An Opportunity to Bridge Gaps, The Happiest and the Most Racist: Institutional Racism in Nordic Countries. The blood quantum policy was first implemented by the federal government within tribes to limit native citizenship. However, tribes were granted the authority/ability to create their own enrollment qualifications after the Indian Reorganization Act of 1934. Where was the term derived from? I dont think the federal government was promoting miscegenation. With the Cherokee, if your blood quantum was over 50 percent they didnt allow you to manage your own land allotment and appointed a white overseer. Blood quantum can also make relationships complicated. 5Q~)Pv8Mgg%;q={I8&]m.?HC(x%_G{mF"Yb`2o" Others required reservation residency, ownership of land kept in a government trust, or tribal citizenship for federal recognition. One of the questions that kept coming up is: OK, so why don't tribes just ditch these blood quantum requirements and switch to an enrollment requirement that uses lineal descent? Are the clans recognized as their own tribes or each clan recognized as its own entity in a tribe ? Modern definitions of indigeneity within tribes closely mirror the nineteenth and early twentieth century European-American conceptions of race. "I use the term 'Colonial Catch 22' to say that there is no clear answer, and that one way or another, people are hurt," says Elizabeth Rule. There wasnt a single self identified queer in our town and suspected ones found regular beatings a part of their life. The concept of blood quantum dates back to the 18th century. For example, some nations are lowering blood quantum requirements and/or allowing prospective citizens to count blood from other Native nations in their calculations. My first memory of having blood quantum problems happened when I was four. This pattern would continue for years to come: people disapprove of my mixed family, our pale skin, low blood quantum, then my grandfather cuts ties. This guide provides a non-comprehensive beginners introduction to blood quantum and its implications for sovereignty. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups. In some tribes, people could gain tribal citizenship if they were born in, married or were adopted into, or had long-term residence within the tribal community, or if they assumed cultural norms such as religion and language. A Progressive Facade: Comparing the U.S. and Canadas Treatment of Indigenous Peoples, Carceral Institutions in the Era of COVID-19. Like all the New England tribes on the coast were whalers and fishers that literally travelled the world. Should it be? Typically. Maya Harmon, Blood Quantum and the White Gatekeeping of Native American Identity, Calif. L. Rev. And because fractions factor so little into everyones sexual attraction. Diversity of experience within and among tribes suggests that there is no one-size fits all approach to defining a Native person. Looking forward, sustained, open community dialogues can foster recognition of these complexities by considering the legacy of colonization, lived realities, and pre-colonial practices from a time when Indigenous Peoples had ultimate authority over their land. [4] The Cherokee Supreme Court recently ruled that the words by blood would be removed from the Cherokee Nation constitution and other legal doctrines, thus allowing descendants of Cherokee Freedmen to have full citizenship rights. Many Native nations, including the Navajo Nation and the Turtle Mountain Band of Chippewa Indians, still use it as part of their citizenship requirements. If someone was Black and Native American, they were Black (unless they were seeking U.S. citizenship), no matter how much Native American blood they had. That system is the blood quantum Some dont believe that blood quantum requirements will change in the near future. While I was open to many possibilities, few (if any) could create blood quantum approved babies. Im a huge fan of Russell Means. Their policy Some Freedmen pushed back on this exclusion, including Marilyn Vann, a descendant of the Cherokee Freedmen and President of the Descendants of the Freedmen of the Five Civilized Tribes. The amount a person has is measured in fractions, such as or . She's aligned herself with Jacqueline Keeler's batshittery, and is suuuuper shitty to the Mtis community. Sometimes its strangers, tribal officials, or Indian Health Services staff. Sure, I could control whether or not to act based on my desires, but the interest itself was uncontrollable. And his son Tatanka Means. FOR OUR DAUGHTER[S] . The federal government used this strategy to further strip Native nations of their land base. And so why do tribal governments not have to follow these agreements? Vann asked in an interview with the HPR. I can understand why some tribes still use blood quantum but I am extremely thankful my tribe doesn't. My tribe also doesn't offer per cap, but we do have other benefits and services that are provided. Color Bloqs cofounders and core staff of dedicated queer & trans people of color need your help. Of course, there is a desire on some individuals' part to claim an identity for affirmative-action purposes. The government saw blood quantum as a way to strip. But because Whiteness was seen as an empty racial and cultural category, if someone was White and Indian, they were Indian. Further, some people who had no Indian ancestry managed to acquire places on the rolls through dishonest means in order to receive land allotments. The process was long and complicated; some people of Native ancestry were denied enrollment while others actively resisted registration. My desires had few, if any, barriers. 37 0 obj
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The federal government, and specifically the Department of the Interior, issues what is called a "Certified Degree of Indian Blood," and that is a card similar to an ID card. Join us. Use of blood language reentrenched paternalistic conceptions of the governments responsibility to rescue redeemable mixed-blood Natives, based on the belief that an individuals competency in managing their affairs was inhibited by the possession of more Native blood. [1] Throughout this article, I use the terms Native, Indigenous, Indian, Native people(s), and Native American interchangeably because there is disagreement among Native Americans regarding how they would like to be labeled. We encourage readers to stay up to date on conversations happening around blood quantum and citizenship within the Native nations and communities closest to them. Blood Quantum, as a way to ascribe Native American membership, has dire consequences. Create an account to follow your favorite communities and start taking part in conversations. Blood Quantum is a strategy used by the government and tribes to authenticate the amount of Native blood a person has by tracing individual and group ancestry. ne of the frustrating elements of U.S. recognized tribal community can be summed up in two words: blood quantum. Many Native nations also had ways of granting citizenship to non-kin, such as adoption and marriage. Although allotments were denied to some people of mixed descent, the federal government accepted signatures of mixed-descent Native people in cession agreements. . [1] His goal is to empower the victims of crime to make decisions currently made by public prosecutorswhether to bring charges, what the charges should be, and how the cases should be resolved. I would argue that in this regard, tribes were influenced by European-Americans to at least some degree. This effectively excluded Freedmen because they were not recognized as members of Seminole Nation until 1866. How did people know that those original enrollees had "full blood quantum"? With your support, GBH will continue to innovate, inspire and connect through reporting you value that meets todays moments. Suddenly, I was surrounded by Indigenous students. Not feeling sexual attraction toward anyone was queer enough to start fights, just like the potential proof of interest in the wrong people. Proven bio dad enrolled? Yet it is ironic that tribes that have themselves been subject to racial discrimination through the federal governments use of blood quantum rules have now adopted the very same rules to promote their own sovereignty. My grandfather cut ties with his brothers after that long, loud battle. Cherokee slavery was a product of warfare between tribes, sometimes to repopulate a community after intertribal conflict or disease. From the time that European colonists set foot on American shores and made contact with Native[1] peoples, they have sought to control the land and resources that first belonged to the tribes. Specifically, Freedmen, the descendants of Black slaves of the Cherokee, Chickasaw, Choctaw, Muscogees (Creeks), and Seminole tribes, have faced significant exclusion. You've used the phrase "personal gains" before to refer to some people who might've claimed Indian heritage. For example, in In re Camile, a federal court in Oregon held that Native Americans who were not citizens and were applying for citizenship must have more than 50 percent White blood to qualify as White and thus qualify to be naturalized. In 1893, the Dawes Commission was created to enforce the provisions of the act for the Cherokee, Chickasaw, Choctaw, Muscogees (Creeks), and Seminole tribes. And first, I want to be clear that I don't intend to speak on behalf of any specific tribes or even on behalf of my own, but I'm happy to walk you through some of those arguments that exist in support of maintaining blood quantum requirements for tribal membership. Every answer to this request is insufficient because our tribal community continues to grow smaller. hb```f``g`a`Nc`@ &G@V9%ro3{Plda`RL!|F `
With the development of colonialism in North America, metaphorical understandings of blood were replaced by European associations of blood to physiological characteristics. why blood quantum is problematic. If you follow blood quantum, you can trace every native line to its extinction. In an 1886 Reconstruction treaty between the Cherokee Nation and the United States, Freedmen were given the opportunity to define themselves as tribal citizens within six months of ratification of the treaty. In contrast to Native American racial identity, which has typically required a large amount of Indian blood in order to be considered Indigenous, people have been considered Black throughout history if they had even the smallest percentage of African blood, a phenomenon called the one-drop rule. The one-drop rule was intertwined with the rule of hypodescent, which is when a mixed-race person is classified as the less socially dominant race of their parents. Garrouttes framework would nurture a counter-hegemonic narrative based in a sacred logic to which notions of genealogical distance and blood quantum are foreign and even irrelevant. This becomes apparent in groups like the Cherokee Nation, in which pre-colonial definitions of identity were not biological. Too many contradictions, too many genders, too many traumas, too many paths leading who knows where. When the Bureau of Indian Affairs began recording blood quantum designations in the 1880s, white settlers had the final say when it came to the numbers. Blood quantum did not play a role in determining Tribal citizenship until the Indian Reorganization Act was passed in 1934. [3] A Freedman is a formerly enslaved person or a descendant of a formerly enslaved person. The use of Euro-American definitions of identity is outdated, as is blood quantum. 2022 Harvard Political Review. Their policy of blood quantum eliminated us politically. Their hope was that eventually we would have children with other races and no longer have enough indigenous blood to have a tribe. When I became a teenager, my family started requesting grand babies. Thank you for sharing your powerful words. Settlers upheld their conception of a superior White race by fabricating a link between Native blood and biological inferiority. Each donation is tax-deductible, and helps us further our mission to build a community of queer & trans people of color. What dangers are posed when tribes and the federal government continue to define what it means to be Native American? She enjoys reading, painting, sewing, and traveling. The majority still do. Find my Truest Self people who might 've claimed Indian heritage beginners introduction to blood quantum use particularly! If any, barriers polls, he wrote concept of blood quantum a! Letting Go of this Gender Binary, my Taino History is Where I will Find Truest. 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