Monday
Some members of state-recognized Indian tribes say they will push for
the freedom to use eagle feathers during Native American rituals in
hopes of altering a federal decision allowing only federally-recognized
tribes access to the feathers and animal parts sacred to the culture.
the freedom to use eagle feathers during Native American rituals in
hopes of altering a federal decision allowing only federally-recognized
tribes access to the feathers and animal parts sacred to the culture.
& United Tribes of South Carolina Inc., is taking the lead on the
fight to obtain eagle permits in South Carolina, viewing it as both a
civil rights issue and a battle for religious freedom.
He and others believe the decision made last fall by the US Justice
Department’s Office of Tribal Justice is another chapter in a
centuries-old effort to thwart Native American religious and cultural
expression.
“The treatment of Native Americans points to an important irony:
Catholics, Jews, Quakers and Puritans all sought haven in America to
escape religious persecution in Europe,” Goins explained in an email.
“And yet throughout American history, Native American Indians and
indigenous peoples everywhere have been denied the very liberties
motivating the formation of these American states and countries.”
Barbara Morningstar Paul believes Native Americans stand alone in
suffering such persecution. She said Christians would be appalled if
they had to prove they were Christians before obtaining a cross; Jews,
likewise, would be dismayed if they could not wear a yamulke without
seeking government approval.
“We are the only race in the entire country that has to have permission
to be recognized for who we are,” says Paul, who retired as coordinator
of Native American affairs for the SC Commission for Minority Affairs.
“The bottom line is Native Americans are the only ones who have to prove
themselves in order to use religious objects.”
The Obama administration in October formalized and clarified a
long-standing policy that allows federally-recognized Native Americans
to possess or use eagle feathers for religious or cultural purposes.
Those tribes that do not have federal recognition — and there are many
in South Carolina — are in violation of the Bald and Golden Eagle
Protection Act and the Migratory Bird Treaty Act if they possess a
feather without a federal permit.
The policy does not affect eagle feathers, headdresses and other objects
that have been held and passed down through generations before laws
were passed in 1940 and 1962. Nevertheless, Paul, a member of the Black
Elk tribe in South Dakota, said she would be reluctant to publicly
display one of those feathers for fear of arrest.
The restriction “will certainly damper our experience in heritage
tourism,” said Goins, who worries that a federal official could disrupt a
Native American pow-wow in search of the illicit feathers.
Anthony Davidson, a retired chief of the Edisto, Natchez and Kusso
tribes, said he believes state-recognized tribes such as his should have
access to the eagle feathers.
“That’s our culture, that’s our heritage,” said Davidson. “We ought to be able to carry eagle feathers if we want to.”
He has a full headdress that once belonged to Chief Sitting Bull, who
defeated Gen. George Custer at the Battle of the Little Bighorn, a gift
that is allowed under the law because of the age of the headdress.
Sitting Bull apparently wore the headdress while performing in one of
the popular Wild West shows of the era.
But Davidson said he is not as focused on the feather issue because of
some of the closer-to-home problems the tribe wants to resolve.
“My particular tribe, we are trying to get a place for our seniors to
live in,” said Davidson. “It’s more important because they are our
elders.”
South Carolina has only one federally-recognized tribe, the Catawbas.
There are 12 state-recognized tribes and groups, including: Beaver Creek
Indians; Edisto Natchez Kusso Tribe of South Carolina; Pee Dee Nation
of Upper South Carolina; Pee Dee Indian Tribe of South Carolina; Santee
Indian Organization; Waccamaw Indian People; Wassamasaw Tribe of
Varnertown Indians; Chaloklowa Chickasaw Indian People; Eastern
Cherokee, Southern Iroquois and United Tribes of S.C.; Natchez Tribe of
South Carolina; Pee Dee Indian Tribe of Beaver Creek; and Piedmont
American Indian Association–Lower Eastern Cherokee Nation of South
Carolina.
Louie Chavis, chief of the Beaver Creek Indians, said the issue is so
politicized that he does not believe state-recognized tribes can
persuade Washington to change.
“I don’t believe they have enough manpower,” Chavis said. “I am also
aware of the greatest wall they will meet, which is federal law already
established. I just don’t see that there is enough interest. The federal
tribes will also have to sign off on this.”
Chavis said he knows Native Americans “who would run if someone tried to
give them” a feather because of the federal fines that can be incurred.
But many hold dear the sacred eagle feathers that have been passed down
through generations or given as gifts.
“They do not flaunt (the laws), yet on the other side we as a culture know what grandfather has given us,” he said.
The US Fish and Wildlife Service has made no arrests over possession of
eagle feathers in South Carolina, said Tom MacKenzie, media and tribal
relations representative for the services’s Southeast region. He said
game officials focus greater attention on illegal sales of eagle
feathers and other animal parts.
Source
Anonymous
says:
08:21
regardless if they are state or federally recognized should have rights
to use eagle feathers.
Anonymous
says:
11:08
federal government. I don't understand why this is a problem or should
be.
Anonymous
says:
11:23
recognize a tribe the it should so be allowed. If in doubt of a Natives
status, most do have status cards that can show their blood quantum
also to show they have a right to their heritage.
Anonymous
says:
13:02
the Eagle protection comes
first....The Federally Recognized tribe right comes from The Fact that
they are a "sovereign governments" and can pass laws as sovereign
however these state invented groups have no standing historic customs
or privileges to be exempt and cannot show a long standing historic use
of eagle feathers as religious most state tribes are recent invention
with no Eagle cultural use or connection they tend to mimic what they
see on tv as indian and then start using eagle parts.
These state groups are not Sovereign and cannot violate any federal Laws.
.Sovereignty
determines who can use Eagle parts not race!!! anyone can then claim
to have indian heritage or some vague tribal connection(state tribes
popping up everywhere)