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The road to history-making can be rocky for any community. So it was for the Oglala Sioux Tribe on September 4, 2019, when the tribal council voted to enact a hate crime law that offers protection to its lesbian, gay, bi-sexual, transgender and queer or questioning (LGBTQ) citizens. Comprehensive data regarding tribal law codes is not available but according to Indian Country Today’s research, the Oglala Sioux Tribe is the first tribe to enact such a law. They are certainly the first tribe to do so in South Dakota. The tribe’s path to passing its hate crime law as well as a law recognizing same-sex marriage mirrors debates happening all over the United States as communities wrestle with responses to gender-fluid citizens’ calls for acceptance and protection. Like the rest of the country, much of the contention stemmed from religious differences. The topic, often reserved for discussions behind closed doors in Indian Country, drew heated words during the 2-day long council meeting on September 3 and 4th. Although the same-sex marriage law was passed by the council on July 8, 2019, some members presented a resolution on September 3 to rescind the law, claiming that their constituents wanted a chance to vote on it in a referendum. Several tribal citizens addressed the council including Vina White Face-Steele, who described herself as a born-again Christian. Regarding the same-sex marriage law she said, “This law is a moral sin; it is ungodly and unnatural, an abomination before the lord our god.” She cited several Bible verses in support of her statements. White Face Steele also expressed concern that a same-sex marriage law would protect sexual predators of children and claimed that most people on the Pine Ridge Reservation are not in favor of the law. “You will lose the land if you pass this law,” she warned.

Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. Federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. Any Indian under the jurisdiction of the Oglala Sioux Tribe, who has not yet reached their eighteenth (18th) birthday, shall be in a regular place of abode not later than 9:00 p.m. O'Clock each night preceding a regular school day and 10:00 p.m. O'Clock any other night, unless such person is accompanied by their parent or legal guardian. Oglala Sioux Tribe - OST, Pine Ridge, South Dakota. KEEPING THE OGLALA LAKOTA OYATE INFORMED DAILY.

Chairperson Julian Bear Runner responded, “I appreciate your knowledge of that way of life of the bible but your words were very hurtful for me to hear.” According to Bear Runner, the two spirit people have a place in Lakota culture and spirituality. “Our way of life existed before the bible,” he said. “Before I was baptized in the Roman Catholic Church, I was a Lakota. Before I served in the military, I was Lakota. Before I became tribal council president, I was Lakota and when I die, I will be Lakota. He stated that every citizen has a right to choose their own religion. He said, “As an elected official, my job is to ensure that the freedoms and liberties of all our citizens are protected so they have an opportunity and right to choose their ways of life.” The vote to rescind the same-sex marriage law was split evenly among the 20 council members. Bear Runner cast the deciding vote to deny the resolution. On the next day, September 4, the council voted in favor of enacting the hate crime law with 14 in favor, 2 opposed and 1 not voting. Under tribal law, hate crimes are now punishable by up to one year in jail, a fine and/or restitution. The council meeting and months leading up to the final vote for both the same-sex marriage law and hate crime law has been an emotional roller coaster ride for the two women who forwarded the legislation. Monique “Muffie” Mousseau and her wife Felipa De Leon, both Oglala Sioux tribal citizens, spend months traveling the Pine Ridge Reservation explaining the need for the laws. They conducted presentations at 8 of the reservation’s 9 districts; there was no quorum at one district meeting, so they were unable to formally deliver their prepared remarks. During interviews with Indian Country Today, Mousseau and De Leon described the events leading up to their decision to push for the laws as well as their struggle to live as a married couple on the Pine Ridge Reservation. “We’ve never been in the closet,” said Mousseau. “We’re open about our relationship; we’ve always been Muffie and Felipa,” she added. They began dating in 2005 and were married in 2015 under the federal law recognizing same-sex marriage. Problems began for the women, who identify as lesbian, as soon as they began living as a couple. Mousseau, a tribal police officer, was fired from her job in 2005 when she refused to end her relationship with De Leon. Shortly after her dismissal, they came home to find their home and car vandalized with the word, “faggot,” scrawled over the exterior of their house. “I tried to file a report with the police and they just laughed,” Mousseau recalled. She was shocked to learn that there were no tribal laws regarding hate crimes. Fearing for their safety, the couple moved off the reservation.

#INDIGENOUS first tribal hate crime law https://t.co/8mgxq15luJ

— Mary Annette Pember (@mapember) September 21, 2019 In 2008, a newly appointed police chief contacted Mousseau asking her to return to help out with the short-handed staff. “He said I was a good cop and asked me to come back,” Mousseau said. She returned to Pine Ridge as a police officer. All went well until the police chief position changed hands again in 2009. According to Mousseau, the new chief called her into his office informing her that she was to answer all ‘“faggot” calls that came into the police office. During one such call, the transgender man she arrested for intoxication asked to be placed in protective custody at the tribal jail. He complained that he was repeatedly raped during his last incarceration. “He told me that the jailers just laughed when he cried out for help,” Mousseau said. Jail staff refused to place the man in protective custody according to Mousseau. “The police chief said we can’t do that. When I asked him why he said, “faggots get what faggots deserve when they go to jail here,” she said. “That was a defining moment for us. We determined that our time on the reservation was done,” Mousseau said. “He was a police officer in charge of enforcing our laws and he was refusing to protect people; I decided I wasn’t going to put up with that,” she said. Again the couple moved away from Pine Ridge. Oglala Lakota Nation Passes Hate Crime Bill

Earlier this month, the Oglala Lakota Tribal Council passed important legislation protecting our #LGBTQ and #TwoSpirit relatives.

Posted by Julian Bear Runner, Oglala Sioux Tribe President on Wednesday, September 11, 2019 Friends and relatives began reaching out to the couple for advice and support in dealing with the high rates of assaults and suicides on the reservation relating to those who identify as LGBTQ. Mousseau and De Leon decided they needed to do something to help; they began working to pass laws protecting the rights of LGBTQ people on the reservation. “We’re not trying to right any past wrongs. We had to forgive the people who hurt us,” De Leon said. “We don’t want anyone else to experience the pain and hurt that we have just because they identify as LGBTQ,” Mousseau said. At last, the tribal council met on September 4 to decide the fate of the hate crime law. Anxiously, the women attended the meeting. “We wore our warrior clothing to the council meeting,” Mousseau said. “I wore my ribbon shirt and Felipa wore her ribbon skirt.” Several council members and a handful of citizens spoke in support of both laws during the council meeting. According to Mousseau, however, the couple stood alone. “I think many LGBTQ people in our community are too afraid to publicly support this,” Mousseau said.

Oglala Lakota Tribe may be first in Indian Country to pass hate crime law including LGBTQ peoplehttps://t.co/BOwBPpjNmG

— Mary Annette Pember (@mapember) September 19, 2019

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Indian Country Today interviewed several citizens who shared varied opinions about the role that LGBTQ people play in traditional Lakota culture and spirituality. In the accompanying video, elders describe LGBTQ people or “winkte” as revered with special roles in the culture; others describe them as bad people who should be banished. In the end, however, it was love of family and concern for children that supported both votes. “We cried behind closed doors after Vina called us abominations,” Mousseau said. “Many people spoke on our behalf the next day including straight men. That was the greatest feeling; it gave a heartbeat back to my heart,” she said. “Our LGBTQ takojas (grandchildren) can prosper in a safe healthy environment,” De Leon said. An unidentified citizen spoke to the tribal council prior to the hate crime vote. “The winkte are not going away. They are our family, part of our Oyate (extended family) and have the right to live and be safe,” he said. Mary Annette Pember works as an independent journalist focusing on Indian issues and culture with a special emphasis on mental health and women’s health. Winner of the Ida B. Wells Fellowship for Investigative Reporting, Rosalynn Carter Fellowship for Mental Health Journalism, the USC Annenberg National Health Fellowship and Dennis A. Hunt Fund for health journalism she has reported extensively on the impact of historical trauma among Indian peoples. She has contributed to ReWire.News, The Guardian, The Atlantic and Indian Country Today. An enrolled member of the Red Cliff Band of Wisconsin Ojibwe, she is based in Cincinnati, Ohio. See more at MAPember.com.

Ost Tribal Website

This story originally appeared on Indian Country Today on September 19, 2019. Oglala Sioux Tribe considers passing hate crime law (September 3, 2019)

Cheyenne River Sioux Tribe and Oglala Sioux Tribe leaders have rejected South Dakota Gov. Kristi Noem’s demand that they remove checkpoints meant to regulate traffic through their reservation, set up to prevent the spread of coronavirus on tribal land.

In early April, the tribes’ governments separately decided to regulate travel on and off their reservations via checkpoints. The Oglala Sioux Tribe closed the Pine Ridge Indian Reservation to all non-residents for non-essential travel, though vehicles could pass through without stopping. The Cheyenne River Sioux Tribe also restricted travel, limiting non-residents from entering their reservation unless on essential business or if the tribal government has granted them a travel permit. Residents and non-residents entering the reservation must fill out a health questionnaire.

On Friday, South Dakota Gov. Kristi Noem sent letters to Chairman Harold Frazier of the Cheyenne River Sioux Tribe and President Julian Bear Runner of the Oglala Sioux Tribe demanding that they remove the checkpoints from state and U.S. highways. Noem said if the checkpoints are not removed within 48 hours, she would take “necessary legal action,” according to a statement released Friday.

“We are strongest when we work together; this includes our battle against COVID-19,” Noem said in the statement. “I request that the tribes immediately cease interfering with or regulating traffic on U.S. and state highways and remove all travel checkpoints.”

The originals soundtrack list. On April 8, the U.S. Department of the Interior’s Bureau of Indian Affairs (BIA) released temporary guidance telling tribes to reach an agreement with state authorities before restricting travel on government-owned roads. “Neither consultation nor agreement among the tribal and state government occurred,” Noem said in her statement. “Regardless, the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe established checkpoints on state and U.S. highways to control and restrict non-tribal member travel.”

But both Frazier and Bear Runner maintain that they have the legal authority to have the checkpoints and they do not intend to remove them.

“We’re not doing anything wrong. We have every legal right to do what we’re doing,” Frazier tells TIME. “We’re just trying to save lives, and the lives of all the residents of this reservation, not just our [tribal] members.”

Both the Cheyenne River Sioux and the Oglala Sioux Tribe have issued stay-at-home orders and curfews, while the state of South Dakota has not.

Frazier says of now there is only one positive case of coronavirus on the Cheyenne River Sioux Tribe reservation. He says because of the checkpoint system, they know where that person went and who they came in contact with.

As of Saturday, there are at least 184 confirmed cases of COVID-19 among Native Americans in South Dakota, according to the state’s health department. There have been at least 3,393 confirmed cases in South Dakota as a whole, according to a track by Johns Hopkins University.

In a video posted to Facebook on Saturday, Bear Runner said that Noem had “threatened the sovereign interest of the Oglala people when she issued an ultimatum,” but continued, “we have a prior and superior right to make our own laws and be governed by them.”

He said he believes the tribe’s checkpoints are in “full” compliance with the BIA’s memorandum since they “have not closed non-tribal roads or highways owned by the state of South Dakota or any other government,” and it is not their intent to restrict access to such roads.

Gov. Noem’s office responded to TIME’s request for comment, saying that the governor’s letters to the tribal leaders speak for themselves.

Bear Runner said in the video that he had informed the state of South Dakota of their “tribal border monitoring plan” on several occasions, and only learned of Noem’s letter via news reports and social media.

Frazier tells TIME that he believes his tribe has many legal justifications, including in his tribe’s Constitution and in the Ft. Laramie Treaty of 1868, for their travel checkpoints. He added that, as of now, the Cheyenne River Sioux’s nine checkpoints “take less than a minute.”

According to a summary of the Cheyenne River Sioux Tribe’s checkpoint policies posted on social media, residents of the reservation are allowed to travel to areas within South Dakota that are not COVID-19 “hot-spots” as long as it’s for an “essential activity.” When they return to the reservation, they must fill out a health questionnaire at a checkpoint. Frazier also tells TIME that license plate numbers are written down.

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Ost Tribal Council

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