Daniel Heath Justice on Queer Indians and the Cherokee Nation

Daniel Heath Justice has published “Notes on a Theory of Anomaly” in GLQ: A Journal of Lesbian and Gay Studies (article here: Notes Toward a Theory of Anomaly.

Here is the abstract:

Recent laws against same-sex marriage in the Cherokee Nation provide the backdrop for this analysis of alternative models of Cherokee sexual diversity. Rather than seek identifiable historical precedent that is largely unavailable in the historical record and vehemently denied by the predominantly Baptist Cherokee majority, this essay argues instead for a modern queer Cherokee aesthetic that is both responsive to the contemporary experiences of gender- and sexuality-variant Cherokees and inspired by the late Mississippian category of “anomaly” as a queer-inclusive tribal model for belonging.

Subscribing to TT via Email

We’ve added a new feature to TurtleTalk–subscription to the blog via email.  Once you sign up, you will receive the text of the entire post.   This is slightly different than what our readers receive when they sign up to follow us on Twitter (@ILPCTurtleTalk).  Warning: our regular readers are aware that multiple posts go up on TT every day.  A subscription will send an email every time a new post goes up.

While I would love to be able to just sign everyone up who is interested, the site recognizes that I am already signed up for this subscription and doesn’t allow me to add others.  All our readers need to do is click “Sign Me Up” over on the right hand side of the blog where it reads “Email Subscription.”  If you are not a WordPress.com subscriber, just enter an email address and then click “Sign Me Up.”

Let us know if you have any trouble with this process.  Another easy avenue for reading TurtleTalk is an RSS subscription.  Sign up for Google Reader or equivalent program, click “add a subscription”  and add the TurtleTalk address.  There is also the option to click on “Entries RSS” on the right hand side of the blog under “Meta.”

And yes, this post was edited after I received my first email alert.  If you read or received that post, remember what I wrote about our level of IT support:  “TurtleTalk is run in house at the Indigenous Law and Policy Center with exactly as much technical support as you might expect of a Center made up of lawyers, professors and recent law school grads (note the lack of IT professionals on that list).”

Thanks for reading!

South Dakota Transportation Commission Finally Earmarks $$$ To Implement Pourier Decision

News article here.

The South Dakota Supreme Court’s most recent decision in the Pourier litigation is here.

More on Kaltag: Solicitor General Invitation Briefs (1997-2009 Terms)

Since the Supreme Court asked the Solicitor General to file a brief expressing the views of the federal government on whether the accept the Hogan v. Kaltag Tribal Council, we thought we’d drop links to prior invitation briefs:

Teck Camino v. Pakootas (06-1188)

Murphy v. Oklahoma (05-10787)

Sherrill v. Oneida Indian Nation (03-855)

South Florida Water Management Dist. v. Miccosukee Tribe (02-626)

Salt River Project v. Dawavendewa (98-1628)

A quick review of these briefs indicates that the OSG seems to side with tribal interests in each of these cases, but was unsuccessful in Sherrill and South Florida from persuading the Supreme Court from granting cert. Unfortunately, the Court does seem to usually grant cert over an invitation brief from the OSG recommending denial where the petitioner is a state or state subdivision. I’ve referenced this phenomenon in a short paper on the OSG here.

Lac du Flambeau Band Press Release on Wells Fargo Decision

Here: Vacate Decision Press Release

Supreme Court Asks Solicitor General for Views on Kaltag ICWA Case

Interesting development, and better than a grant, I suppose, but the Supreme Court has asked the Office of Solicitor General to express the federal government’s views in the Hogan v. Kaltag Tribal Council case — also known as a CVSG. Order list here.

It is extremely likely that the Court will decide whether or not to take the case based on the brief filed by the OSG.

Other materials here.

Cross-Motions for Summary Judgment in Saginaw Chippewa Reservation Boundaries Case

Here it comes — the case is captioned Saginaw Chippewa Indian Tribe v. Granholm (E.D. Mich.):

Federal Motion for Partial Summary Judgment

Michigan Motion for Partial Summary Judgment

Federal Response to State Motion for Summary Judgment

Michigan Response to Federal Motion for Summary Judgment

SCIT Response to Federal Motion

SCIT Response to State Motion

Federal Reply

Michigan Reply

Previous posts:

Materials on the Expert Witnesses

Materials on the “Rosebud Sioux” defenses

Materials on the laches defenses

Complaint

Little Traverse Tribal Court Opinions in Election Disputes

Available here.

Wells Fargo Motion to Vacate Prior Order Denied; As Is Motion to Amend Complaint

Here is that opinion: DCT Order Denying Motion to Vacate

Pechanga Disenrollments Cert Opposition

Here: Macarro Cert Opp

The petition is here. Lower court materials are here.