Cherokee Nation

Daniel Heath Justice on Queer Indians and the Cherokee Nation

Matthew L.M. Fletcher1 Comment

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.

Onion: Cherokee Nation Makes Headlines as Fraction of Actress’s Bloodline

Matthew L.M. Fletcher

From the Onion:

CHICAGO—The proud and ancient Cherokee Nation was thrust into the spotlight during a taping of The Oprah Winfrey Show this week, taking center stage as one-eighth of actress Cameron Diaz’s ancestry. “How exotic,” Ms. Winfrey commented on the What Happens In Vegas costar’s heritage, briefly calling attention to the Cherokee people and their millennia of vibrant culture and tradition. “Tell us what it’s like working with Mike Myers.” The instance marked the highest-profile mention of the tribe since 1838, when thousands of Cherokee men, women, and children were forcibly rounded up and marched 1,000 miles to what is now known as Oklahoma.

Tyson Chicken Successfully Asserts Cherokee Treaty Rights in Environmental Defense

Matthew L.M. Fletcher

As we reported last fall here, poultry producers including Tyson Chicken asserted that many of the State of Oklahoma’s efforts to enforce state environmental laws against them must fail because the waterways at issue are owned at least in part by the Cherokee Nation. The Northern District of Oklahoma substantially agreed.

Here is the opinion (thanks to M.M.) — Tyson Opinion and Order

Gilcrease Museum Conference Announcement: “Emissaries of Peace”

Matthew L.M. Fletcher1 Comment

Here is the website and here is the postcard (Emissaries of Peace Symposium Invite2).

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Art work of four indians

Saturday, July 11, 2009

8:15 a.m. to 4:00 p.m.

Tom Gilcrease, Jr. Auditorium

Gilcrease Museum

1400 N. Gilcrease Museum Road
Tulsa, Oklahoma

Continue reading →

Kimberly Teehee Appointed to White House Position

Matthew L.M. Fletcher1 Comment

“This is an important appointment and one that bodes well for Michigan Tribes. Teehee worked in Kildee’s office for years and understands the needs of MI tribes better than many other possible appointees.” N.R.

From the NYTs:

President Obama made good on a campaign promise to have an American Indian adviser in the White House to counsel him on tribal issues. He appointed Kimberly Teehee as a senior policy adviser for Native American affairs. Ms. Teehee is a member of the Cherokee Nation and has worked for Representative Dale E. Kildee, Democrat of Michigan, for the last decade. She will be a member of Mr. Obama’s domestic policy council.

Utah Federal Court Invalidates Adoption of Cherokee Child for Violation of ICWA

Matthew L.M. Fletcher

Here is the unpublished, so far, opinion in the Matter of C.D.K. (D. Utah): In re CDK DCT Order

An excerpt:

The Court notes with some frustration that Petitioner or Intervenor could have greatly simplified the present inquiry by providing, at any point, documentary evidence that J.G.’s and E.G.’s mothers were original enrollees, listed as members of the Cherokee Nation on the Dawes Rolls. However, there is indirect evidence that J.G. and E.G. were both full-blooded Cherokee, indicating that their mothers would have been eligible for enrollment at the time that the Dawes Rolls were being compiled. The Court, therefore, finds that no reasonable factfinder could conclude that C.D.K. is anything other than a direct descendant of an original enrollee of the Cherokee Nation and that C.D.K. was a member of the Cherokee Nation, pursuant to the Membership Act, at the time of the Relinquishment Hearing. Therefore, C.D.K. was an Indian Child and the procedural requirements of the ICWA are applicable to the Relinquishment Hearing. Because the parties agree that the procedural requirements of the ICWA were not fully complied with, the adoption of C.D.K. by Respondents must be invalidated, pursuant to 25 U.S.C. § 1914.

United Keetoowah Claim against IHS Dismissed on Rule 19 Grounds

Matthew L.M. Fletcher

Here are the materials over this dispute where the IHS transferred an Indian health facility to the Cherokee Nation, over United Keetoowah’s objections. The case is United Keetoowah Band v. Kempthorne (E.D. Okla.).

United States Motion to Dismiss

UKB Response Brief

United States Reply Brief

United Keetoowah v Kempthorne DCT Order

Fort and Fletcher on the Indian Child Welfare Act

Matthew L.M. Fletcher1 Comment

Kathryn E. Fort has posted her paper, “The Cherokee Conundrum: California Courts and the Indian Child Welfare Act,” on SSRN. Here is the abstract:

This article was prepared for presentation at the American Indian Identity Conference held at Michigan State University, October 16-17, 2008. After classifying a year of Indian Child Welfare Act (ICWA) cases in state courts, it became apparent that California had both the highest number of ICWA cases and that most of these cases were because of noncompliance with the notice provision of ICWA. In addition, it became clear that the majority of California cases involved parents claiming Cherokee affiliation. This article concludes there could be many reasons for this, including an informal exercise of the Existing Indian Family doctrine at the social worker level.

And Matthew Fletcher posted “The Indian Child Welfare Act: A Survey of the Legislative History” on SSRN. Here is the abstract:

This paper is prepared for the University of Michigan Law School Native American Law Students Association’s annual Indian Law Day, April 10, 2009. The materials in this paper derive from an early draft of an amicus brief filed by the American Indian Law Section of the State Bar of Michigan in the Michigan Supreme Court case, In re Lee. The paper focuses on the legislative history of the Indian Child Welfare Act, with particular emphasis on Michigan.

Podcast on Indian Freedmen Panel at AALS

Matthew L.M. Fletcher

The podcast is here. Speakers included:

Bell Jeannine – Speaker

Kathryn Fort – Speaker

Kevin Maillard – Speaker

Carla Pratt – Speaker

G.W. Rice – Speaker

Sherri N. Thomas — Speaker

Matthew L.M. Fletcher — moderator

Tyson Foods Asserts Rights of Cherokee Nation as Defense to Environmental Suit

Matthew L.M. Fletcher1 Comment

Here’s an interesting Rule 19 motion — the State of Oklahoma has sued Tyson Foods and other poultry producers over the pollution of the Illinois River (news article here). The defendants now claim that the Cherokee Nation owns the riverbed and are therefore indispensable parties to the suit, mandating the dismissal of the suit if the Nation refuses to be joined as a party. (H/T Todd)

oklahoma-v-tyson-foods-amended-complaint

tyson-foods-rule-19-motion