During a recent government meeting, significant discussions emerged regarding the legal implications of recognizing state-recognized tribes and the impact of blood quantum requirements on tribal membership. A speaker raised concerns that granting special privileges based on race could violate the Equal Protection Clause of the 14th Amendment. They highlighted that some tribes across the United States are contemplating lawsuits against states for benefits that they believe should not extend to state-recognized tribes, as these benefits could harm federally recognized tribes.
The speaker specifically addressed the issue of federal contracts, known as 8(a) contracts, which are designed for tribal entities. They argued that allowing state-recognized tribes to compete for these contracts undermines the interests of federally recognized tribes.
Additionally, the speaker called for the removal of blood quantum references from state laws, arguing that such requirements are remnants of historical policies aimed at diminishing tribal identities. They emphasized that these policies trace back to a \"genocide era\" when the federal government sought to eliminate tribal nations by imposing arbitrary membership criteria.
The speaker also mentioned ongoing efforts in Congress to amend the Jay Treaty, which affects the recognition of tribal members across borders, particularly for the Potawatomi tribes, which have bands in both the United States and Canada. They expressed a desire for a more inclusive approach that recognizes the interconnectedness of tribal communities regardless of imposed borders.
The meeting concluded with an acknowledgment of the speaker's testimony and a commitment to reviewing the notes and discussions further.