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[[File:Indigenous Americans by county.png|thumb|upright=2.5|<div style="text-align: center">Proportion of Indigenous Americans in each county of the [[List of states and territories of the United States|fifty states]], the [[District of Columbia]], and [[Puerto Rico]] as of the [[2020 United States Census]]</div>]]
'''Native American civil rights''' are the [[civil rights]] of [[Native Americans in the United States]]. Native Americans are citizens of their respective [[federally recognized tribes|Native nations]] as well as [[Citizenship of the United States|of the United States]], and those nations are characterized under [[United States law]] as "[[Tribal sovereignty in the United States|domestic dependent nations]]", a special relationship that creates a tension between rights retained via [[tribal sovereignty]] and rights that individual Natives have as [[U.S. citizen]]s. This status creates tension today but was far more extreme before Native people were uniformly granted U.S. citizenship in 1924. Assorted laws and policies of the United States government, some tracing to the pre-Revolutionary [[European colonization of the Americas|colonial period]], denied basic [[human rights]]—particularly in the areas of cultural expression and travel—to indigenous people.<ref>{{cite web|url=http://americanindiantah.com/history/cron_1871_1934.html|title=American Indian Civics Project: 1871 to 1924- Allotment and Assimilation|work=americanindiantah.com|url-status=dead|archive-url=https://web.archive.org/web/20110716021641/http://americanindiantah.com/history/cron_1871_1934.html|archive-date=2011-07-16}}</ref>

Although the [[Classification of indigenous peoples of the Americas|many tribes and peoples]] indigenous to the United States have varying civil rights priorities, there are some rights that nearly all Native Americans are actively pursuing. These include the protection of [[Native Americans in United States elections#Voter suppression|voting rights]] and resistance to the [[cultural assimilation of Native Americans]]. Many tribes that live on [[Indian reservation]]s are currently facing the destruction of surrounding environments and water sources, [[reservation poverty|depressed economies]], [[Sexual victimization of Native American women|sexual violence against women]], and [[Alcohol and Native Americans|substance abuse]].<ref>{{Cite news|url=https://www.huffingtonpost.com/entry/13-native-american-issues_us_55b7d801e4b0074ba5a6869c|title=13 Issues Facing Native People Beyond Mascots And Casinos|last=NoiseCat|first=Julian Brave|date=2015-07-30|work=Huffington Post|access-date=2018-10-31|language=en-US}}</ref>

== Precontact with Europeans ==
Before colonization, many Natives lived in [[North America|North]] and [[South America]]. Native American peoples' cultures, origins, religions, and languages are vastly diverse. The story of these tribes that survived [[European colonization of the Americas|European colonization]] have mostly been passed through [[Oral storytelling|oral stories]] traditions.

Religious practices among Natives, pre-colonialism range from individual prayers, rituals, and offerings to large intertribal ceremonies. [[Pre-Columbian era|Precontact]] Religion was often closely tied to the land and the environment.<ref name="JUtter">{{Cite book |title=American Indians: Answers to Today's Questions |last=Utter |first=Jack |publisher=University of Oklahoma Press |year=2001 |isbn=0806133139 |edition=2nd |url=https://books.google.com/books?id=yh9j9Dd5uoAC&pg=PA145 |page=145}}</ref> These concerns include the omnipresent, invisible universal force, and "the three 'life crises' of birth, puberty, and death", spiritual beings, revelations, human intercessors into the spirit world, and ceremonies that renew communities.<ref name="JUtter" />

== 1585–1786: Initial meetings ==
In 1585, an [[Indigenous peoples of the Americas|American Indian tribe]] on the eastern coast of North America made contact with English explorer [[Richard Grenville]], who set up a settlement called [[Roanoke Colony]]. The Native people proved hospitable and receptive to Grenville, however, when one a small silver cup was stolen from him, Grenville and his men sacked and burned down an entire village in revenge.<ref name=":1">{{Cite book|title=The People's History of the united States|last=Zinn|first=Howard|publisher=HarperCollins|year=2003|isbn=9780061965586|location=New York City|pages=[https://archive.org/details/peopleshistoryof00howa_1/page/12 12–22]|url-access=registration|url=https://archive.org/details/peopleshistoryof00howa_1/page/12}}</ref> By 1586, the English settlement had been abandoned. Grenville returned to England with a Native American captive called [[Raleigh (Native American)|Raleigh]].<ref>[https://books.google.com/books?id=A_T0GyxK9DYC&dq=Aquascogoc&pg=PA93 Miller, Lee, ''Roanoke: Solving the Mystery of the Lost Colony''] Retrieved April 2011</ref>

In 1607, decades after the interaction between the tribe's folk and Grenville, [[John Smith (explorer)|Captain John Smith]] established the colony of [[Jamestown, Virginia|Jamestown]] in the middle of the [[Powhatan Confederacy|Powhatan confederacy]] in what is now [[Virginia]]. [[Powhatan (Native American leader)|Powhatan]], the leader of his tribe, refrained from attacking the colonists as they established their settlement. Despite this, conflicts quickly broke out between the colonists and the Powhatan.<ref name=":1" /> Chief [[Powhatan (Native American leader)|Powhatan]] wrote in a letter to [[John Smith (explorer)|John Smith]]:<blockquote>I have seen two generations of my people die...I know the difference between peace and war better than any man in my country... Why will you take by force what you may have quietly by love? Why will you destroy us who supply you with food? What can you get by war? We can hide our provisions and run into the woods; then you will starve for wronging your friends. Why are you jealous of us? We are unarmed, and willing to give you what you ask, if you come in a friendly manner, and not so simple as not to know that is it much better to eat good meat, sleep comfortably, live quietly with my wives and children, laugh and be merry with the English, and trade for their copper and hatchets, than to run away from them and to lie cold in the wood, feed on acorns, roots, and such trash, and be so hunted that I can neither eat nor sleep... Take away your guns and swords, the cause of all our jealousy, or you may all die in the same manner.</blockquote>

In the winter of 1609 through 1610, the residents of Jamestown had little food or effective shelter as they experienced the [[Starving Time]]. In December 1609, [[John Ratcliffe (governor)|John Ratcliffe]], who succeeded Smith as president of the colony, and around 50 colonists went to meet with a group of Powhatan Indians to bargain for food. However, they were ambushed and only 16 survived. Ratcliffe was captured and later tortured to death. This marked the beginning of [[First Anglo-Powhatan War]].<ref>{{Cite news|title=Rethinking Jamestown 
|url=https://www.smithsonianmag.com/history/rethinking-jamestown-105757282/|date=2005-01-01|access-date=2022-04-10|newspaper=Smithsonian Magazine|language=en}}</ref><ref>Wolfe, Brendan. [https://encyclopediavirginia.org/entries/first-anglo-powhatan-war-1609-1614 First Anglo-Powhatan War (1609–1614)]. (2021, February 17). In Encyclopedia Virginia.</ref> The Powhatan tribe integrated and cared for some of the colonists who deserted Jamestown to live with them, as they were much more prepared for the harsh winter.<ref name=":1" /> In the summer of 1610, when the governor of Virginia Colony, [[Thomas West, 3rd Baron De La Warr|Lord De la Warr]] requested that Powhatan return the runaways, the Powhatan chief showed no intention to bring them back. In response, the colonists raided and sacked the [[Paspahegh]] capital, which was a tributary tribe to the Powhatan, killing at least 15 Natives, and kidnapping the wife of the village chief and their children.<ref name=":1" /><ref>Schlotterbeck, J., ''Daily Life in the Colonial South'', Greenwood, 2013, p. 333, {{ISBN|978-0313340697}}</ref> The war lasted until 1614, however, conflict resumed in 1622, when the Powhatan [[Indian massacre of 1622|massacred Jamestown]] in March 1622, killing around a third of the inhabitants, 347 colonists.<ref>Spencer C. Tucker; James R. Arnold; Roberta Wiener (30 September 2011). 'The Encyclopedia of North American Indian Wars, 1607–1890: A Political, Social, and Military History''. ABC-CLIO. p. 332. {{ISBN|978-1-851096-97-8}}.</ref> This caused [[second Anglo-Powhatan War]] that would last until 1632.

===Christianization and assimilation===
Many European [[Missionary|missionaries]] believed that it was their sacred duty and calling from God to convert Native Americans to [[Christianity]].<ref>Sale 27</ref><ref name="Law of Nations">{{Cite book |last1=Green |first1=Leslie C. |title=The law of nations and the new world |last2=Dickason |first2=Olive Patricia |publisher=University of Alberta |year=1989 |isbn=978-0888641298}}</ref>{{rp|p=173}} Spaniards practiced Christianization in the New World using [[Pope Alexander VI]]'s papal bull, ''[[Inter caetera]]''. This allowed rulers to assert control over [non-Christian] countries and islands "discovered" by Columbus, including their residents and inhabitants, and convert them to Catholicism.<ref name="Law of Nations" />{{rp|p=5}}<ref>{{Cite book |title=European Treaties bearing on the history of the United States and its Dependencies to 1648 |publisher=Carnegie Institution of Washington |year=1917 |editor-last=Davenport |editor-first=Frances Gardiner |location=Washington D.C. |page=62}}</ref>

English missionaries developed "[[praying town]]s" to create "orderly Christian communities filled with model converts who were living and working under the watchful eye of a priest or pastor".<ref>Ronda, James P. and Axtell, James. Indian Missions. Bloomington: Indiana University Press, 1978. p.29</ref> Within these communities, converts to the Christian faith would be placed in a separate area from the remainder of the tribe in order to prevent regression back to their native beliefs. Missionaries such as [[John Eliot (missionary)|John Eliot]], a [[Puritan]], and [[Isaac McCoy]], a [[Baptist]], led the way in the spread of their beliefs within these types of towns and among the natives. These towns led the way to the future separation of the natives from the remainder of society in [[Indian reservation|Native American reservations]].

== 1787–1899: Creating the Constitution ==
See the [[Indian Appropriations Act]]s.
 
The 1851 Indian Appropriations Act allocated funds to move Western tribes onto [[Indian reservation]]s where they would be protected and enclosed by the United States government. According to the federal government at that time, reservations were to be created in order to protect the Indians from increasing numbers of [[Manifest Destiny|White Americans moving to the West]].<ref>{{cite book|last=Bennett|first=Elmer|title=Federal Indian Law|year=2008|publisher=The Law book Exchange|isbn= 9781584777762|pages=201–203}}</ref>

== 1900–1945 ==

=== Criticizing colonialism ===
Native peoples have been active in educating nonnatives on the cultures, histories, and experiences of their tribes since the beginning of colonization. Chief [[Plenty Coups]] of the [[Crow Nation|Crow Nation in Montana]] and [[Alfred Kiyana]] of the [[Meskwaki Settlement]] in Iowa spoke to historians, [[anthropologist]]s, and journalists through translators to criticize the idea of "American progress" and to express pride and faith in the identities of their own cultures.<ref name=":0">{{Cite book|title=The Native North American Almanac|last=Champagne|first=Duane|publisher=Gale Group|year=2001|isbn=0787616559|location=Farmington Hills, MI|pages=597–618}}</ref>

[[Charles Eastman]], a Mdewakanton and Wahpeton Sioux and physician, published books and articles in [[English language|English]] for American people to show that it is not savage that Native people celebrate what [[Mourning dove|Mourning Dove]] called the "ancient way". In 1902, [[Gertrude Bonnin]] told the ''[[Atlantic Monthly]]'' that the traditions of her tribe, the [[Yankton Dakota]] Sioux, were not only equal to European Americans, but that their values were superior.<ref name=":0" />

=== Involvement with United States politics ===
In 1903, [[Charles Eastman]], a [[Santee Dakota]]n and Native representative, was requested by [[Theodore Roosevelt]] to help Sioux people choose English names in order to protect their lands from being taken. Lands registered with the birth and natural names of Natives were often lost due to confusion the United States government employees had with filling paperwork.<ref>{{Cite news|url=https://www.u-s-history.com/pages/h3898.html|title=Ohiyesa, or Charles A. Eastman|access-date=2018-10-31|language=en}}</ref>

The [[Federal government of the United States|United States government]] has a strong history making deals with Native Americans and not keeping them. Thomas Bishop, a [[Snohomish people|Snohomish]] man, recorded his elders' memories of U.S. promises and compared them to the actual texts in [[Native American treaties|treaties]]. He published a piece based on these discrepancies in 1915 titled "An Appeal to the Government to Fulfill Sacred Promises Made 61 Years Ago". Following this, he and other citizens of [[Pacific Northwest tribes]] organized all the [[Tulalip]] agency [[Indian reservation|reservations]] and several off-reservation communities into the [[Northwestern Federation of American Indians]] with the goal of redeeming promises made in treaties.<ref name=":0" />

== Post World War II: 1946–1959 ==
Many [[Native Americans and World War II|Native Americans]] aided the United States in [[World War II]]. Veterans came back from serving, only to find that the U.S. government and American people would not recognize their contributions to the war effort. This encouraged Natives to begin moving towards activism that was more focused on [[Tribal sovereignty in the United States|tribal sovereignty]] and [[self-determination]].<ref name=":0" />

Advocacy groups, such as the [[National Congress of American Indians]] (NCAI), which was founded in 1944, began representing tribal interests to the public and to [[United States Congress|Congress]]. The NCAI's founding members came from a wide variety of professionals including veterans, anthropologists, lawyers, elected state and federal officials, and a professional baseball player, George Eastman, and half of them had previously served on [[Indian Rights Association]]-chartered tribal councils. At least four of them were also members of the [[Society of American Indians]].<ref name=":0" />

== Civil rights movement era: 1960–1968 ==
{{See also|Red Power movement}}
In 1961, the [[National Indian Youth Council]] formed in pursuit of "a greater Indian America". The organization members were young and had grown out of a summer program that brought students from all around the U.S. to [[Boulder, Colorado]], and introduced to the [[Southwest Regional Indian Youth Council]] so that they could learn about the Native state of affairs. The organizations' members, people such as [[Clyde Warrior]], [[Melvin Thom]], [[Vine Deloria Jr.]], and [[Hank Adams]], rejected beliefs that Natives were unable to help themselves or that they needed to adopt American society as their own. They were seen as an upset to norms in the Native community, as they were much younger than other recognized leaders of Native civil rights movements. They emphasized [[Direct action|direct protest action]] and pursued [[federal recognition]] of several then-[[Unrecognized tribe|unrecognized Native nations]]. They also organized the first conference where unrecognized Native community members, tribal chiefs, and U.S. chairpersons shared a public stage.<ref name=":0" />

===Indian Civil Rights Act of 1968===
With the law of the [[Indian Civil Rights Act]] (ICRA) at the time, also called the Indian Bill of Rights, the indigenous people were guaranteed many civil rights they had been fighting for.<ref>Robert J. McCarthy, Civil Rights in Tribal Courts; The Indian Bill of Rights at 30 Years, 34 IDAHO LAW REVIEW 465 (1998).</ref> The ICRA supports the following:<ref>(Sokolow)</ref>
* Right to [[free speech]], [[Freedom of press|press]], and [[Freedom of assembly|assembly]]
* Protection from unreasonable invasion of homes
* Right of criminal defendant to a speedy trial, to be advised of the charges, and to confront any adverse witnesses
* Right to hire an attorney in a criminal case
* Protection against self incrimination
* Protection against [[cruel and unusual punishment]], excessive bail, incarceration of more than one year and/or a fine in excess of $5,000 for any one offense
* Protection from [[double jeopardy]] or ''[[ex post facto]]'' laws
* Right to a [[jury trial]] for offenses punishable by imprisonment
* Equal law protection [[due process]]

Other civil rights such as [[sovereignty]], hunting and fishing, and voting are still issues facing Native people today.

== Contemporary movements (1969–present) ==
There has been increased dialogue around the controversy of using Native American symbols such as for school or team mascots. Concerns are that the use of the symbols distort Native American history and culture and often stereotype in offensive ways.<ref>{{cite journal |last=Hemmer Jr |first=Joseph J. |date=March 18, 2008 |title=Exploitation of American Indian Symbols: A First Amendment Analysis |url=http://muse.jhu.edu/journals/american_indian_quarterly/v032/32.2hemmer.html |journal=The American Indian Quarterly |volume=32 |issue=2 |pages=121-140 |doi=10.1353/aiq.2008.0017 |s2cid=201773549 |via=muse.jhu.edu|url-access=subscription }}</ref> In 2020, the [[Washington Redskins]] retired their name and logo (which depicted a side profile of a Native American man), following public outcry that the team's branding was offensive to Native Americans.<ref name="NFL-controversy">{{Cite web|last=Sanchez|first=Rosa|date=13 July 2020|title=NFL's Washington Redskins to change name following years of backlash|url=https://abcnews.go.com/US/washington-redskins-change-years-backlash/story?id=71744369|website=[[ABC News (United States)|ABC News]]}}</ref> In a statement, the [[Navajo Nation]] said the decision marked a "historic day for all Indigenous peoples around the world as the NFL Washington-based team officially announced the retirement of the racist and disparaging 'Redskins' team name and logo".<ref name="NFL-controversy"/>

There has been significant controversy, including a [[Dakota Access Pipeline protests|number of protests]], around [[oil pipelines]] that run near tribal territory, particularly the [[Dakota Access Pipeline]] and the [[Keystone XL Pipeline]]. Many Native American tribes and people believe the pipelines threaten their water supply,<ref>{{Cite web|date=20 October 2020|title=Tribes make new move to shut down Dakota Access Pipeline|url=https://apnews.com/article/dakota-access-pipeline-native-americans-courts-18291eae6f58715ba30b3bb77f05a5c7|website=[[Associated Press]]}}</ref> could damage cultural and religious sites,<ref>{{Cite web|last=Levin|first=Sam|date=3 November 2016|title=Dakota Access pipeline: the who, what and why of the Standing Rock protests|url=https://www.theguardian.com/us-news/2016/nov/03/north-dakota-access-oil-pipeline-protests-explainer|website=[[The Guardian]]}}</ref> and violate treaties guaranteeing "undisturbed use and occupation" of tribal land.<ref>{{Cite web|title=Treaties Still Matter: The Dakota Access Pipeline|url=https://americanindian.si.edu/nk360/plains-treaties/dapl|url-status=live|archive-url=https://web.archive.org/web/20210130013359/https://americanindian.si.edu/nk360/plains-treaties/dapl|archive-date=30 January 2021|access-date=2 February 2021|website=[[National Museum of the American Indian]]|publisher=[[Smithsonian Institution]]}}</ref>

After years of lack of schooling for Natives Americans, the [[National Indian Education Association]] (NIEA) was created to give equal education to Natives in 1969.<ref>{{Cite web |url=http://seamonkey.ed.asu.edu/~mcisaac/emc598geold97/Spring97/5/eshel5.htm |title=Issues in Native American Education |access-date=December 6, 2008 |archive-url=https://web.archive.org/web/20081105134413/http://seamonkey.ed.asu.edu/~mcisaac/emc598geold97/Spring97/5/eshel5.htm |archive-date=November 5, 2008 |url-status=dead |df=mdy-all }}</ref>

In April 2023, Native American advocates, such as the Native American Journalist Association, went to the [[United Nations]] to seek legal recognition of Indigenous people's rights to own their own media on an equal footing with other media outlets,<ref>{{Cite web |date=April 20, 2023 |title=Speakers Call for Full Inclusion, Participation Actualizing Permanent Forum’s Six Mandated Points, as Twenty-Second Session Continues |url=https://press.un.org/en/2023/hr5478.doc.htm |access-date=2024-11-18 |website=press.un.org}}</ref><ref>{{Cite web |last=Deer |first=Ka’nhehsí:io |date=April 18, 2023 |title=Inuk leader calls for legal recognition of right to Indigenous media at United Nations event |url=https://www.cbc.ca/news/indigenous/indigenous-media-unpfii-forum-1.6814321 |access-date=November 11, 2024 |website=CBC News}}</ref> and for the prosecution of those who persecuted their journalists.{{Citation needed|date=November 2024|reason="prosecution of those who persecuted their journalists" not yet supported by a source}}

== Religious rights ==

===Religion after Euro-American contact===
Over the last five centuries, "Christianity has made enormous inroads into Native society."<ref name="JUtter2">Utter, Jack. p. 148.</ref> Many religious Native Americans today voluntarily practice Christianity, both Protestantism and Roman Catholicism, or even both altogether.<ref name="JUtter2"/> There was both voluntary and [[Forced conversion#Christianity|forced conversion]]; however, not all tribes embraced Christianity, nor did all members of tribes.<ref name="McNally 2017">{{cite book |author-last=McNally |author-first=Michael D. |year=2017 |chapter=Religion as Peoplehood: Native American Religious Traditions and the Discourse of Indigenous Rights |chapter-url=https://books.google.com/books?id=yOEzDwAAQBAJ&pg=PA52 |editor1-last=Johnson |editor1-first=Greg |editor2-last=Kraft |editor2-first=Siv Ellen |title=Handbook of Indigenous Religion(s) |location=[[Leiden]] and [[Boston]] |publisher=[[Brill Publishers]] |series=Brill Handbooks on Contemporary Religion |volume=15 |doi=10.1163/9789004346710_004 |isbn=978-90-04-34669-7 |issn=1874-6691 |pages=52–79}}</ref>

"Euro-American contact and interactions contributed much to Indian marginality and the disruption and destruction of traditional customs and even the aboriginal use of psychoactive substances. This process was noted in the 1976 Final Report to the American Indian Policy Review Commission, Task Force Eleven: Alcohol and Drug Abuse.<ref>French, Laurence Armand. ''Addictions & Native Americans.'' Westport, CT: Greenwood Publishing Group, 2000. p 25.</ref>

The [[American Indian Religious Freedom Act]] was passed in 1978. It allowed freedom of religion except for some restrictions on use of ceremonial items as the eagle feathers or bones (a protected species) or [[peyote]] (considered a restricted drug by the federal government);<ref>Enumeration of areas of conflict from Francis Paul Prucha. ''The Great Father: The United States Government and the American Indians, Volume 2''. Lincoln: University of Nebraska Press, 1984, p. 1127</ref> however, other laws provide for ceremonial use of these by Native American religious practitioners.

One example of Christianity's influence on Native American religion is the prominence of the figure of Jesus Christ in peyote ceremonies of the [[Native American Church]],<ref>Woodhead, Linda. ''Religions in the Modern World: Traditions and Transformations.'' New York: Routledge, 2002. p. 242.</ref> which is a [[Syncretism|syncretic]] religion.

Many indigenous religions arose in response to colonization. These include the [[Longhouse Religion]], which arose at the end of the 18th century, and the [[Ghost Dance]], [[Four Mothers Society]], [[Indian Shaker Church]], [[Kuksu religion]], and others in the 19th century.

===Suppression during the Progressive Era===
During the [[Progressive Era]] from the 1890s to the 1920s, a "quasi-theocracy" reigned in what federal policymakers called "Indian Country"; they worked hand-in-hand with churches to impose Christianity upon Native Americans "as part of the government's civilizing project".<ref name="BDuthu">Duthu, N. Bruce. ''American Indians and the Law''. New York: Viking, 2008. p. 18.</ref> Keeping in the vein of the colonialists before them, Progressive-Era policymakers found no need to separate religious endeavors concerning Native Americans from Native political policy.<ref name=FHoxie>Hoxie, Frederick E., ed. Talking Back to Civilization: Indian Voices from the Progressive Era. Boston: Bedford. 2001. p. 66.</ref> The government provided various religious groups with funds to accomplish Native American conversion. It was during this time that the government "discouraged or imposed bans on many forms of traditional religious practices, including the [[Sun Dance]], use of [[peyote]] in ceremonial settings and observance of [[potlatch]] rituals."<ref name="BDuthu"/> The [[Bureau of Indian Affairs]] (BIA), or the "Indian Office", as it was then called, played a role in the Christianization of Native Americans. Their boarding schools, often staffed by missionaries, removed Native children from the tribe and away from the influence of their cultures.<ref name="BDuthu"/>

In order to pacify Christians, "some tribal religious practitioners modified elements of their traditional practices".<ref name="BDuthu2">Duthu, N. Bruce. ibid. p. 17.</ref> In the case of the Sun Dance, "a ceremony of renewal and spiritual reaffirmation", some tribes "omit[ted] the element of self-sacrifice (many participants observed the ritual of skin piercing), reduced the number of days for the ceremony from eight to two and otherwise emphasized the ceremony's social, rather than religious, features".<ref name="BDuthu2"/> In the past, tribes have also moved religious days to coincide with national U.S.&nbsp; holidays.

Until 1935, Native American people could be fined and sent to prison for practicing certain traditional religious beliefs.<ref>{{cite journal|url=http://muse.jhu.edu/journals/wicazo_sa_review/v021/21.2talbot.html|title=Spiritual Genocide: The Denial of American Indian Religious Freedom, from Conquest to 1934|journal=Wíčazo Ša Review|last=Talbot|first=Steve|pages=7–39|volume=21, Number 2, Fall 2006|issue=2|doi=10.1353/wic.2006.0024|date=November 29, 2006|s2cid=154771191|url-access=subscription}}</ref>

===Contemporary Native American religious issues===
Established in 1918, the Native American Church "emphasiz[ed] the importance of monogamy, sobriety, and hard work".<ref>Hoxie, Frederick E. ibid. p. 20</ref> Today, it serves as an intertribal, multilingual network. The Native American Church has had a long struggle with the government of America due to their ancient and deeply spiritual religious practice using [[peyote]]. This psychoactive substance is found on a cactus and is used for healing practices and in religious ceremonies.<ref>Young, William A. Quest for Harmony. Seven Bridges P, LLC, 2001. p. 313</ref> The use of this substance is highly debated due to the outbreaks of drug use among Americans today. Leaders of the Native American Church argue that the use of peyote allows for a direct connection with gods and that peyote is not taken simply for its psychoactive effects. It is taken in the manner that one might take the sacraments of Christianity.<ref>Bell, Catherine M. ''Ritual: Perspectives and Dimensions.'' Oxford University Press: New York, 1997. p. 113.</ref> "Peyote is not habit forming and 'in the controlled ambiance of a peyote meeting it is in no way harmful.'" Rather it is considered a unifying influence on the Native American life because it provides the "basis for Indian friendships, rituals, social gatherings, travel, marriage, and more. It has been a source of healing and means of expression for a troubled people. And it has resulted in one of the strongest pan-Indian movements among American Indians".<ref>Young, William A. Quest for Harmony. Seven Bridges P, LLC, 2001. p. 302</ref>

For years the government has been debating the subject of peyote use. In 1949 peyote use was condemned by the [[American Medical Association]] because findings in their study led them to believe that it was a habit-forming drug. Congress then attempted to regulate the use of peyote in 1963 with little success, but under the [[Drug Abuse Control Act]] in 1965 it was on the list of forbidden psychedelic drugs. Under this act, it did not place this on Native American peyotists who were using it for religious practice, though some suffered still under the hands of the state governments for having it in their possession. State laws differed from the United States government standards with states outlawing the use of peyote.<ref>Young, William A. Quest for Harmony. Seven Bridges P, LLC, 2001. p. 324</ref> "By 1970, of the seventeen states that still had anti-peyote laws, only five did not provide exemptions for Indians to use peyote ritually." These were amended under the pressure from the [[Native American Church]] member if the members showed proof that they were at least 25&nbsp;percent Native American. The states laws were generally similar to those of [[South Dakota]], which says that "when used as a sacrament in services of the Native American Church in a natural state which is unaltered except for drying or curing or slicing", peyote use is permitted.<ref>La Barre, Weston. The Peyote Cult. Archon Books, 1973. p. 265</ref> In 1978 the [[American Indian Religious Freedom Act]] there was mention of protection for peyote users, but this did not change the fact that they could still be charged. Because it is an "established religion of many centuries' history...not a 20th&nbsp;century [[cult]] nor a fad subject to extinction at a whim",<ref>Botsford and EchoHawk 1996, p. 132</ref> it continues to be somewhat protected under the law.

==Sovereignty==
{{Main|Tribal sovereignty in the United States}}
All [[tribe (Native American)|Indigenous tribes]] are under the United States just as other major groups. However, unlike other minority groups who are immigrants to the United States, Native Americans are indigenous to American land and have therefore earned [[sovereignty]].<ref name="Wildenthal, Bryan H 2003">Wildenthal, Bryan H. Native American sovereignty on trial: a handbook with cases, laws, and documents. Santa Barbara, California. ABC-CLIO, Inc., 2003.</ref> It is difficult to describe Native American government in a definite manner due to the fact that there are many different Native tribes with different forms of governance. In January 2016 there were *566 [[federally recognized tribes|federally recognized]] Native American tribes.<ref name="Wildenthal, Bryan H 2003" /> During the colonial period, Native American sovereignty was upheld by the negotiation of treaties between British proprietors and Native American tribes. Treaties are rules between the tribe and government. The treaties were made with the agreement that the tribes had equal sovereignty as the sovereignty of the colonial governments. The treaties ended in 1871 with the [[Indian Appropriations Act#1871|Indian Appropriations]], which changed recognition of the tribes to "domestic dependent nations" rather than independent nations.

==Fishing and hunting rights==
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|Description = A 1968 column in the Seattle underground paper ''[[Helix (newspaper)|Helix]]'' argues for Native American fishing rights.
}}
Although Native Americans lost the battle for their lands, the U.S. government eventually conceded hunting and fishing rights both within the reservations and on old tribal land that had been sold to and settled. The reserved rights doctrine allowed for tribes to hunt and fish, along with any other rights, as long as they were not specifically denied in a treaty. This angered hunters and fishers who had restrictions placed on them by the government and they protested against the Natives' right to fish and hunt off of reservations.

As the United States continued to colonize more of the continent that they could, they began making treaties with tribes, so that they could have reservations of land. One particular treaty with the [[Yakama]] in the Northwest guarantees that the tribe has the rights to "taking fish at all usual and accustomed places in common with the citizens of the Territory".<ref>{{ussc|name=Washington v. Washington State Commercial Passenger Fishing Vessel Association|volume=443|page=658|pin=|year=1979}}.</ref> However, in the 1890s, Lineas and Audubon Winans operated a state-licensed fishing mill in [[Celilo Falls]], an important place for fishing to not only the Yakama, but also the [[Umatilla people|Umatilla]] and the [[Nez Perce people|Nez Perce]]. The Winans decided to develop a [[fish wheel]] to catch [[salmon]] by the tons, which would deplete the river of fish for the Natives very quickly. In addition, the Winans purchased land that made it impossible for Native people to approach the river at all. The Yakama took this case to the [[Supreme Court of the United States|Supreme Court]] in ''[[United States v. Winans]]'' (1905) and earned their rights back to fish and to have treaties interpreted by the United States as the members of tribes would have interpreted them at the time.<ref>Duthu, N. Bruce (2008). ''American Indians and the Law: The Penguin Library of American Indian History'' p.101. Penguin Group (USA). {{ISBN|0-670-01857-0}}</ref>

State agencies pointed out that conservation efforts were possibly compromised by the Native Americans' habits; however the Supreme Court upheld the privilege with certain cases, such as ''[[Antoine v. Washington]]'' (1975), even going so far as to appropriate for Native Americans the right to hunt and fish on all of their old grounds whether or not they were currently privately owned, and to prevent private owners from erecting obstacles to exercising this right. The largest amount of opposition and resentment towards Native Americans' fishing and hunting rights stems from the Pacific Northwest.<ref>Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc.</ref>

In 1988, the United States government passed a federal [[Indian Gaming Regulatory Act]], which provides the legislative basis for protecting Native lands for their community health and economic growth.<ref name=":0" />

==Traveling rights==
During the 19th and early 20th centuries, the U.S. government attempted to control the travel of American Indians off Indian reservations. Since American Indians did not obtain U.S. citizenship until 1924, they were considered wards of the state and were denied various basic rights, including the right to travel.<ref>''Heartbeat of the People: Music and Dance of the Northern Pow-Wow'', Browner</ref> The [[Bureau of Indian Affairs]] (BIA) discouraged off-reservation activities, including the right to hunt, fish, or visit other tribes. As a result, the BIA instituted a "pass system" designed to control movement of the Indians. This system required Indians living on reservations to obtain a pass from an Indian agent before they could leave the reservation.<ref>In a Barren Land: American Indian Dispossession and Survival, Marks</ref>
In addition, agents were often ordered to limit the number of passes they issued for off-reservation travel. The reasons cited for this limitation were that Indians with passes often overstayed the time limits imposed, and many times Indians left without requesting passes. When this occurred, the military was frequently called to force the Indians to return their reservations. For example, in April 1863, Superintendent J.&nbsp;W.&nbsp;Perit Huntington forced 500&nbsp;American Indians to return from the [[Willamette Valley]] after they had violated the pass system and estimated that up to 300&nbsp;Indians were still in the area without U.S. authorization.<ref>''Indians of the Pacific Northwest'', Elizabeth von Aderkas</ref>

While attempting to implement this pass system, the BIA received numerous complaints regarding Indians who traveled without permission. Many complained that American Indians were killing game merely for the sport and were taking the hides. Other settlers complained that Indians overstayed their visits at neighboring reservations while neglecting their farming duties at home. For example, in December 1893, Governor [[John E. Osborne]] of [[Wyoming]] wrote a letter to the BIA protesting that Indians from [[Fort Hall Indian Reservation|Fort Hall]], [[Lemhi Shoshone|Lemhi]], [[Wind River Indian Reservation|Wind River]], and [[Crow Indian Reservation|Crow Reservations]] were leaving illegally. In response, the commissioner sent a note to all Indian agents stating that Indians who disobeyed the pass system would be arrested and punished by state officials.<ref>''The Northern Shoshoni'', Madsen, 134</ref> Additional rules were also implemented at this time. For example, the Indian agents were now required to notify other reservations of the departure time of Indians, names of Indians, and the route they intended to follow.<ref>Harvard University, U.S. Office of Indian Affairs, 67</ref>

In addition to these concerns, many settlers were unhappy with the travel of American Indians on the railroads. For example, the [[Central Pacific Railroad]] in [[Nevada]] had granted Indians the privilege of riding on the roof and flatbeds of rail cars without tickets, in exchange for the right-of-way through their reservations.<ref>As Long as the River Shall Run, Knack, 103,</ref> Other railroad lines, including the Carson and the Colorado allowed free railroad travel to the Indians. [[Paiute]] Indians, for example, frequently rode the trains to their traditional hunting and fishing grounds. "Paiutes would pack up their gathering baskets and hop on the rails, take off a day or two to gather seeds, and bring their harvest back home again, on the car roofs. Men and women used free passes to travel into town or to ranches farther in the hinterlands for jobs."<ref name="ReferenceA">''As Long as the River Shall Run'', Knack, 103</ref> Angry Indian agents, who wanted the Paiutes to stay under their jurisdiction, wrote letters urging the BIA to stop this free travel. According to one Indian agent, "The injurious effects of this freedom from restraint, and continual change of place, on the Indian, can not be overestimated."<ref name="ReferenceA" />

The loss of the right to free movement across the country was difficult for American Indians, especially since many tribes traditionally traveled to hunt, fish, and visit other tribes. The passage of the [[Indian Citizenship Act]] in 1924 granted United States citizenship to all Indians born in America. As a result, American Indians were finally granted free travel in the United States. At the present time, American Indians who live on reservations are free to travel as they wish.

== Voting ==
Beginning in the 18th century and with the creation of the [[Constitution of the United States|Constitution]], there was a struggle to define the relationship between Native tribes and the United States, and the terms of citizenship for tribe members. For example, in the determination of a state's number of House Representatives, [[Article One of the United States Constitution|Article I, Section 3]] of the Constitution states that "Indians not taxed" are not to be included.<ref>Cambridge, England: Cambridge University Press, 2007. pg. 1</ref> However, the Constitution also stated that Congress has the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes" ([[Commerce Clause|Article I, Section 8]]).

In 1817, the Cherokee became the first Native Americans recognized as U.S.&nbsp;citizens. Under Article&nbsp;8 of the 1817 Cherokee treaty, "Upwards of 300&nbsp;Cherokees (Heads of Families) in the honest simplicity of their souls, made and election to become American citizens."<ref name="McLoughlin">
{{Cite journal|author=William G. McLoughlin|year=1981|title=Experiment in Cherokee Citizenship, 1817-1829|journal=American Quarterly|volume=33|issue=1|pages=3–25|publisher=American Quarterly, Vol. 33, No. 1 (Spring, 1981), pp. 3-25|jstor=2712531|doi=10.2307/2712531}}
</ref><ref name="Cherokee_us_citizenship">{{cite web|url=http://digital.library.okstate.edu/kappler/Vol2/treaties/che0140.htm#mn1|title=INDIAN AFFAIRS: LAWS AND TREATIES Vol. II, Treaties|last=Kappler|first=Charles|year=1904|publisher=Government Printing Office|access-date=2012-06-22|archive-url=https://web.archive.org/web/20121103150436/http://digital.library.okstate.edu/kappler/Vol2/treaties/che0140.htm#mn1|archive-date=November 3, 2012|url-status=dead}}</ref> In 1831, however, ''[[Cherokee Nation v. Georgia]]'', one of the three [[Marshall Trilogy]] cases, helped define the limits of tribal sovereignty. The Cherokee nation was determined to be a domestic dependent nation, a relationship that "resembles that of a ward to a guardian".<ref>''[[Cherokee Nation v. Georgia]]'' (1831)</ref> This definition meant that Native people did not have a right to vote. Thus, Native Americans' relationship to the U.S.&nbsp;government continued to be similar to that of people in an occupied land under the control of a foreign power.<ref name="McCool 2">McCool 2</ref> Further clarification was made in 1856 when Attorney General [[Caleb Cushing]] stated, "Indians are the subjects of the United States, and therefore are not, in mere right of home-birth, citizens of the United States.<ref>Official Opinions of the Attorneys General 1856, 749–50</ref><ref name="McCool 2" />

After the passage of the first [[Civil Rights Act of 1866|Civil Rights Act in 1866]], and adoption of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] in 1868, the terms and limits of Native citizenship were further confirmed. The Civil Rights Act of 1866 states, "That all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States".<ref name="McCool 3">McCool 3</ref> Some officials were not prepared for Natives to become citizens and resisted calls for Native suffrage. During Senate floor debates regarding the Fourteenth Amendment, Senator [[Jacob Howard]] of Michigan commented, "I am not yet prepared to pass a sweeping act of naturalization by which all the Indian savages, wild or tame, belonging to a tribal relation, are to become my fellow-citizens and go to the polls and vote with me".<ref name="CG 1866, 2895">Congressional Globe 1866, [http://www.memory.loc.gov/ll/llcg/073/0000/00172895.tif 2895]</ref><ref name="McCool 3" /> This sentiment was echoed by [[James Rood Doolittle]] of Wisconsin, who argued that, "there is a large mass of the Indian population who are clearly subject to the jurisdiction of the United States who ought not to be included as citizens of the United States ... the word 'citizen,' if applied to them, would bring in all the [[Maidu|Digger Indians]] of California".<ref name="CG 1866, 2892" /> Doolittle was concerned that the proposed amendment would, "declare the Utes, the Tabahuaches, all those wild Natives to be citizens of the United States, the Great Republic of the world, whose citizenship should be a title as proud as that of king, and whose danger is that you may degrade that citizenship."<ref name="CG 1866, 2892">Congressional Globe 1866, [http://www.memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=13 2892-2893]</ref><ref name="McCool 3" /> Because of their substantial numbers at the time, Native Americans would be able to overwhelm the power of the white vote in several states.<ref name="McCool 3" /><ref name="CG 1866, 2892" />

While the Civil Rights Act and Fourteenth Amendment served to prevent or limit citizenship for Native Americans, there were special considerations that granted citizenship to some individuals or groups, which in turn gave them the right to vote. For example, the 1868 [[Treaty of Fort Laramie (1868)|Treaty of Fort Laramie]] created the possibility for the [[Lakota people]] to access the right to vote. [http://avalon.law.yale.edu/19th_century/nt001.asp Article&nbsp;6] of the treaty stated that Natives could gain citizenship by "receiving a patent for land under the foregoing provisions ... and be entitled to all the privileges and immunities of such citizens, and shall, at the same time retain all [their] rights to benefits accruing to Indians under this treaty".<ref name="McCool 5">McCool 5</ref> The advantage of this was that the Natives could become citizens yet still maintain their status and rights as Natives.<ref name="McCool 5" />

Even for signatory Native Nations to the Fort Laramie Treaty, however, it was made clear that though some would become citizens, it did not mean that they all would gain the right to vote. In 1884, when John Elk, a Native who lived in [[Omaha, Nebraska]], attempted to register in local elections, he was refused a ballot. When he took the case to Supreme Court and through the ''[[Elk v. Wilkins]]'' trial, he was ruled against under the circumstances that Natives were not protected under the Fourteenth Amendment.<ref name="McCool 6">McCool 6</ref>
The [[Dawes Act]] in 1887 continued to pave the pathway for Native citizenship in that members of certain Native American tribes who accepted an allotment of land was considered a citizen.<ref name="McCool 6" /> The goal was for Natives to, through assimilation, "adopt the habits of civilized life".<ref>Keyssar, Alexander. The Right to Vote. New York: Basic Books, 2000. pg. 165</ref> This movement certainly convinced a lot of Natives to gain citizenship. This is seen through President [[Theodore Roosevelt]]'s statement on the allotment policy in which he reported that by 1901, 60,000&nbsp;Natives had already become citizens of the United States.<ref>Roosevelt 1901, 6672</ref><ref name="McCool 6" />

Piece by piece, more acts were created that added Natives to the citizenship rolls.<ref name="McCool 6"/> When the Native Territory (what is now Oklahoma) was abolished in 1907, all Natives who lived in that territory were made citizens through the [[Oklahoma Enabling Act]].<ref name="McCool 6" />

Furthermore, after [[World War&nbsp;I]], any Native who had fought with [[honorable discharge]] was also considered a citizen through the Act of November 6, 1919.<ref name="McCool 7">McCool 7</ref> As Native Vote states, "The underlying assumption of this act was that these particular Indians had demonstrated that they had become part of the larger Anglo culture and were no longer wholly Indian".<ref name="McCool 7" />

By the early 1920s, Congress was considering a bill to make the remainder of Native Americans citizens in their aim to have them "adopt Anglo culture".<ref name="McCool 7"/> This finally was stated with the [[Indian Citizenship Act]] which was created on June 2, 1924. This act showed progress in that Natives would not have to give up being a Native to be a citizen of the United States. This included being an enrolled member of a tribe, living on a federally recognized reservation, or practicing his or her culture.<ref name="McCool 7" /> However, this did not create the right to vote automatically.

Many states still prevented Natives from voting, even though they were citizens of the United States. For example, the attorney general of [[Colorado]] in 1936 declared that Natives could not vote because they were not citizens of the state.<ref>Cohen 1942, 158</ref><ref>McCool 9</ref> Similarly, states found ways around voting in other ways. Because the [[Fifteenth Amendment to the United States Constitution|Fifteenth Amendment]] 1870 barred states from limiting voting on account of race, states found other ways – residency: claiming that Native Americans were not residents of the state if they resided on reservations, self-termination: one must first abandon their tribal ties in order to vote, taxation: Natives who do not need to pay taxes cannot vote, guardianship: the claim that Native Americans were incompetent and "wards of the state", and on the lack of ability to read English.<ref name="McCool 19">McCool 19</ref>

With [[World War&nbsp;II]] and the need for more soldiers through the draft, Congress reaffirmed Native people's citizenship with the [[Nationality Act of 1940]].<ref name="ITCA 2">ITCA 2</ref> However, when some 25,000 veterans returned home after the war, they realized that even though they had put their lives on the line for their country, they were still not allowed to vote.<ref name="ITCA 2" />

In 1965 the [[Voting Rights Act]] (VRA) put an end to individual states' claims on whether or not Natives were allowed to vote through a federal law. Section&nbsp;2 of the VRA states that, "No voting qualification or prerequisite to voting, or standard, practice, or procedure, shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color".<ref>McCool 22</ref> Further sections describe the measures taken if violations to this act are discovered.

However, efforts by states and municipalities to disenfranchise Native Americans are ongoing, such that there have been about 74&nbsp;cases brought by or on behalf of Natives under the VRA or the [[Fourteenth Amendment to the United States Constitution|Fourteenth]] or Fifteenth Amendment since 1965.<ref>McCool 45</ref> These in the most part have proved to be successful to upholding the rights of Native Americans as citizens of the United States. Most of these cases are centered on states that have large reservations, or Native populations, such as New Mexico, Arizona and Oklahoma.

== Land rights ==
{{main|Aboriginal title in the United States}}
One of the major issues surrounding land ownership rights of the Native American Nations is the purposes for which they are and are not allowed to use their land.{{citation needed|date=May 2023}}

A typical example of the struggle faced involved the [[Seneca Nation]] of [[New York State]]. On April 18, 2007, the Seneca Nation laid claim to a stretch of [[Interstate&nbsp;90]] that crosses the [[Cattaraugus Reservation]] by revoking the 1954 agreement that granted the [[Interstate Highway System]] and [[New York State Thruway Authority]] permission to build the highway through the territory. The move was a direct shot at New York Governor [[Eliot Spitzer]]'s attempts to collect taxes on Seneca territory.<ref>[http://www.buffalonews.com/101/story/57227.html Buffalo News story]{{dead link|date=February 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The Senecas had previously made the same claim in a lawsuit which they lost because of the state's assertion of sovereign immunity.<ref>{{Cite web |url=http://www.upstate-citizens.org/Seneca-v-NYS-tway.pdf |title=United States Court of Appeals - Seneca Nation v. State of New York |access-date=2008-09-22 |archive-url=https://web.archive.org/web/20070808172704/http://www.upstate-citizens.org/Seneca-v-NYS-tway.pdf |archive-date=2007-08-08 |url-status=dead }}</ref> In Magistrate Heckman's Report and Recommendation it was noted that the State of New York asserted its immunity from a suit against both counts of the complaint (one count was the challenge regarding the state's acquisition of [[Grand Island, New York|Grand Island]] and other smaller islands in the [[Niagara River]] and another count challenging the thruway easement). The United States was permitted to intervene on behalf of the Seneca Nation and the [[Tonawanda Band of Seneca Indians]]. The United States was then directed to file an amended complaint that "clearly states the relief sought by the United States in this action". In this amended complaint the United States did not seek any relief on behalf of the Seneca Nation relative to the thruway easement. By not seeking such relief in its amended complaint the United States of America permitted the action relative to the thruway easement to be subject to dismissal based on New York's immunity from suit under the [[Eleventh Amendment to the United States Constitution|Eleventh Amendment]] to the United States Constitution.<ref>{{Cite web |url=http://www.upstate-citizens.org/Tway-RR-and-Dist-Ct-decisions.pdf |title=Archived copy |access-date=September 22, 2008 |archive-url=https://web.archive.org/web/20081218094637/http://www.upstate-citizens.org/Tway-RR-and-Dist-Ct-decisions.pdf |archive-date=December 18, 2008 |url-status=dead }}</ref> On May 4, the Seneca Nation threatened to do the same with [[Interstate 86 (east)|Interstate&nbsp;86]].<ref>{{Cite web |date=2007-05-04 |title=Senecas Threaten to Rescind I-86 Easement |url=https://www.wbfo.org/2007-05-04/senecas-threaten-to-rescind-i-86-easement |access-date=2024-12-24 |website=WBFO |language=en}}</ref>

==See also==
* [[Indian arts and crafts laws]]
* [[Native American Rights Fund]]
* [[Native American reservation politics]]
* [[Outline of United States federal Indian law and policy]]
* [[Racism against Native Americans in the United States]]
* [[Redwashing#Indigenous redwashing|Redwashing]]
* [[List of Native American and First Nations law resources]]

== Notes ==
{{reflist|2}}

==References==
*[[Sale, Kirkpatrick]]. ''The Conquest of Paradise: Christopher Columbus and the Columbian Legacy.'' New York: Plume, 1991. {{ISBN|978-0-452-26669-8}}.

{{Native American rights}}
{{Native American topics|collapsed}}

{{DEFAULTSORT:Native American Civil Rights}}
[[Category:1585 establishments in North America]]
[[Category:Indigenous rights in the United States]]
[[Category:Civil liberties in the United States]]
[[Category:Native American history|Civil rights]]
[[Category:Native American law|Civil rights]]
[[Category:Native American culture|Civil rights]]