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The Oglala Sioux Tribe may be first to pass a hate crime law providing protections for LBGTQ and two spirit people, but citizens remain divided over decision
Indian Country Today
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. #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 BillEarlier 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, 2019Tribal Pass - Ost & Art Download For Mac Osx
Tribal Pass - Ost & Art Download For Mac Os
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 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.