Guest: By respecting tribal sovereignty, Oklahoma has become a stronger state
In the wake of the U.S. Supreme Court decision in McGirt where the court held that the Muscogee (Creek) reservation had not been extinguished, and therefore only the federal government and the Muscogee Nation had criminal jurisdiction over tribal reservation lands, I often hear Oklahomans question the existence of tribal sovereignty.
Tribal sovereignty refers to the inherent right of Native American tribes (the first nations on our soil) to govern their citizens within their tribal boundaries. The U.S. Supreme Court has recognized that tribes were sovereign nations before European contact, and that their basic human right of self-determination continues despite conquest. Tribal sovereignty affords Indigenous people the power to determine their own laws and their own destiny as a people.
Tribal sovereignty is often perceived by Oklahomans as some “special deal” that Native Americans got that gives them benefits that non-Native people do not enjoy. I offer this as a rebuttal to that view because the benefits of tribal sovereignty extend far beyond tribes' reservations and Native Americans. Tribal sovereignty should be supported by every Oklahoman because it benefits every one of us.
I am not a citizen of any tribe, but I benefit from tribal sovereignty nonetheless. I grew up in Bryan County in the southeastern part of Oklahoma in the Chickasaw and Choctaw nations. The area was very rural and economically depressed. Jobs were scarce so most people who could leave did so in pursuit of greater opportunity. I was one of those people. Today, thanks to the Choctaw and Chickasaw nations, Bryan County is thriving economically. The tribes have fostered economic growth by creating businesses that employ non-Native Americans, as well as tribal citizens, in jobs that pay a living wage and offer dignity to people trying to support their families.
Tribes have leveraged their sovereignty to partner with the state of Oklahoma so that gaming revenues are shared with the state, thereby reducing the tax burden of every Oklahoman. Tribes have used sovereignty to work on natural resource management, and the provision of social services such as health care, housing, education and healthy food for tribal citizens. When the tribes meet the social needs of their citizens, it reduces the burden on the state to provide those social services for the welfare of citizens, again reducing the tax burden on all of us.
The Choctaw and Chickasaw Nations have created gaming resorts that bring tourism to our state. That tourism draws tens of millions of dollars from outside Oklahoma to our state and supports not only tribal businesses, but privately owned businesses, as well. The success of tribal enterprises stimulates economic vitality and makes our state stronger than it otherwise would be.
Our state also benefits from tribal sovereignty through education and cultural exchange. Many tribes in our state maintain educational programs that serve not only their tribal citizens, but also provide cultural education and awareness to non-Native people, as well. By participating in these programs, we can all gain a deeper understanding of Indigenous histories, traditions and perspectives.
Tribes also have been key partners in helping our state engage in responsible natural resource management and environmental protection so that the beauty of Oklahoma will be preserved for future generations.
By recognizing and respecting the rights of Indigenous tribes to govern themselves, Oklahoma has become a stronger state. Embracing and protecting tribal sovereignty is not only the moral thing to do, it is also the self-interested thing to do, because tribal sovereignty brings multifaceted advantages to our state to help ensure a stronger, more prosperous Oklahoma for all of us.
Carla D. Pratt is the Ada Lois Sipuel Fisher Chair in Civil Rights, Race and Justice at the College of Law at the University of Oklahoma.
This article originally appeared on Oklahoman: Guest: Tribal sovereignty brings multifaceted advantages to Oklahoma
