If a Native American reservation offers an abortion clinic in a red state is there a judicial case? (legal, health care)
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If say the Cherokee nation or some other recognized Indian tribe argued that the same precedent that allows them gambling rights allows them autonomy like another state in the union on abortion policy ….
I don’t know has this judicial precedent been tested yet by the courts? It becomes complicated in that policies on alcohol and gambling they have their own independence of state law, on murder and sex crimes they aren’t exempt from state law,
On abortion procedures if the tribe claims their faith requires a woman’s right to choose, could this be a loophole and safe-haven for women near reserve lands in red states?
Last edited by Freesponge; 06-27-2022 at 07:42 PM..
If say the Cherokee nation or some other recognized Indian tribe argued that the same precedent that allows them gambling rights allows them autonomy like another state in the union on abortion policy ….
I don’t know has this judicial precedent been tested yet by the courts? It becomes complicated in that policies on alcohol and gambling they have their own independence of state law, on murder and sex crimes they aren’t exempt from state law,
On abortion procedures if the tribe claims their faith requires a woman’s right to choose, could this be a loophole and safe-haven for women near reserve lands in red states?
Not really, as this article points out. I wondered something similar, and apparently so have a lot of others.
From the Salt Lake Tribune:
Quote:
“It’s sort of a weird argument to say, ‘Oh can tribes help?’ Like, no, tribes are already in a worse position than you are,” she said.
Quote:
“I think people are throwing spaghetti at the wall and then suddenly remembered, ‘Oh, yeah, tribal sovereignty.’”
Some tribes lack running water and funding, Many Indigenous people — once targeted with nonconsensual sterilizations — still don’t have access to high-quality health care.
If say the Cherokee nation or some other recognized Indian tribe argued that the same precedent that allows them gambling rights allows them autonomy like another state in the union on abortion policy ….
I don’t know has this judicial precedent been tested yet by the courts? It becomes complicated in that policies on alcohol and gambling they have their own independence of state law, on murder and sex crimes they aren’t exempt from state law,
On abortion procedures if the tribe claims their faith requires a woman’s right to choose, could this be a loophole and safe-haven for women near reserve lands in red states?
I don't think they're going to accept "the white man" (in this case, ladies) to come storming onto their reservations for abortions.
Just a sidebar that this is part of a plot line in a popular TV show. A main character, the 35-year-old daughter of a wealthy rancher, revealed that she cannot bear children because because she got pregnant at 15 and her brother took her to the Indian reservation for an abortion. They gave her a hysterectomy. She is now getting ready to marry the man who was the teenager who impregnated her, BUT he never knew about the pregnancy...
I worked for an Indian tribe for 7 years. If they really want to do something like that, I see no reason why they couldn't. They already build elaborate casinos and hotels, an abortion clinic is probably a lot easier to get going than some of the casinos and resorts I've seen.
I don't think they're going to accept "the white man" (in this case, ladies) to come storming onto their reservations for abortions.
Absolutely, yes they would. In fact I think most of them would be honored to be able to provide a service to the general public that is prohibited elsewhere.
If say the Cherokee nation or some other recognized Indian tribe argued that the same precedent that allows them gambling rights allows them autonomy like another state in the union on abortion policy ….
I don’t know has this judicial precedent been tested yet by the courts? It becomes complicated in that policies on alcohol and gambling they have their own independence of state law, on murder and sex crimes they aren’t exempt from state law,
On abortion procedures if the tribe claims their faith requires a woman’s right to choose, could this be a loophole and safe-haven for women near reserve lands in red states?
I am not sure how that would work
yes reservations are sacred ground, their own 'city-state", and while some are in great shape, many are not
but it sure is an interesting question
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