Files
Abstract
Blood often serves as the basis for identity for many groups in theUnited States. Native Americans, however, are the only population inwhich blood is a requirement for collective belonging and can be thedetermining factor for whether one receives tribal benefits andservices. Many Tribal Nations use blood quantum, the percentage ofIndian blood one has, as a bright-line rule to determine qualificationfor tribal membership. Initially established as a colonial tool ofdispossession and assimilation, tribes adopted blood quantum toensure the preservation of culture and community.
This Article contends that tribal adoption of blood quantum limitstribal members’ reproductive autonomy and violates the tenets ofreproductive justice. Forcing tribal members to consider the bloodquantum of their future children limits individual choice of partner andthe manner in which tribal members choose to build their families.This limitation of autonomy and violation of reproductive justiceprinciples is especially stark when analyzed in combination withcontemporary pressures on Native conception and parenting,including urban migration, dysgenic environmental impacts onfertility, sexual violence, and inadequate, underfunded, and abusivereproductive healthcare. Collectively, these pressures decreasefertility, the number of available partners, and the ability for Nativepeople to conceive and parent within their own communities.
By applying the principles of reproductive justice, Tribal Nationsmay begin to reassess what belonging means in Native communitiesand how tribal membership policies can support reproductiveautonomy. The current rise of nation-building and concentrated pushfor self-determination in Native communities provides a uniqueopportunity to interrogate the priorities of tribal membershiprequirements and reimagine inclusion and collective belonging inNative Nations.