Friday, November 27, 2015

The Dark Side of Tribal Sovereignty: NO RIGHTS to GAY Marriage

This issue is gaining some notoriety.  Tribal sovereignty harms whoever the tribes want to harm, be it gays, disenrolled and people who speak out:

Cleo Pablo married her longtime partner when gay weddings became legal in Arizona and looked forward to the day when her wife and their children could move into her home in the small Native American community outside Phoenix where she grew up.

That day never came. The Ak-Chin Indian Community doesn't recognize same-sex marriages and has a law that prohibits unmarried couples from living together. So Pablo voluntarily gave up her tribal home and now is suing the tribe in tribal court to have her marriage validated.

"I want equal opportunity," Pablo said. "I want what every married couple has."

Pablo's situation reflects an overlooked story line following the U.S. Supreme Court's historic decision this year that legalized gay marriages nationwide: American Indian reservations are not bound by the decision and many continue to forbid gay marriages and deny insurance and other benefits.

The reasons vary and to some extent depend on cultural recognition of gender identification and roles, and the influence of outside religions, legal experts say. Other issues like high unemployment, alcoholism and suicides on reservations also could be higher on the priority list, said Ann Tweedy, an associate professor at the Hamline University School of Law in St. Paul, Minnesota, who has studied tribes' marriage laws.

Advocacy groups largely have stayed away from pushing tribes for change, recognizing that tribes have the inherent right to regulate domestic relations within their boundaries.

"Tribal sovereignty is very important to tribes," Tweedy said. "They don't want to just adopt what the U.S. does."

Pablo follows in the footsteps of a handful of other tribal members in Oregon, Washington state and Michigan who lobbied their governments for marriage equality.

The Navajo Nation is one of a few of the country's 567 federally recognized tribes that have outright bans on gay marriage. Some tribes expressly allow it, while others tie marriage laws to those of states or have gender-neutral laws that typically create confusion for gay couples on whether they can marry.

The mish-mash occurs because tribes are sovereign lands where the U.S. Constitution doesn't apply.

But Pablo argues in her lawsuit that members of the Tribal Council are violating the Ak-Chin constitution by denying her equal protection and due process — rights also guaranteed under the federal Indian Civil Rights Act. Her lawyer, Sonia Martinez, said tribal members could have a persuasive argument against gay-marriage bans if their tribe incorporated federal constitutional rights into tribal laws, which she says is the case on the Ak-Chin reservation.

The Ak-Chin Indian Community wouldn't comment directly on Pablo's lawsuit but said marriage laws are a matter for the tribe to decide, not the U.S. Supreme Court.

"Whether our current law stays the same or needs to change, it must still be addressed in a manner that best promotes and protects the community's sovereignty and right of self-governance, and best reflects the culture, tradition, and morals of the community and all of its members within the confines of our laws," read a statement provided to The Associated Press.

Change for some tribes came easily.

The Central Council Tlingit & Haida Indian Tribes of Alaska enacted a marriage statute in March to expand court services. Chief Justice Debra O'Gara said leaders talked more about whether to allow members of the same clan to marry than members of the same sex.

"There was very little controversy over the same gender aspect because everybody believed it should be open," she said. "Whoever our citizens are should have the same rights as everyone else."

Thursday, November 26, 2015

Happy Thanksgiving from Original Pechanga Blog

This day is a day of thanks, no matter what happened in history.

A day to be thankful for your family, for those things in life that have made us better.

I'm thankful for those who continue to fight for justice for Native Americans that have been harmed by their tribes. Each one of you that remains in the fight, are helping those who have given up, or lost interest.

I wish all my readers a very Happy Thanksgiving. May you be able to spend time with family, and remember those who made it possible for us to enjoy this day. Our veterans and those service members who are away from family on this day so that we may be free.

Thank you to Abraham Lincoln for setting this holiday aside for us all, no mention of the Pilgrims:
Washington, D.C.
October 3, 1863

By the President of the United States of America.

A Proclamation.

The year that is drawing towards its close, has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added, which are of so extraordinary a nature, that they cannot fail to penetrate and soften even the heart which is habitually insensible to the ever watchful providence of Almighty God. In the midst of a civil war of unequalled magnitude and severity, which has sometimes seemed to foreign States to invite and to provoke their aggression, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere except in the theatre of military conflict; while that theatre has been greatly contracted by the advancing armies and navies of the Union. Needful diversions of wealth and of strength from the fields of peaceful industry to the national defence, have not arrested the plough, the shuttle or the ship; the axe has enlarged the borders of our settlements, and the mines, as well of iron and coal as of the precious metals, have yielded even more abundantly than heretofore. Population has steadily increased, notwithstanding the waste that has been made in the camp, the siege and the battle-field; and the country, rejoicing in the consciousness of augmented strength and vigor, is permitted to expect continuance of years with large increase of freedom. No human counsel hath devised nor hath any mortal hand worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy. It has seemed to me fit and proper that they should be solemnly, reverently and gratefully acknowledged as with one heart and one voice by the whole American People. I do therefore invite my fellow citizens in every part of the United States, and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next, as a day of Thanksgiving and Praise to our beneficent Father who dwelleth in the Heavens. And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquillity and Union.

In testimony whereof, I have hereunto set my hand and caused the Seal of the United States to be affixed.

Done at the City of Washington, this Third day of October, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the Eighty-eighth.

Thursday, November 19, 2015

Pechanga Tribe Elects Convicted FELON Raymond Basquez Jr. to Tribal Council.

Yes, that's how low the tribe has sunk.  They have traded a sleaze like Andrew Masiel Jr., for his felon nephew, Raymond Basquez Jr.  He's a man who has helped the Riverside Sheriff's SWAT team get well acquainted with the Pechanga Reservation.  Over 6 years in FEDERAL PRISON must be the experience needed for the job.  Wonder how many people DID NOT vote which allowed this scum to be on the council?

Juxtapose that with when the tribe had a honorable career  former police officer Ken Perez on their council.  

Raymond Basquez Jr. son of the evil, recently deceased Raymond Basquez Sr., one of those involved in eliminating 25% of the tribe, who can be seen in Pechanga's commercials, long hair, saying he just "wanted to give back" threatened us at a protest march in February 2008. 

He drove his shiny Escalade west on Pechanga Parkway, yelling at us, "Get a JOB!" and flipping us off. He sped west and made a quick left to make a u-turn. Aggressive driving in his huge vehicle, we knew he was coming back. A little disconcerting, because we knew he had been on parole. Ray Jr. stopped his Escalade about 7 car lenghts from the limit line, with a green light and GETS OUT of his vehicle. He circles to the back and my brother and I head back to meet him. When he sees my brother coming, he opens his back door (not a good sign in CA) but we advance anyway. 

He pulls out....... a Yes on 94-97 STICKER to put on his car! ROFL! He's taunting us: "you're out on the street, man!" Guess he was in women's prison. Raymond Jr. YOU ARE A PUSSY. Pechanga, great job as having Raymond Basquez Jr. as your defender.

Hmm, might it be a dodge to avoid taxes?

Congratulations Pechanga on getting this guy in with your council.   Hope there's a shower near the meeting rooms....

Wednesday, November 18, 2015

Democrats Can't Stop TRIBAL SOVEREIGNTY ACT from Passing in the House

Proving that Democrats only pay LIP SERVICE to Sovereignty when it comes to protecting UNIONS.

Today, Congress passed the Tribal Labor Sovereignty Act of 2015 (249-177 with 24 Democrats joining a majority of Republicans), which rolls back federal agency intervention in tribal affairs in order to restore greater sovereignty to tribes. Montana Congressman Ryan Zinke cosponsored and voted for the measure. The legislation will amend the National Labor Relations Act to affirm that the law does not apply to any business owned and operated by an Indian tribe and located on tribal land, restoring to tribal leaders control over employee-employer relations.

“This is about sovereignty, opportunity and respect,” said Rep. Ryan Zinke.  “The federal government already saddles our tribes with burdensome regulations that hamper their ability to achieve the same goals of prosperity and success that we all aspire to. Considering the fact that the NLRB notoriously overreaches in the private sector, imagine what damage they would do to Montana’s tribes. H.R.511 is supported by tribes all across the nation. This bill affirms my strong support for their sovereignty.”

Tribal Labor Sovereignty Act Of 2015:

Prevents the NLRB from exerting jurisdiction over Native American businesses operating on tribal lands by restoring a legal standard in place long before the board’s misguided decision.

Protects the sovereignty of Native American tribes, ensuring they are afforded the same rights and protections enjoyed by state and local governments.

Returns to tribes the ability to govern labor relations in their businesses in a way they determine is best for their workplaces, eliminating legal confusion and uncertainty.

Tuesday, November 17, 2015

SURPRISE! Judge Says CA's GOVERNOR JERRY BROWN Negotiated in BAD FAITH with North Fork Rancheria

Saying that Gov. Jerry Brown acted in “bad faith” by ending negotiations, a federal judge has ordered the state to return to talks with North Fork Rancheria officials on a gaming compact for a Madera-area casino that state voters rejected last year.

Voters rejected the gaming compact in Proposition 48 last November by a wide margin, and the governor wrote the tribe in January suggesting that entering into further negotiations “would be futile.”

But in a 23-page ruling issued Friday, U.S. District Court Judge Anthony W. Ishii said federal law requires the governor to negotiate with the tribe and conclude compact negotiations within 60 days. If both sides can’t reach agreement, the judge will appoint a mediator. The state and the tribe will then have 60 days to present a final offer for the mediator’s selection.

The North Fork tribe argued that under federal Indian gambling law, the power rested in the hands of a federal judge to order the governor back to the table and, if necessary, select a mediator to choose between a state-proposed compact and one from the tribe. The complaint was filed after the governor’s office sent a letter to the tribe’s lawyers declining further negotiations.

“The state does not now contend that any of the (Department of the Interior) secretary’s determinations were incorrect, nor does it articulate a basis for its refusal to negotiate regarding the Madera parcel,” the judge said in requiring the governor to negotiate.   (Must mean NFR didn't give Jerry enough money)

The 305-acre casino and hotel site is in federal trust for the tribe. The tribe has no land in its North Fork base for a casino and has spent 11 years working with local, state and federal officials to put the Madera-area land in trust, get the compact approved and build a casino.

Read more here:

Sunday, November 15, 2015

Pechanga's Buffet of Corruption Served up RAW and Indigestible and Shameful

We aren't talking about the salad bar at Pechanga Resort & Casino. We aren't talking about HOW TO WIN at PECHANGA CASINO  We're talking about the abuses heaped on lineal descendants of Original Pechanga people by Pechanga Band of Luiseno Indians Chairman Mark Macarro.

Here's what's on the Pechanga Buffet Menu of Corruption


The Pechanga General Council, the final arbiter of the LAW at Pechanga voted to END all disenrollment.  Pechanga Chairman Mark Macarro IGNORED the will of the people and disenrolled the Hunter descendants.  Threats to the remaining tribal members kept them in line.

As discussed in this article, YES, Pechanga practices apartheid and NO we aren't comparing the level to South Africa, but if you don't call them on it, who is to say it won't get worse?.


Thursday, November 12, 2015

Disenrollment of Pala Children is CHILD ABUSE, Left UNPROTECTED by The Indian Child Welfare Act..and Kevin Washburn's Bureau of Indian Affairs. has a scathing story on the despicable Pala Band of Mission Indianz and its porcine chairman Robert Smith.

Two children who were disenrolled by the Pala Band of Mission Indians which, disenrolled 162 members cannot be protected by the Indian Child Welfare Act, a California appeal court ruled on Tuesday.

The tribe formally objected in July 2009 when K.P. and Kristopher were put up for adoption. Their mother, Michelle T., is enrolled.
But sometime during the proceedings, the tribe disenrolled the children. As a result, they are no longer considered "Indian," the court determined.
"Under federal and state law, the Indian tribe's membership determination is conclusive," Judge Cynthia Aaron wrote in the unpublished opinion. "The record shows that enrollment is a prerequisite for Pala Band membership, and that the Pala Band determined that K.P. and Kristopher are not members of its tribe."

SO, are tribe's doing the government's "dirty work" in getting rid of Indians?  Now, disenrollment means one is NOT Indian..while at the same time, there is NO requirement that you have to be INDIAN to be a tribal member?

Wednesday, November 11, 2015

BIA Secretary Washburn SUED: Pala Recognition FAILURES of TRUST RESPONSIBILITY

Many wonder HOW  some tribes get recognition, or get their recognition changed without have to go through the process that dozens of other tribes have to go through.  We've asked the question ourselves, with Pechanga suddenly getting their recognition changed from the original Temecula Band of Mission Indians.

NOW, AS-IA Kevin Washburn is being sued for the BIA's FAILURE of it's trust responsibility to the Agua Caliente Cupeno who are part of the PBMI.

56. In that 1979 list, the BIA listed only the “Pala Band of Luiseno Mission Indians, Pala Reservation, California” (emphasis added.)
57. As set forth above, the Agua Caliente Cupeño are a distinct tribe from the Pala Luiseno.
58. The BIA’s failure to include the Agua Caliente Cupeño on the list in 1979 was administrative error.


By approving the PBMI Constitution without any of the BIA’s recommended changes, and without any evidence that the BIA’s recommended changes were even presented to the PBMI General Council for a vote, the BIA abdicated and failed in its trust responsibility to the Indians of the PBMI—including the Agua Caliente Cupeño

See the complaint: