There is no more toxic political issue in America over the last 50 years than that of abortion. Few things will turn a discussion sour as fast as abortion - unless you are a Detroit Lions fan, in which case the most radioactive topic is Joey Harrington.
This issue polarizes Americans like no other, causing each "side" to retreat to their ideological base and abandon a vast middle ground that has effectively been turned into a no man's land.
The State of South Dakota fired the most recent salvo in the battle over abortion, when its legislature intentionally violated the Supreme Court's holding in Roe v. Wade and completely banned abortion in the state. This was done in an effort to get the issue back to the United States Supreme Court where two Dubya appointees, Chief Justice John Roberts and Justice Sam Alito, sit poised to vote to overturn Roe v. Wade.
Briefly, it's important to note that overturning Roe would not instantaneously make abortion illegal. Rather, it would allow states to decide for themselves whether they want to authorize abortions within their borders.
That is exactly what South Dakota thought it was doing when it recently enacted its abortion ban.
But President Cecelia Fire Thunder of the Pine Ridge Oglala Sioux Nation changed that assumption when she announced her intention to open an abortion clinic on tribal lands for the stated intent of providing the women of South Dakota the option to have a legal abortion.
In her statements to the press she has strongly asserted that the sovereign authority of the tribal government at Pine Ridge permits the tribe to make the choice to legalize abortion.
This, of course, prompted such eloquent responses from right-wing commentators as "Sioux Tribe plans to scalp its own," or "Indians use Sovereignty for Casinos, Now Abortion."
Nothing quite like a "civil" debate, huh?
As an ardent advocate of robust tribal sovereignty, I support the right of tribal governments to "choose." This is not necessarily to say I support a woman's "right to choose" to have an abortion.
Rather, I support the right of tribal citizens and their governments to choose the policies that best fit their needs, as sovereign peoples.
But the power to choose comes with heavy responsibilities.
I caution tribal nations and our leaders to tread lightly in this area. There are dangers to using our sovereignty as a weapon or tool to shape the political discourse outside of our own bounds (such as further retribution against Indian Country by the right wing).
It appears as though this is what Ms. Fire Thunder is attempting to do here.
Fire Thunder is an avid proponent of women's reproductive rights and has previously been employed at an abortion clinic. It is fairly clear that her announcement was a direct response to the South Dakota legislature's attempt to prohibit abortion in the state.
Should the people of Pine Ridge, or of any other tribal nation, decide to legalize abortion they must do so only because they feel it is in response to the needs of tribal citizens. It should not be done to jab the proverbial stick in the eye of traditionally overbearing conservatives in state governments.
Pro-life conservatives may even be surprised to find out that, according to traditional values, many tribes view unborn children as living beings replete with spirits.
I am not going to say whether or not I am "pro-life" or "pro-choice," except to say that I support the rights of tribal citizens to engage each other in a dialogue on this issue and "choose" policies for themselves, under our inherent sovereignty and according to tribal values and the needs of the community.
Bryan Newland is a Bay Mills Indian Community Member and a student at Michigan State University College of Law in East Lansing. He is the oldest son of Gordon and Vickie Newland of Bay Mills. He has written columns and letters that have appeared in local, regional, and national publications. You can respond to his column at 517-420-0808 or tikro6@yahoo.com.
