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III Lame Laws

  • Orpheus Bradley

One of the biggest challenges for the Gabrielino-Tongva peoples and Native Americans as a whole, is navigating complicated laws. Since the mission system of the 18th century, laws have been used to coerce, displace, and exploit native peoples in California. This trend has continued well into today, with complications of tribal rights and recognition are a looming threat for Indigenous peoples. There are, however, some laws that protect Indigenous practices, places and reparation. These are some of those laws.

Trickster Coyote The coyote is a trickster spirit for the Tongva people who are the first human residents of Kuruvungna and Tovangaar. This intelligent and adaptable wild member of the dog family is frequently misunderstood and sometimes demonized, but continues to thrive, using those same skills that earned the coyote its place among the Sky People of the first Californians. https://topanganewtimes.com/2020/08/15/topangas-trickster-spirit-at-work/

Public Law 95-341

If the freedom of religion for all peoples is integral to the democratic structure of the United States,

And if the United States has upheld its refusal to deny freedom of religion,

And if Native American religious practices are integral to their life, culture and heritage,

And if those religions are indispensable and irreplaceable, And if lack of clear Federal policy has resulted in abridgment of religious freedom for Native Americans,

And if those religious infringements are from lack of knowledge or insensitive enforcement of Federal regulations,

And if such regulations existed that were geared towards conservation without the input of Native Americans,

And if such laws impaired the Native American right to worship, which includes access to sacred sites, possess sacred items, and intrusion upon ceremonies or practices,

Then let it be that the policy of the United States is to protect and preserve, for Native Americans, their inherent right of freedom to believe, express, and exercise the traditional religions of the Native American population. This includes, but is not limited to, access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.

Public Resource Code Section 5097.9

No public agency, and no private party using or occupying public property, or operating on public property, under a public license grant, lease, or contract made on or after July 1, 1977 shall interfere with the free expression or exercise of Native American religion as provided by both Federal and State constitution, nor shall any such agency or party cause severe or irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property except on clear and convincing showing of public interest.

NAGPRA

The “Native American Grave Protection and Repatriation Act” was enacted 1990 and directs ways for recognized tribe members to retrieve ancestral remains, funerary items, sacred objects, and any culturally significant article of lineal descendents. NAGPRA encourages, and sometimes requires, that federal agencies and places that receive federal funding (including universities and museums) return Native American remains and related objects of importance. This happens through direct correspondence through lineal descendants, tribes, and other organizations. There is a federal NAGPRA, but also a NAGPRA specific to the State of California (CalNAGPRA).

Analysis

It’s important to take a close and discerning look at these laws, as while they are meant to help Native Americans at large, there are often little loopholes written into the fabric of the law itself.

Take a close look at the language of each law. For example, in Public Resource Code Section 5097.9, there is an exception where it is possible for “clear public interest” to override a Native Americans’ freedom of expression. It is possible for a religious or ceremonial site to be damaged irreparably if there is “public interest”.

For NAGPRA, you’ll notice that the repatriation depends on recognition of the tribe or descendents before any correspondence can be established.

While we have begun to take steps for greater protections of Native Americans nationally, the work itself is not over. As you can see from the analysis of these acts, even laws meant to help Indigenous peoples can put them in tough positions.

References

  1. U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE. https://www.govinfo.gov/content/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap21-subchapI-sec1996.htm. Accessed 1 Sept. 2026. ↩︎

  2. CA Pub Res Code § 5097.9 (2025) ↩︎

  3. Native American Graves Protection and Repatriation Act (U.S. National Park Service). https://www.nps.gov/subjects/nagpra/index.htm. Accessed 1 Sept. 2026. ↩︎