December 08, 2008

The 1/4th blood quantum requirement

Based on a previous discussion, I asked a few people the following question:Do you know of any federal programs for Indians where you have to be an enrolled tribal member and be at least one quarter Indian by "blood"? I would've thought most or all federal programs required Indians only to be enrolled tribal members.The responses:The BIA used to have a requirement like that (membership plus 1/4) for benefits under the Snyder Act, but I believe it was struck down by the courts. See Zarr v. Barlow, 800 F.2d 1484 (9th Cir. 1986); Malone v. BIA, 38 F.3d 433 (9th Cir. 1994).

Carole Goldberg
There may be some that still say so, but the Cherokee Nation won a lawsuit some time ago about access to Indian Health Service that leads me to doubt that such could stand if challenged.

Steve Russell
Comment:  For more on the subject, see The Genetics of Being Indian.

1 comment:

gaZelbe said...

I thought Haskell's admission requirements were interesting: enrolled (potentially less than .25 bq, i.e. Cherokee) or unenrolled with proveable .25 bq


Students applying to attend Haskell must either be an enrolled or official member of a Federally
recognized tribe eligible for education benefits from the Bureau of Indian Affairs (BIA) or at least
one-fourth total degree Indian blood descendant of an enrolled member of a tribe eligible for BIA
education benefits.