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Reproductive Justice Denied Once Again in Indian Country

Today, the Supreme Court of the United States (SCOTUS) released its highly anticipated verdict in the Dobbs v Jackson case. 

At Crushing Colonialism, we are enraged, but not surprised, that SCOTUS voted to overturn Roe v Wade, currently leaving those in twenty-six states without the legal access to abortion. But for Native womxn and pregnant people in Indian Country, the situation is even more dire.

A federal law known as the Hyde Amendment bans the use of federal funds to cover abortion outside of life-saving measures for the pregnant person, or cases of rape or incest. As a result, Native womxn and pregnant people have long gone without abortion coverage at the Indian Health Service (IHS) – regardless of Roe. This is in direct contradiction to the trust and treaty responsibilities that our ancestors paid for with their lives and their lands.

A study by the Native American Women’s Health Education Resource Center in fact found that between 1981–2001, the IHS performed only twenty-five abortions. Further, 85 percent of IHS facilities were non-compliant with IHS and Hyde Amendment regulations, meaning these facilities failed to provide abortion services for womxn in permitted circumstances and even failed to provide referals for these womxn.

Jen Deerinwater, a citizen of the Cherokee Nation of Oklahoma and founding executive director of Crushing Colonialism, comments:

As I discuss in my piece, Sovereignty Lost included in the free ebook We Organize to Change Everything: Fighting for Abortion Access and Reproductive Justice by Verso Books and Lux Magazine, our rights to reproductive justice have been denied in multiple ways. From our children being stolen from us to the sterilization of our relatives, we have been denied our sovereign rights as Native people and nations. Unfortunately, when Native people speak up, particularly those of us who are multiply-marginalized, we are often hit with hate and violence as I’ve recently experienced in just the last 24 hours. 

As a Two-Spirit womxn who has had an abortion I chose to use gender neutral and expansive language throughout my writing. For this I was attacked by cis colonizers from Europe (Yes, they are actually in Europe) who felt they had the right to speak over me, to tell me how I should identify, and to insult me and our people with racist, ableist, and anti-queer slurs. I won’t be silenced. 

This rhetoric and control of the media and narrative is precisely why I began Crushing Colonialism. We as Indigenous people are the only ones who can speak on our experiences and as those experiences are vast so should the coverage of our relatives and issues. Crushing Colonialism exists to support our relatives in their work as multi-media content creators and storytellers. 

I founded this organization without any initial seed money. We’ve survived for five years primarily off of sheer determination and tenacity. To the dismay of colonizers though, we’re building deep roots to grow as a community and movement. We need your help though to make this happen. Please donate what you can, and follow us on all social media platforms, so that we can continue to uplift the voices of all our relatives. 

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About the Author

Jen Deerinwater, Founding Executive Director of Crushing Colonialism, is a bisexual, Two-Spirit, multiply-disabled citizen of the Cherokee Nation of Oklahoma and an award-winning journalist and organizer who covers the myriad of issues Jen’s communities face with an intersectional lens.