SACRAMENTO—California Senate Judiciary Committee members approved a measure establishing enforceable protections for the free exercise of California Indian customs, ceremonies and spiritual practices on state lands. The measure, AB 1881, is authored by Assemblymember James C. Ramos (D-San Bernardino).
“In a just world, there would be no need for this bill. Yet the State of California and the federal government have historically attempted to force assimilation on Native Americans. It’s a long litany of grievous wrongs. California’s First People have faced an exhortation from the first governor to exterminate Native Americans, abduction of their children and placement in boarding schools to ‘kill the Indian’ in them, and other laws prohibiting religious and cultural practices,” Ramos said. “Now we face the aftermath of that history, and that is why this bill is necessary,” he added.
AB 1881 would prohibit any state agency from substantially burdening a California tribe’s right to spiritual practices that others already enjoy, permit access to sacred sites on state public lands and permit the gathering of traditional plants, foods, and other materials essential to tribal religious practice. Burdensome regulations are prohibited unless the government can demonstrate a compelling interest that is pursued through the least restrictive means possible. The measure would align state law with the principles of the United Nations Declaration on the Rights of Indigenous Peoples that affirms the rights of Indigenous people to maintain their cultural traditions, access to and protection of sacred sites provided to other faiths.
Morning Star Gali, sponsor of the bill and Chief Executive Officer and Founder of Indigenous Justice, noted, "AB 1881 is about ensuring California Indian people can freely access and practice our religions, ceremonies, and cultural traditions on state managed lands. Native communities have faced unnecessary barriers to exercising our inherent rights. This vote brings us one step closer to protecting our ability to pray, gather, and carry forward our traditions for future generations. We thank Assemblymember James Ramos, the Senate Judiciary Committee, Tribal leaders, and the many advocates who continue to stand for American Indian religious freedom, justice, and self-determination. “
AB 1881 also ensures that California Indians may carry sacred items without penalty with appropriate accommodations into the State Capitol.
Indigenous Justice is the bill’s sponsor. A partial list of supporters includes California Rural Indian Health Board, California Tribal Business Alliance, Coalition of California State Tribes, Indian Health Council, Santa Ynez Band of Chumash Indians, Stanford Native Law & Sovereignty Collective, The W. Haywood Burns Institute, Dunlap Band of Mono Indians Cultural Association, International Indian Treaty Council, KaKoon Ta Ruk Band of Ohlone-Costanoan Indians of the Big Sur Rancheria, Kaweah Yokuts Circle and the Nor El Muk Band of Wintu Indians of Northern California.
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Assemblymember James C. Ramos proudly represents the 45th Assembly district that includes the Cities of Fontana, Highland, Mentone, Redlands, Rialto and San Bernardino. He is the first and only California Native American serving in the state’s legislature. Ramos chairs the Assembly Budget Subcommittee #6 on Public Safety and the Assembly Select Committee on Native American Affairs.