The fight for Native American voting rights



The 19th Amendment was passed by the U.S. Congress in 1919 and ratified in 1920. It gave women the right to vote. But minorities, like Native Americans, were still unable to cast a ballot. New Mexico was one of the last states in the country to change that.The Land of Enchantment is home to 19 pueblos and three tribes, along with the Navajo Nation.”Native Americans weren’t considered citizens pretty much from the time of the United States’ inception until 1924,” said Patricia Perea, an instructional coordinator with the New Mexico History Museum. In 1924, the Indian Citizenship Act was passed. But in New Mexico, that did not matter.”New Mexico, in particular, had a section in its Constitution, its 1912 Constitution, that said native people were not considered taxing or taxed citizens,” Perea said. “They weren’t paying taxes, therefore they weren’t citizens, therefore they weren’t allowed to vote.”That changed in 1948 because of a man named Miguel Trujillo.Stay up-to-date: The latest headlines from KOAT Action 7 News Trujillo was born in 1905 on the Pueblo of Isleta.”He went to the Albuquerque Indian School, and then he went to Haskell University in Kansas, which is a university specific for native communities. Then he went to UNM,” Perea said.Trujillo was the first Native American to graduate from the University of New Mexico before going to serve in the U.S. Marines during World War II.”A lot of people, a lot of men in particular, had served in World War II, and they were coming back into the United States — realizing that they still weren’t being treated like citizens,” Perea said. In 1948, Trujillo traveled to Los Lunas in Valencia County to cast a ballot. He was denied that right by the county registrar Eloy Garley. Trujillo then went to his attorney, Felix Cohen, a lawyer known for Indian law. The two took the case to court and challenged New Mexico’s 1912 Constitution. “Even if our lands aren’t taxed, we’re taxed just buying things going into the community. So we are citizens in that respect,” Perea said.Action 7 News On The Go: Download our app for freeThe same year the case was filed, a panel of three judges ruled in Trujillo’s favor. They found the provisions in the state’s constitution violated the 14th and 15th Amendments. However, some Native Americans were still skeptical about voting.”What does it mean if we become citizens and if we vote? What other rights are going to be taken away? What doors are we opening? Because that could mean taking away land holdings that they had had in trust with the federal government,” Perea said. As time went on, Native Americans realized voting was their chance to get their voices heard on both the state and federal levels. They also learned they could maintain dual citizenship in the United States and in their nation.In 2018, history was made again during the election. Two Native American women were elected to Congress: Deb Haaland, a member of the Pueblo of Laguna in New Mexico, and Sharice Davids, from the Ho0Chunk Nation in Wisconsin.Haaland then made history again, becoming the first Native American Cabinet member as Secretary of the Interior. The New Mexico History Museum has a traveling exhibit educating everyone on the importance of Trujillo v. Garley.This year marks its 75th anniversary. Follow us on social: Facebook | Twitter | Instagram | YouTube

The 19th Amendment was passed by the U.S. Congress in 1919 and ratified in 1920. It gave women the right to vote. But minorities, like Native Americans, were still unable to cast a ballot.

New Mexico was one of the last states in the country to change that.

The Land of Enchantment is home to 19 pueblos and three tribes, along with the Navajo Nation.

“Native Americans weren’t considered citizens pretty much from the time of the United States’ inception until 1924,” said Patricia Perea, an instructional coordinator with the New Mexico History Museum.

In 1924, the Indian Citizenship Act was passed. But in New Mexico, that did not matter.

“New Mexico, in particular, had a section in its Constitution, its 1912 Constitution, that said native people were not considered taxing or taxed citizens,” Perea said. “They weren’t paying taxes, therefore they weren’t citizens, therefore they weren’t allowed to vote.”

That changed in 1948 because of a man named Miguel Trujillo.

Stay up-to-date: The latest headlines from KOAT Action 7 News

Trujillo was born in 1905 on the Pueblo of Isleta.

“He went to the Albuquerque Indian School, and then he went to Haskell University in Kansas, which is a university specific for native communities. Then he went to UNM,” Perea said.

Trujillo was the first Native American to graduate from the University of New Mexico before going to serve in the U.S. Marines during World War II.

“A lot of people, a lot of men in particular, had served in World War II, and they were coming back into the United States — realizing that they still weren’t being treated like citizens,” Perea said.

In 1948, Trujillo traveled to Los Lunas in Valencia County to cast a ballot. He was denied that right by the county registrar Eloy Garley. Trujillo then went to his attorney, Felix Cohen, a lawyer known for Indian law. The two took the case to court and challenged New Mexico’s 1912 Constitution.

“Even if our lands aren’t taxed, we’re taxed just buying things going into the community. So we are citizens in that respect,” Perea said.

Action 7 News On The Go: Download our app for free

The same year the case was filed, a panel of three judges ruled in Trujillo’s favor. They found the provisions in the state’s constitution violated the 14th and 15th Amendments. However, some Native Americans were still skeptical about voting.

“What does it mean if we become citizens and if we vote? What other rights are going to be taken away? What doors are we opening? Because that could mean taking away land holdings that they had had in trust with the federal government,” Perea said.

As time went on, Native Americans realized voting was their chance to get their voices heard on both the state and federal levels. They also learned they could maintain dual citizenship in the United States and in their nation.

In 2018, history was made again during the election. Two Native American women were elected to Congress: Deb Haaland, a member of the Pueblo of Laguna in New Mexico, and Sharice Davids, from the Ho0Chunk Nation in Wisconsin.

Haaland then made history again, becoming the first Native American Cabinet member as Secretary of the Interior.

The New Mexico History Museum has a traveling exhibit educating everyone on the importance of Trujillo v. Garley.

This year marks its 75th anniversary.

Follow us on social: Facebook | Twitter | Instagram | YouTube

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