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Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>You Still Here? Bonus Steve Inman Edition, Monday, April 22, 2024 | Cowboy State Daily</title>

You Still Here? Bonus Steve Inman Edition, Monday, April 22, 2024

 Climate activist idiots try to disrupt Dancing With The Stars and fail miserably. Narrated by MMA announcer, Steve Inman...

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Government & Politics

Politics

State Sen. Eric Barlow released poll results Tuesday showing him with a sizable lead over other Republican candidates in the race for Wyoming governor.

[{"type":"text","text":"Two of his opponents doubt that outcome. One of them doesn’t."}]

Barlow, a legislator of 13 years and former House speaker, is running for the Republican nomination against Superintendent of Public Instruction Megan Degenfelder, retired Marine Col. Brent Bien, and Centennial man Curt Blake.

His campaign released polling results Tuesday showing him at 42% support, followed by Degenfelder at 19% and Bien at 14% — with 22% undecided — when people were asked who they would vote for if the election were held today.

The poll was taken in the past three days by the Pulse Decision Science firm, the campaign says.

“Barlow has gained 10 points since the campaign’s previous survey and his net favorability has climbed from +19 to +34,” says a Tuesday statement by his campaign. “This comes even as he has been outspent more than 5-to-1 by Degenfelder and the outside groups supporting her.”

Barlow said he’s taken six full trips through all 23 Wyoming counties and is starting his seventh statewide tour.

[{"type":"text","text":"The primary election is set for Aug. 18."}]

“We believed from the beginning that if we showed up, listened and stayed focused on Wyoming, voters would respond,” Barlow said. “This poll is encouraging, but it does not change how we campaign.

[{"type":"text","text":"\"We will keep showing up, keep listening and keep earning every vote.\""}]

Barlow told Cowboy State Daily in a Tuesday-evening phone call that he trusts the polling, and its cross-tabulation veracity checks. He said Wyomingites' reception of him on the campaign trail is also "quite encouraging." 

His campaign has amassed 2,500 volunteers and contributions from nearly 2,000 individual Wyoming donors, with more than $1 million raised from in-state individuals, the statement says.

The statement says Barlow has focused his campaign on expanding economic opportunity, improving access to rural health care, strengthening Wyoming’s energy and agriculture industries, addressing housing challenges, keeping decisions local and keeping the state's public lands accessible to Wyomingites. 

[{"type":"text","text":"Nah, Says Degenfelder"}]

Degenfelder’s campaign manager Charlotte Jones emphasized that Barlow’s numbers are from his own campaign.

“Voters should take the Barlow campaign’s internal ‘polling’ numbers with a heavy grain of salt, which come as no surprise from the campaign of a career politician desperately trying to run from his record of opposing Wyoming Industries and Wyoming values,” wrote Jones in a Tuesday email. 

“Megan’s campaign is focused on talking to voters about the issues they care about and highlighting her record as the only candidate in the race with a proven record fighting for our mineral industries, and defending women’s sports and parental rights," wrote Jones, "which is why she has earned the support of Donald Trump and Harriet Hageman.”

Trump endorsed Degenfelder in January before she entered the race, and doubled down with a 

U.S. House Rep. Harriet Hageman, who’s running for U.S. Senate, has endorsed Degenfelder and campaigned with her in multiple locations.

[{"type":"text","text":"Not Doing That"}]

The Wyoming Republican Party Central Committee broke tradition Monday night and 

One delegate, Weston County GOP Chair Kari Drost, asked the committee to consider endorsing Degenfelder as well, but the committee cast a majority vote to end the process instead.

The Central Committee considered, but voted against, adopting an official position opposing Barlow.

Bien is not doing polling, says a Tuesday email from his campaign associate Cheryl Aguiar. She called his campaign a grassroots effort.

“As someone who taught statistics to graduate students, I would have all sorts of questions on methodology, sample size, randomness, question wording, and other aspects mainly founded in ‘who paid for the poll?’” she said.

The landline and cellphone call poll was taken from 400 likely Republican primary election voters and with a margin of error of 4.9%, according to the Barlow campaign.

The main prompt asks, “If the Republican Primary election for Wyoming Governor were held today, for whom would you vote?”

Respondents could give answers in three categories for each of the four candidates. For example, for Barlow they could choose “Definitely Barlow,” “Probably Barlow,” or “Lean Barlow.”

[{"type":"text","text":"They could also choose different variations of undecided.  "}]

“Since we don't have the poll's methodology, I would say that this poll is obviously being released by a campaign, so we would advise voters to evaluate it accordingly,” wrote Aguiar. “Our campaign is more interested in what we're hearing from Wyoming  citizens at town halls and community events across the state.”

[{"type":"text","text":"Aguiar said campaigns release internal polling “to tell a story.”"}]

“We respect that. Our campaign is focused, though, on earning votes, not headlines,” wrote Aguiar, adding that no one appears to have gathered 50% of voters and the race has room for “a lot of movement.”

A political action group (PAC) called Women For Responsible Government Action has run multiple attack ads against Barlow, and favorable ads supporting Degenfelder in recent weeks.

This PAC bears a similar name to one linked to Hageman’s campaign for U.S. Senate, “Women for Responsible Government PAC.”

But the group launching TV ads against Barlow is a 501(c)4 issue group run by Hageman’s allies, not Hageman, according to a Thursday text message from Hageman’s campaign advisor Tim Murtaugh.

Murtaugh said Hageman does not control the TV-ad-buying PAC, but it “often aligns with her views, including protecting Wyoming’s children from permanent genital mutilation and preventing coercive gender identity education for kindergarteners.”

Jones said Thursday on Degenfelder’s behalf that the superintendent isn’t aligned with either the action PAC or the PAC funding Hageman’s Senate run.

"Megan is not involved with either organization, and her campaign is not permitted to coordinate with either of them,” wrote Jones. “She is focused on her own campaign and her positive message of making Wyoming more affordable, growing our legacy industries and protecting Wyoming values."

The PAC has run ads touting Degenfelder as a “strong leader” who has stood with Trump, fought for school choice, getting “pornography out of our libraries” and keeping men out of girls’ sports.

Degenfelder has not worked as a legislator and has passed no laws toward those goals. She has backed legislation toward those ends, however.

Soon after she became superintendent she 

 sexually-explicit books out of school libraries. That issue had 

The attack ads lend credibility to Barlow’s favorable poll results, longtime politico and former Assistant Interior Secretary Rob Wallace told Cowboy State Daily in a Tuesday phone interview.

“The fact that Eric has been attacked so hard the last two-to-three weeks tells me the opposition knows that these poll numbers are valid, or similar,” said Wallace. 

He clarified, saying that with “dark money” or independent PACs, people generally don’t know who’s behind them.

Wallace also said it wouldn’t serve Barlow to dispatch bad poll numbers at this phase of the race.

[{"type":"text","text":"Barlow emphasized the ads and the PAC money behind some of them as well."}]

“Eric Barlow is winning this race and pulling away while taking five times more in hostile media spending than any other candidate,” says a Tuesday statement by his campaign.

The statement says Barlow’s campaign team has spent $80,688 on radio and TV ads – about $10,200 more than Degenfelder.

But Women for Responsible Government Action has spent $202,265 and Wyoming’s Turn PAC has spent $149,815 on TV, cable and satellite messaging either backing Degenfelder or opposing Barlow, the statement says.

“The outside groups are blanketing every media market with lies about Eric Barlow’s record reaching Wyoming, Denver, Salt Lake, Idaho Falls, and Rapid City cable zones,” the statement says, “while Barlow has held a disciplined broadcast and radio footprint.”

The statement asserts that “out-of-state dark money is not moving the race; it is hurting Degenfelder and hardening support in Barlow's favor.”

[{"type":"text","text":"What He Actually Voted For"}]

One of the PAC’s ads claims that Barlow voted to allow sexual orientation and gender identity to be taught to kindergarteners and to allow sex change procedures “to be done on kids.”

[{"type":"text","text":"The record tells a different story."}]

Barlow voted against the 2023 Senate File 111, which would have criminalized parents and doctors for their roles in transitioning children’s genders medically.

, calling the bill’s definitions ill suited for its purpose.

Barlow had nothing but praise for the 2023 bill Chloe’s Law, however, and voted in favor of it. The bill sought to strip violating medical professionals of their licenses.

[{"type":"text","text":"“This bill I find to be very precise,” said Barlow at the time."}]

The House Appropriations Committee killed Chloe’s Law that year after the Senate voted 26-5 in its favor. But a later version of it became law in 2024 — with Barlow voting aye once again.

"I absolutely believe minors need to be protected form physically altering surgeries, period," Barlow said Tuesday. He noted that the bill has exemptions allowing treatments for kids with intersex designations or conditions, and puberty blockers for kids with precocious puberty. 

Barlow had, as the ad notes in a subtext, voted against the 2023 

. It sought to ban teaching of gender ideology to public-school kids in grades through kindergarten through third grade.

But Barlow voted in favor of that bill’s 2024 successor, 

The sequel legislation bans schools from teaching sexual orientation or gender identity without prior permission, and compels schools to notify parents if their children experience psychological changes, which may include a newly-voiced transgender identity. 

He told Cowboy State Daily on Tuesday that the 2024 bill was simply written better. 

"I read the bills, right," said Barlow. "Read the bills. Not just who it protects but how it protects them."

The 2024 bill was "a much stronger bill and much more protective of Wyoming kids, which they deserve," he said. 

[{"type":"text","text":"Not Surprised At All"}]

Blake hasn’t built the name recognition of the other three candidates and in a Tuesday phone call, and said he was unsurprised to find his name left out of the Barlow campaign’s announcement.

Blake is running as a “purple” Republican, and said he’d love to keep Wyoming as it is. He cast himself as pragmatic.

“I think a poll can say whatever you want it to say,” said Blake. “With that being said, it wouldn’t surprise me if Eric is in the lead. He’s a damn good guy.”

Eric barlow 7 21 26

<title>Barlow Campaign Releases Poll Claiming Big Lead Over Degenfelder And Bien | Cowboy State Daily</title>

The Eric Barlow gubernatorial campaign released an internal poll Tuesday showing a significant lead over both Megan Degenfelder and Brent Bien. According to his internal polling numbers, 42% of voters support Barlow while Degenfelder is at 19% and Bien at 14%.

Barlow Campaign Releases Poll Claiming Big Lead Over Degenfelder And Bien

Headshot of Cowboy State Daily's Feature Reporter, Andrew Rossi.

Andrew Rossi

Outdoors

Public Lands

A tourist caught on video climbing on top of one of the iconic buildings in Grand Teton National Park not only broke the law, he disrespected “my family’s heritage,” said the grandson of Thomas Alva Moulton, who along with brother John Moulton, built the most famous homesteads on Mormon Row.

. A man climbed to the top of one of the historic structures adjacent to the pink house on the John Moulton Ranch.

“A tourist climbed onto the roof of one of the historic buildings just to take photos,” she said, but she didn’t say whether the man had been reported to park rangers.

<blockquote class="instagram-media" data-instgrm-permalink="https://www.instagram.com/reel/Da00gdXO94z/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14" style=" background:#FFF; border:0; border-radius:3px; box-shadow:0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width:540px; min-width:326px; padding:0; width:99.375%; width:-webkit-calc(100% - 2px); width:calc(100% - 2px);"><div style="padding:16px;"> <a href="https://www.instagram.com/reel/Da00gdXO94z/?utm_source=ig_embed&amp;utm_campaign=loading" style=" background:#FFFFFF; line-height:0; padding:0 0; text-align:center; text-decoration:none; width:100%;" target="_blank"> <div style=" display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #F4F4F4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style=" background-color: #F4F4F4; 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[{"type":"text","marks":[{"type":"bold"}],"text":"My Family’s Heritage"}]

While the Moulton family no longer owns the historic structures, they still have a deep connection to their homesteads in the Teton Valley.

Steve Moulton is the grandson of T.A. Moulton, who built 

of the still-standing structures on Mormon Row and one of the most photographed barns in the world.

“My grandfather built the T.A. barn way back in the early 1900s,” he told Cowboy State Daily. “My dad helped build it and worked on it over the years. I have worked on it myself. I've been on the roof of the T.A. barn because we were putting a new roof on it.”

Moulton admitted that he climbed all over the T.A. Moulton Barn as a child, but that was when it was his family’s property.

The 1-acre parcel with the T.A. Moulton Barn was sold to the National Park Service in 2018, making it the last privately owned real estate on Mormon Row to be folded into Grand Teton National Park.

“I’m associated with the T.A. Moulton Barn, but that doesn't mean that I want to see anything going on down at the John Moulton Barn either,” Steve said. “It’s my family's heritage.”

omeone clambering over the historic building, especially since there’s been such an effort to ensure the remaining structures at Mormon Row remain standing.

“It's clear that there are people in this world who have no respect for public property,” he said. “To keep them in good condition, we have to take care of them, because yes, they are fragile.”

Grand Teton officials "are aware of the video" and warn that "climbing on historic structures can cause irreversible damage," said park spokesperson Emily Davis in a statement to Cowboy State Daily.

“At Mormon Row, visitors come to experience a remarkable historic landscape,” she added. “When someone disregards the rules and climbs on these structures, it detracts from that shared experience and puts an irreplaceable piece of our nation's history at risk.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Loved To Death"}]

Most people who visit Yellowstone and Grand Teton national parks from around the world don’t have destructive intentions. They just want to take in the beauty of the landscape, like millions of others.

[{"type":"text","text":"That, however, can be part of the problem."}]

As visitation to national parks increases, one commonly heard concern is that they’re “

” The reason is that higher densities of tourists are, intentionally or unintentionally, causing more destruction and disturbance to the natural vistas that drew people there in the first place.

“We ask all visitors to help preserve historic buildings by viewing them from designated areas and not climbing on or entering the structures,” Davis said. “Historic buildings can be more fragile than they appear, and even what might seem like minor actions can contribute to the buildings' deterioration over time.”

[{"type":"text","text":"Steve shares some of that concern. "}]

[{"type":"text","text":"As Mormon Row has become more popular, the impact on the area is evident."}]

“What bothers me is there's so much foot traffic around the T.A. Barn,” he said. “The pictures used to have green grass in front of the barn. Now, it's just dirt because there is so much traffic.”

 at Mormon Row is underway. Jenkins has said it was part of several “micro-geographic” efforts to improve popular spots in the park for a better overall visitor experience.

“We want to be able to host more visitation at Mormon Row, so we're looking at things we can be doing to help manage that visitation,” he told Cowboy State Daily in May.

The list of desired site improvements includes a larger, centralized parking lot, new interpretive and wayfinding signs, distinct walking paths, and furnishings like benches and trash cans, new restrooms, and a 0.75-mile trail extension connecting Mormon Trail Road to Antelope Flats Road.

“Construction started at Mormon Row earlier this month,” Davis said. “Site improvements there are part of a multi-phase project to improve accessibility and the visitor experience while protecting the site's historic character.”

These improvements will go hand-in-hand with an ecological restoration of Mormon Row. 

Native vegetation will be planted and damaged areas restored, and the new parking lot will be built further away from the historic homesteads to ensure the landscape and views remain as pristine as possible.

they’d help to mitigate the damage of visitor traffic. However, that doesn’t eliminate the damage caused by reckless tourists who are determined to do their own thing to the detriment of the park and its visitors.

“We want (Mormon Row) to last many more decades, so we have to be really careful with anything that goes on around them, as far as touching, climbing, or taking stuff off them for souvenirs,” he said.

Many people value the serenity of Mormon Row and the Moulton barns as much as the Moulton family itself. Steve hopes that will lead to better decisions and increased awareness.

“I want visitors to understand their historical importance,” he said. “I want them to have the same feelings as my family does about preserving the integrity of those structures, so we have to take great care to not do anything that will be destructive to them.”

Climing on Moulton building 1 7 21 26

<title>Grand Teton Tourist Caught Illegally Climbing On Famous Mormon Row Building | Cowboy State Daily</title>

A tourist caught on video climbing one of the famous Mormon Row buildings in Grand Teton Park broke the law and disrespected “my family’s heritage,” said the grandson of T.A. Moulton who, along with his brother, built the most park's famous homesteads.

Grand Teton Tourist Caught Illegally Climbing On Famous Mormon Row Building

The doctor whom Gov. Mark Gordon sought to remove from the Wyoming Board of Medicine over the doctor’s outspoken advocacy for a ban on child sex changes has won his appeal – halfway.

 in the governor’s personal and official capacity for three alleged free-speech and petition violations, all stemming from Cubin’s advocacy for “Chloe’s Law” – a proposed ban on sex-change treatments for kids that ultimately became law.

Cubin, a Casper radiologist, was pushed off the board because of things he said while lobbying state lawmakers to pass Chloe’s Law while he was a member of the Board of Medicine. 

This came after his multiple failed efforts to try and convince Wyoming Medical Society leadership to change its opposition to the bill.

In a letter to state legislators, Cubin called the Medical Society, of which he was a member, “woke” and taken over by “extremely liberal” members.

“I urged our legislators to be circumspect about the information they were being provided and cautious about what they allow physicians to do to kids in our state — something that is now the law across Wyoming,” Cubin said at the time.

[{"type":"text","text":"Gordon wrote to Cubin to remove him from the Wyoming Board of Medicine."}]

The governor told Cubin the doctors the board governs should “have confidence that board members prosecute their responsibilities on the board in an objective and unbiased way.”

[{"type":"text","text":"But Cubin resigned instead."}]

Then he sued the governor in both his official and personal capacities. For the official claims, Cubin wanted the court to make Gordon restore Cubin to his seat on the board, and to declare that Gordon had violated Cubin’s First Amendment rights.

For the personal claims, Cubin sought “monetary damages” against Gordon “in an amount to be determined at trial.”

U.S. District Court Judge Scott Skavdahl pronounced the whole lawsuit insufficient for court and dismissed it.

The judge found that Cubin had failed to show the governor unconstitutionally retaliated against him for his speech because, in Skavdahl’s view, Cubin’s speech didn’t rise to the level of “public concern” and the government’s interest in “promoting efficiency” on the board outweighed Cubin’s expressive rights.

Skavdahl also concluded that for the personal-capacity claims, Gordon has qualified immunity.

A panel of three 10th Circuit Court of Appeals Judges disagreed, saying Cubin’s speech does rise to the level of public concern.

Their Tuesday order sends the case back down to the Wyoming-based federal court for further review – and revives Cubin’s claims against Gordon in his official capacity.

Cubin's attorney Brendan Philbin, of the Liberty Justice Center, said he and Cubin are "thrilled with the result" of the appeal. 

"I think the court really nailed it on what this case is about, when they said that speech on matters of democratic debate is of paramount public importance," said Philbin. "We’re rally happy the court saw that Dr. Cubin was participating in the legislative process and really exercising the rights that we hold dear, to participate in representative government. And we’re excited now to go back to the district court and continue to seek justice for him."

[{"type":"text","text":"Philbin also called the remand a win for Wyomingites. "}]

the governor remains confident that the merits of this case will show he did not infringe on Cubin’s freedom of speech.

“The Governor is confident that he will also prevail in his official capacity upon remand to the District Court,” said Edmonds. 

[{"type":"text","text":"A Matter Of Public Concern"}]

A person is likelier to prove that his government employer retaliated against him for his speech if his speech was a matter of public concern.

Cubin’s complaints about the Wyoming Medical Society cut against that claim because that’s a private group, wrote 10th Circuit Court Judge Nancy Moritz in the Monday remand order. But he was clearly lobbying for legislation, on a matter of high public concern, the order also says – which cuts in his favor.

“Gordon urges us to view Cubin’s frustrations… as personal grievances with the internal dynamics of the Society, a private organization,” wrote Moritz. 

“On the other hand,” the order counters, “Cubin raised these concerns in opposition of the Society’s 

facts characteristic of ‘the type of core political speech the First Amendment was designed to protect.’”

Cubin’s speech was a matter of public concern, so his retaliation claim against Gordon as an official is revived, the order says.

[{"type":"text","text":"Balancing Disruption Vs. Speech"}]

Gordon had explained his decision to remove Cubin as a safeguard against people questioning the board’s impartiality, and against disruption of “at least some of the Board’s core functions.”

Government employers have an interest in regulating their employees’ speech, but courts also balance that interest against employees’ rights.

Skavdahl’s court hasn’t seen enough evidence for the judge to side with Gordon on that one, the 10th Circuit decision says.

[{"type":"text","text":"Just Sue The Government Though"}]

The Monday order upholds Skavdahl’s ruling that Gordon gets qualified immunity for his attempt to remove Cubin.

[{"type":"text","text":"That means Cubin can’t sue Gordon for money in his personal capacity. "}]

A key tenet of qualified immunity holds that government officials – such as police officers, governors or other public employees – would have to break a clearly-established right to face lawsuit liability as individuals.

Though Cubin showed a strong enough case for retaliation to revive his official-capacity claims, he didn’t prove that Gordon was violating a clearly-established right, the appeals court ruled.

“It was not clearly established that Cubin’s email (complaining about the Medical Society) addressed a matter of public concern,” the order says. “And Gordon is entitled to qualified immunity in his personal capacity.”

10th Circuit Court Judge Richard Federico and a Utah-based U.S. District Court Judge filling in on the case - Ann Marie McIff Allen – also joined Mortiz’s ruling.

Eric Cubin and Gordon 8 29 24

<title>Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court | Cowboy State Daily</title>

The doctor Gov. Gordon sought to remove from the Wyoming Board of Medicine for advocating a ban on child sex changes has won his appeal – halfway. A Tuesday ruling sent the case back to federal court, reviving First Amendment claims against Gordon.

Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court

Days after a religious clash exploded on the Wind River Indian Reservation, the Northern Arapaho Tribe’s government says it has adopted a new policy requiring ministry and charitable groups to get tribal authorization for their work on the reservation.

The Northern Arapaho Business Council (NABC), which is the tribe’s six-person leadership board, posted an announcement about the new policy to social media Monday.

The announcement says the policy is “reaffirming the Northern Arapaho Tribe’s inherent sovereign authority to require consultation and governmental authorizations seeking to conduct recurring ministries, charitable services, outreach programs, and other organized activities on lands under the jurisdiction of the Northern Arapaho Tribe.”

This controversy started July 5, when Christian pastor Sarah Lucas, of Foundations for Nations, preached 

against some of the tribe’s Sundance ceremonies

 involving a pipe relic as a prayer centerpiece. She had indicated praying "to pipes" is idolatry. 

She had said, “a pipe cannot hear your prayers,” and “we know that Jesus is enough.”

Foundations for Nations falls within the exterior boundaries of the Wind River Indian Reservation but it sits on private, not tribal land. It has been ministering in Fremont County for nearly a decade, and runs a food pantry in town as well as kids' programs. 

. Lucas refused, telling Cowboy State Daily she’s sorry the sermon came off as an attack, but not sorry for preaching from the Bible.

[{"type":"text","text":" “Jesus is the only way,” she said."}]

The board’s announcement says that the tribe’s records department reviewed records to see if Foundations for Nations had ever received authorization from the tribal government “to conduct recurring organized ministry or outreach activities on the Reservation.”

The review found no documentation that the church is authorized to work on the reservation, says the announcement.

NABC Chair Keenan Groesbeck has told the church that the tribe requests consultation “before any expansion of recurring ministry activities under the new policy,” the announcement says. 

The tribe has invited “the organization” to meet with the NABC by July 25 to discuss its mission, leadership, funding, activities, and “any documentation it believes demonstrates authorization to operate on lands under Tribal jurisdiction.”

It may be a point of debate whether private land surrounded by tribal trust lands falls within tribal jurisdiction, and if so, for what purposes. It’s unclear if the tribe’s new policy is constitutional.

“This policy is not about preventing anyone from practicing their religion,” Groesbeck said in the statement. “It is about respecting the sovereign government of the Northern Arapaho Tribe. Any outside organization seeking to conduct organized activities within our jurisdiction should first communicate with the elected leadership of our Nation and work in partnership with the Tribe.”

NABC says in the statement that the policy will apply uniformly to outside groups.

[{"type":"text","text":"Lucas declined Tuesday to comment. "}]

[{"type":"text","text":"Constitution, Law"}]

The First Amendment to the U.S. Constitution says, in part, that Congress shall make no law prohibiting the free exercise of religion, abridging the freedom of speech or the freedom of the people to assemble peaceably.

After the American Civil War, Congress passed the 14th Amendment to expand those prohibitions to state governments. Neither amendment imposed restrictions on tribal governments’ ability to impede the free exercise of religion or speech, or other listed rights.

A century later in 1968, Congress imposed some – but not all – Bill of Rights restrictions on tribal governments through the Indian Civil Rights Act. The law protects rights similar to the U.S. Constitution’s first, fourth, fifth, sixth and eighth amendments, and portions of the 14th Amendment.

“No Indian tribe in exercising powers of self-government shall… make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances,” the law says. 

Disputes have surfaced over the years, regarding just how much Congress can regulate tribal governments.

The U.S. Constitution delegates just one congressional authority over tribes: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Curiously, tribal governments were some of the strongest proponents of interpreting the “Indian Commerce Clause” to give Congress broad power over American Indian tribes.  

That advocacy unfolded during the U.S. Supreme Court case Brackeen v. Haaland, which contemplated whether a federal law giving tribes primacy over Native child custody matters is constitutional.

The high court found it constitutional. It took a broad view of the Indian Commerce Clause to do so.

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