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SD Law Allows Students to Wear Tribal Feathers to Graduation; Pale Privilegists Puzzled and Petty

Last year, Representative Shawn Bordeaux (D-26A/Mission) brought 2018 House Bill 1252, which sought to protect American Indian students from discriminatory school district policies banning Native regalia and other cultural symbols at public ceremonies like high school graduations. South Dakota schools actually imposed this discrimination on Indian students. Rep. Bordeaux made a case for stopping such racism that was compelling enough to get 62 of his fellow Representatives, 34 Senators, and Governor Dennis Daugaard himself to write 2018 HB 1252 into law to protect our Lakota, Dakota, and Nakota sons’ and daughters’ right to honor their tribes when they graduate from our high schools:

The state, any of its political subdivisions, municipalities or subdivisions thereof shall not prohibit any person from wearing traditional tribal regalia or objects of cultural significance at a school honoring or graduation ceremony. For purposes of this section the term, tribal regalia or object of cultural significance, means an eagle feather or eagle plume [2018 HB 1252, now SDCL 13-1-66, enacted 2018.07.01].

That last sentence, restricting the state’s protection to eagle feathers and eagle plumes, was added in the Senate Education Committee and makes clear that this statute focuses specifically on American Indian tribal members, against whose ancestors we waged literal and atrocious war, and against whom our dominant colonialist culture continues to wage a campaign of ignorance, neglect, contempt, and hostility.

2018 HB 1252 creates a remarkably limited legal protection for members of tribes on whose land we might most politely say we are uninvited guests. The Associated School Boards of South Dakota reminded its members schools of this legal protection in April, so there should be no confusion about what schools are required to accommodate at graduation ceremonies and what their dress codes may still restrict.

The Pierre School District has no problem understanding this legal protection. Pierre Superintendent Dr. Kelly Glodt says his district, in which a quarter of the student body is indigenous, allowed American Indian students to wear eagle feathers, eagle plumes, and beads even before 2018 HB 1252 took effect. They also allow the playing of a Lakota honor song at graduation, an acknowledgement of Lakota heritage that fellow river city Chamberlain has long resisted. But the Pierre School District is not allowing this historically rooted and culturally appropriate protection for indigenous students to be bloated into a graduation-bedeckment privilege for all students:

Earlier this week, a non-Native American student requested permission to decorate the cap they would be wearing, but the school officials told that student it wouldn’t be allowed.

“We want to respect every kid, we want to congratulate every kid, we want it to be an important ceremony for every child, and our ceremony is maybe more formal than some. We don’t allow all the kids to just put whatever they want on their graduation caps,”

Superintendent Dr. Kelly Glodt wants to maintain the formality of graduation, while ensuring each student enjoys their day, and he has no plans to change their graduation policy [Ryan Martin, “Graduation Cap Policy Causes Confusion,” KSFY, 2019.05.17].

Leave it to white privilegists—you know, the folks for whom recognition of minority cultures feels like reverse racism, because how dare anyone else be given a place of privilege for even a few minutes and distract the majority from their sense of unchallenged dominance in all things—to be confused by plain law:

Comment on KSFY Facebook post of above story, 2019.05.18.
Comment on KSFY Facebook post of above story, 2019.05.18.
Comment on KSFY Facebook post of above story, 2019.05.18.
Comment on KSFY Facebook post of above story, 2019.05.18.
Comment on KSFY Facebook post of above story, 2019.05.18.
Comment on KSFY Facebook post of above story, 2019.05.18.

Some Trumpists from who knows where jump in to cry that the Pierre School District is violating free speech rights and that kids should be allowed to wear their MAGA hats. That claim fails because there is a world of moral and cultural difference between genuine cultural artifacts and regalia that signify the values of an indigenous culture and the cheap Chinese polyester fabrications that affirm misogyny, racism, and hypocrisy. That claim also fails because this is not a First Amendment issue. High school graduations are not public forums for the exercise of First Amendment rights. School districts control who speaks and what speech is given. State law creates this one explicit exception to that local control, requiring schools to allow students to wear specific items of significance to their Native tribes. The state has acted on its compelling interest to promote racial recognition and reconciliation toward a specific, prominent minority in the state that has suffered and continues to suffer discrimination.

In the midst of a public ceremony largely controlled by the dominant colonial class, filled with the symbols and music and language and traditions of those colonizers, South Dakota has carved out one small, silent niche for Native people to display their unique identity. You’d think the colonizers wouldn’t feel threatened by that one small display… but then you’d be underestimating the hypersensitivity of the colonizers to even the smallest reduction of their privilege.

48 Comments

  1. mike from iowa 2019-05-18 19:09

    It isn’t legal to possess any eagle feathers or other parts of eagles without federal, expensive and hard to obtain permits, from what I understand. Roger C, or others, maybe you can correct me.

  2. Debbo 2019-05-18 20:21

    Mike, I think you mean “il”legal, and the answer is Yes.

    Excellent work Rep. Bordeaux!

    “dominant colonialist culture continues to wage a campaign of ignorance, neglect, contempt, and hostility.”

    Exactly right Cory.

    Ignorant whites. Every single step of every single graduation ceremony is all about pale, white people. The goofy hats are white culture. The gowns, the music, the marching, the speeches, the schools, the gym/football field, the paperwork, the preceding classes, the sanctioning school boards.

    Every. Minute. Item.

    Slap yourselves upside the head, you white complainers. You’ve exposed yourselves as incredibly ignorant and stupid. School Boards! Take their diplomas back!

  3. David Newquist 2019-05-18 21:25

    Just amend the law so the deprived can duct tape a shingle of lutfisk (Swede spelling) to their tassels.

  4. Robin Friday 2019-05-18 21:53

    Did anybody say non-Indian students couldn’t decorate their caps? My granddaughter graduated from School of Mines and had flowers all over her cap. Yes, there have to be taste guidelines. but as far as I know, Native American students are not singled out for special privilege that other students don’t have.

  5. Joe Nelson 2019-05-18 21:56

    I am pretty sure that the First Amendment protects all speek, to include “misogyny, racism, and hypocrisy. ”, just as long as it does not stray into hate speech. I don’t think wearing a feather is hate speech.

  6. Robin Friday 2019-05-18 22:09

    About the ludefisk, I don’t know. . .maybe there should be rules about things that smell funny. (No offense meant to Norwegians.)

  7. Super Sweet 2019-05-18 23:45

    Tinker v DesMoines is the landmark case that says students can display things as long as they don’t cause disruption.

  8. cibvet 2019-05-19 02:53

    Its just blatant racism against a culture the whites are still trying to destroy just like the south has the trump go ahead to use religion and bigotry to reinstate the Jim Crow laws. Its taken a mere two years to crawl back deeper into the bowels of perverted corruption and degradation of humankind that my parents personally thought (and instilled in us) might be left behind in their lifetime of 90+ years. They were wrong. The enemy that will destroy us, are white supremacists who live among us.

  9. Cory Allen Heidelberger Post author | 2019-05-19 07:44

    Ah, yes, the Vietnam War protest armbands…. So if challenged, the Pierre school board needs to make the case that displays other than the tribal regalia are disruptive. Do we have case law on graduation dress codes and court thresholds for “disruption”?

  10. Chris S. 2019-05-19 09:09

    Do we have case law on graduation dress codes and court thresholds for “disruption”?

    Maybe TransCanada could help Kristi and the lapdog legislature write “Disruption Boosting” into the graduation rules?

  11. o 2019-05-19 09:36

    It’s getting so a white man cannot get a break in America (says a white man who has enjoyed privilege his entire time in America — ironically).

  12. Porter Lansing 2019-05-19 12:04

    When Indians gain new rights are those rights something that’s been taken away from white people? Are white people diminished in their rights when disabled people gain new rights of access? Are rights like a mountain where you have to push one person down in order to get up?

  13. jerry 2019-05-19 16:21

    The State of Maine also steps up for Native culture. “http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP0699&item=2&snum=129

  14. Debbo 2019-05-19 20:30

    Porter, egggggg–zactly!

  15. Debbo 2019-05-19 20:42

    Prissy Pussy Pency spoke at Taylor U, Indiana, commencement. Students and faculty walked out, though more than half stayed. It is Indiana, after all.

    But take a look at the photo of the Vice Idiot. Have you ever seen more repressed and uptight body language in your life? He is so thoroughly messed up. Perhaps he gets panicky when “Mother” isn’t right at his side? Probably, but he’s severely repressed and uptight all, I said ALL THE TIME. Worse than the typical righty male. Pitiful.

    https://short1.link/oT6vLN

  16. grudznick 2019-05-19 21:31

    A classic out-of-state name-caller post. God would be so proud.

  17. Porter Lansing 2019-05-19 21:38

    Awwwww …. grudzie. Did someone call little boy a bad name? Don’t cry. Sticks and stones can beak your bones but scary name-callers will never hurt you.
    Debbo is laughing. Laughing 😂

  18. Ryan 2019-05-20 16:03

    It seems to me that if one group of people can show their pride in their religion and/or ancestry at graduation, all people should have that same right.

    Cory tries to make his point using reference to the paleness of people’s skin. Very revealing.
    Porter asked about white people being “diminished” because he is missing the point that this is about preferential treatment of religious behavior. Debbo pretends that all white people have the same culture. How narrow-minded.

    Some people ’round here enjoy discrimination against white people, and they are enabled when the rest of us let them get away with it. I call B.S. If you are going to support that way of thinking, at least have the guts to say so. It feels like one day this blog is full of “don’t judge people by their race, or their gender, or their skin color” and then the next day it’s full of “judge all white people based on one white person’s opinion” or “judge all men by this one guy’s actions.” Double standards are A-OK with you folks in one conversation, but absolutely unacceptable in another. MMM Kay.

    If the rule says only people of a certain race or religion can do something – and people of other races and religions can’t do that same something – that rule needs to be changed. Telling some kids they can show their pride in their religion or heritage while telling other kids that they can’t sends a terrible message of separateness rather than inclusiveness. Yuck. And shame on whoever supports that discrimination.

    Boil it down, and here is the question:

    Should we abide rules that give one race or religion treatment that is different from other races or religions? I would say no.

  19. Porter Lansing 2019-05-20 16:14

    I say yes … ‘cause there ain’t no victim like a white victim.

  20. cibvet 2019-05-20 16:33

    Ryan–you seem to forget the gowns, hats, pageantry and etc was all determined by white people for white people. The rules you speak of”one race or religion” has already been implemented for the majority without input from the minorities. No doubt you believe majority rules as long as its beneficial to you.

  21. Ryan 2019-05-20 16:38

    I get that you are trying to be cool and funny, porter, but only racist people will agree with you. At least you are being your genuine self, though, so you get points for that. The only thing worse than an admitted racist is a closet racist.

    The problem with thinking like you do is that you want to take out all of the world’s problems on some generic “whitey” that doesn’t exist. Those white kids in high school who go to CCD every week and try to follow their holy book’s teachings aren’t all genocidal maniacs. The white atheist struggling to fit in didn’t commit treason. You have an anonymous white guy in your mind as the devil, and you seem just fine to ignore the rights of all people who share that skin tone because you think that puts you on the “right” side of a race war that doesn’t exist.

    I’m sad for your lack of community and belonging that is apparent as you have to “diminish” all white people as some misguided atonement for the terrible behavior of long-dead and completely unrelated hate-mongers. You are no different from the people who blindly late muslims because they think Al Qaeda = Islam. Your opinions are as backward and ugly as any other hate group, you just feel smug because it is trendy to be prejudice against white people these days.

  22. Ryan 2019-05-20 16:52

    cibvet – the prayers that were repeatedly offered at my graduations were not at all representative of my agnostic beliefs. They did not represent my friends who were atheists, either. I also very much doubt big square hats are a part of any white person’s treasured ancestry. Robes and slow, orderly marching come from all corners of the earth, so that doesn’t “favor” any race or religion. You suggest that because I’m white I am in favor of racism. That’s ridiculous.

    You are following debbo’s lead of pretending that all white people have the same religion and culture.

    And look – if we want to have a conversation about outdated formal events, I am with you. I think the formality and pomp is silly and unnecessary. But that isn’t the question. The question is whether a government actor can openly and explicitly treat members of one race or religion different from members of other races and religions. Again, I think the answer should be no.

  23. Porter Lansing 2019-05-20 17:02

    Ryan. You have one vote. I have one vote. I see no benefit in trying to change your vote. You deny white privilege. I accept white privilege. You have a greater need to make your case because my case is common knowledge.
    Q – What’s the only race in which some members deny white privilege. Is it black, brown, Asian, or Indian people?
    A – White people are the only race where some like you deny white privilege.
    Why? The floor is yours. Educate us, Ryan.

  24. Ryan 2019-05-20 17:30

    You are trying to change the subject, porter. Should a government body permit disparities in rules or laws based on race or religion? It’s very straightforward. Dodging the real question shows your understanding that your position is flawed, at best.

  25. Porter Lansing 2019-05-20 17:51

    Ryan. Why do you purposefully not capitalize my name? And you assert that Porter is the one trying to be cool and funny? Porter was born cool and funny.
    Yes. A government body should permit disparities in rules or laws based on race and/or religion.
    ~ Ryan suffers from the cognitive bias known as “in-group”. He presumes that he’s fair and impartial, but the truth is that he automatically favors those who are most like him, or belong to his group.
    Ryan. Try to imagine yourself in the position of the “out-group” and attempt to be dispassionate when judging those who belong to your “in-group”.

  26. Roger Cornelius 2019-05-20 17:52

    For the past fifty plus years I’ve had this very same discussion in one form or another.
    On the Pine Ridge Reservation we had two high schools, one Catholic and one run by the BIA, both would not allow any Lakota ceremonies or feathers.
    It was not until recent years that the schools allowed ceremonies and even supported them.
    If other cultural or racial groups want to be recognized at graduation they need to do what Indians had to do, advocate and demand change.
    If others like Ryan object to Indian graduation ceremonies, protest them.

  27. Ryan 2019-05-20 18:07

    Roger, nice try putting words in my mouth. I don’t object to anything except double standards. If native folks want to wear feathers, hats, beads, anything important to them, I say right on. But if other folks are told they can’t wear their own items of personal significance because they don’t have the right color skin or ancestors, that’s not ok.

    big p, listen. I advocate for equality and fairness. Dance around that all you want.

  28. Roger Cornelius 2019-05-20 18:21

    Ryan, I don’t know if you are aware of this, but it is impossible to put words in someone else’s mouth.
    Give me an example of a double standard where another racial or cultural group was denied a request to wear something that signified their group.

  29. grudznick 2019-05-20 18:23

    Mr. Lansing, as you know I advocate people should be called what they want, and that your name, Porter, certainly should be capitalized, just as grudznick should not, but this blogging place is full of people who act like juveniles and call people a whole host of seemingly intentional derogatory names. Most of them are out-of-state name-callers, bringing shame to Mr. H’s otherwise sterling reputation, but most are far more egregious in their juvenilism and name-calling.

    Perhaps Mr. Ryan’s computer just doesn’t want to put the capital P on Porter, just as some people capitalize my name or mock it with nick names, of which grudznick already is short for Nicholas. It doesn’t offend me, but they are not as accurate as folks like Mr. Evans, who strives to be very literally accurate.

    grudznick’s point is that there are far worse things you could get called besides Porter with a lower-case P. Peace be with you, Mr. Lansing, and dine well tonight.

  30. Ryan 2019-05-20 18:30

    Roger, very clever defense, but this blog post is about exactly what I said – denial of other religions the right to decorate themselves. Read the article before you try to start arguments by “incorrectly attributing to people opinions they don’t have.” Better?

    grudz, I do it on purpose cuz I knew something like that would bother someone like him. he’s too easy to read.

  31. grudznick 2019-05-20 18:36

    Ah, Mr. Ryan, you clever goat-getter!!!

  32. Porter Lansing 2019-05-20 18:41

    grudznick … The only shame brought to anyone’s reputation is when you take rewards from legislators to disrupt Cory’s blog. #ShameNunOnYou
    ~ How does a lobbyist sleep? First he lies on one side and then he lies on the other side. hehHehHO

  33. grudznick 2019-05-20 18:47

    I sure wish Mr. Novstrup, the elder, in particular would pay grudznick more than he does now, since for the past several years I have placed him at or near the top of the scorecard scoring legislatures for the best haircuts.

  34. Roger Cornelius 2019-05-20 18:51

    Ryan, I did read the article and am not trying to put up any kind of defense.
    I asked you a very simple question and you skirted around it, can you name any situation where a cultural or ethnic group requested permission to have a special ceremony celebrating their graduation and were denied.

  35. Porter Lansing 2019-05-20 18:53

    We who know grudznick’s life story know he doesn’t get money from The Novstrups for disrupting and distracting the DFP blog. The currency being traded is votes. Grudznick distracts on the issues he’s paid to lobby for (schools, unions, marijuana) and legislators vote the way grudznick asks for them to vote.

  36. Ryan 2019-05-20 19:25

    Roger, I was referring to your defense of my point by saying that my commonly used phrase was incorrect in a literal sense.

    You sure you read the article? This is directly quoted: “Earlier this week, a non-Native American student requested permission to decorate the cap they would be wearing, but the school officials told that student it wouldn’t be allowed.”

  37. Cory Allen Heidelberger Post author | 2019-05-20 23:18

    Cibvet grasped the false equivalency right off the bat. In the midst of a ceremony dominated by the traditions of the dominant culture, we have acknowledged that the remaining minority culture of the original occupants of this land, those whom we cheated and nearly destroyed to get this land yet whom we recognize as sovereign nations within our boundaries, deserve some opportunity to mark the ceremony in their own way. No other group in Ryan’s one-group-every-group argument meets those criteria.

  38. Ryan 2019-05-21 01:28

    The premise of your argument is in direct contradiction with the constitutional prohibition against respecting a particular religion. You called out noem just the other day for favoring her religion via her elected position. Despite my sympathy for terrible historical realities, supporting this type of double standard is indefensible.

  39. Cory Allen Heidelberger Post author | 2019-05-21 17:06

    No. Why, Porter? Why make this baseless assertion? (Understand that I’m inclined to delete this distraction in a few minutes.)

  40. Porter Lansing 2019-05-21 17:32

    Because people who hide behind a nickname are asking to be discovered. Especially those that personally challenge and insult me. It’s all those Conan Doyle books I read as a kid. :-)

  41. Porter Lansing 2019-05-21 17:35

    And, Cory. Asking someone to respond to your email proves nothing. I have three email addresses from three different internet providers. One from home. One from a business and one from my daughter’s. Should I send you a request to participate in DFP under a different name and see if you catch it? I’ll wait a few months and see if you can tell who it really is.

  42. Ryan 2019-05-21 17:53

    Hahahaha

    Cory probably already knows my full name, but I’ll tell him tomorrow after grudz and I have breakfast and mourn the loss of our secret identities! Hahahaha

    I’ve told you before I’m really ryan. Never posted as anything else. I don’t know this don coyote or any of his opinions, but if you don’t like him, that’s a good sign.

  43. Porter Lansing 2019-05-21 17:57

    Don Coyote used to talk about all his Wisconsin law books, also. It gave you away, among other things. I don’t know your real name and couldn’t care less. I could find out but what you say is more important than who says it. Threatening females on this blog is a sure way to trouble, though.

  44. Ryan 2019-05-21 18:01

    Find one single threat I made to anybody, male or female, and I’ll never post on here again.

    As for wisconsin reference, I was referring to the case cited by bcb in regards to contributory negligence. Read more carefully before you jump to conclusions, yo. Sheesh.

  45. leslie 2019-05-24 11:39

    so grdz, you still name-call Lakota sacred Pe Sla’ near your fishing hole at Deerfield Lake; “Cole Slaw?”

    You have seen the photo of the lake site in 1874 with the smoldering campfires and standing tipi pole rings, surrounded by the trespassing mining exploration defended by goldilocks Custer?

    Or the stacks of ancient elk antlers 15-20′ high at Pe Sla’ then? :)

    Peace, my ass; Oh, and by the way, IMPEACH the MTHRFCKR

    Been photographing rodeos on the rez lately, or am I as you say, delusional?

  46. Debbo 2019-06-07 17:52

    If the USA was actually going to treat all citizens right, including the indigenous ones, we’d follow Canada’s lead.

    They actually asked the indigenous people what they need to stop the killing and disappearing of indigenous women and have a fair chance at a better life. The indigenous people told the Canadian government the truth. It is so worth the read.

    http://bit.ly/2EYPEf2

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