Geological Observatory of Coldigioco
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Sovereign Solutions: Reclaiming Reproductive Autonomy in Oklahoma Indian Country After Dobbs
No full textIn the United States, Native American women face disproportionately high rates of sexual violence and adverse maternal health outcomes. In addition to these ongoing challenges, they continue to face significant barriers to reproductive healthcare access. Oklahoma’s near-total abortion ban—without exceptions for rape or incest—exacerbates these negative trends, particularly for Native women and the Two-Spirit community. Following the Supreme Court’s decision in McGirt v. Oklahoma, approximately 42 percent of Oklahoma’s land area is recognized as Indian Country. This Comment explores how Oklahoma’s abortion ban disproportionately impacts Native women due to systemic inequities stemming from the federal government’s long history of broken promises. It proposes a sovereign solution for Oklahoma’s Tribes, specifically, the Five Tribes, by arguing that they have the legal authority, financial resources, and historical experience to establish privately funded abortion clinics on Tribal lands. This Comment suggests that these clinics could operate outside the reach of state criminal law due to Tribal and federal jurisdiction over crimes in Indian Country. This solution, however, is not without significant challenges. Tribes would likely face prolonged legal battles, intense political opposition, and potential federal interference. Nevertheless, reclaiming sovereignty to provide comprehensive reproductive healthcare would not only strengthen Tribal self-determination but also restore some measure of bodily autonomy for Native women, who have been long denied this right through generations of broken promises and systemic neglect
