Sliver of a Full Moon

Last updated

Sliver of a Full Moon is a play by Mary Kathryn Nagle. [1] The play was written in 2013 following the re-authorization of the Violence Against Women Act (VAWA). Mary Kathryn Nagle is an enrolled member of the Cherokee Nation, and has written and produced several plays involving law and Indian affairs. [2]

Contents

The play is told in a semi-linear way, juxtaposing the stories of real people who suffered under the jurisdiction laws involving Indian reservations in the United States with the efforts of several indigenous men and women to re-authorize the VAWA bill. Most productions of Sliver of a Full Moon are staged readings held at law schools, as a result of Nagle's inclusion of survivors of domestic violence as characters telling their true stories in the play.

Plot

The play begins with a recitation of the story Blackfish as told by Emily Johnson from the character of Emily (played by Lynn Hootch). A chorus of characters excitedly counts as they watch votes coming in on C-SPAN. Following a brief intro by several characters, the scene changes to an interview of Lisa Brunner from March 2013. A narrative then begins as Terri Henry begins her job at the Department of Justice. Terri is the only Indian in the office, which as the DOJ Woman mentions, frequently works with Indian tribes. An interview with Billie Jo Rich transitions to the next scene, in which Dennis, a police man on a reservation, gives a protective order form to a non-native man who had just beaten his wife. Terri is continually confronted with her coworkers' ostensible disillusionment and apathy about domestic violence on Indian reservations. Interviews of Lynn Hootch and Diane Millich lead into a narrative of a white man calling the police and informing Dennis that he had just beaten his wife. Dennis reluctantly informs him that he has no jurisdiction over non-natives. A group of survivors echoes similar stories, citing Oliphant as the reason for the jurisdiction issues.

Dennis and Terri meet at a Tribal Council meeting in Cherokee, North Carolina and they discuss strategies to pass the 2005 version of VAWA. A series of conversations with several politicians (including Lisa Murkowski, Scott Brown, Susan Collins, Olympia Snowe, Marco Rubio, Mike Lee, and other senators and their staffers) depicts their progress campaigning for support for the bill and attempting to maintain the bill in its entirety. When the senate votes, VAWA receives 68 votes, thus securing a super-majority and is passed, but with an exception for Alaskan tribes. The exception grants only the Metlakatla tribe jurisdiction, excluding the other 228 tribes in Alaska. Dennis and Terri are disheartened but continue to fight to get the bill to pass in the House of Representatives.

A chorus of characters recount a time before tribal jurisdiction was removed, and how life changed when it did. They lament the oppression of Native women. It is revealed that House Majority Leader Eric Cantor refused to put the bill to a vote, effectively killing the bill. Senator Patrick Leahy reintroduces the bill immediately. After a series of interviews giving more insight into the effects of jurisdiction laws effect Native Americans, the Senate vote comes in, again passing, but this time with 78 votes. An excerpt from an interview with Tom Cole leads into Cole's successful bid to convince Cantor to put the bill to a vote. The scene from the beginning of the play of excited vote-counting repeats, and there is a mixed response of celebration upon passing the house with 286 votes and disappointment about Alaska's exclusion and other failures of the bill. The chorus of characters reflects upon the passing of VAWA, agreeing that it is a step in the right direction, but is by no means a full measure.

Themes

Sovereignty

The sovereignty of the United States and Native tribes plays a significant thematic role in the play. Many of the survivors discuss the negative effects that Oliphant v. Suquamish Indian Tribe had on their lives. The case held that, "Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress," thus effectively increasing crime rates of non-Indians on reservations. Even with the passing of VAWA, the sovereignty of tribes as "domestic dependent nations" is still contested, as the act established a framework to prosecute sex offenders through the US court system instead of tribal courts, even if the crime occurs on tribal land. The US has much stronger negotiating power, and many opponents of tribal sovereignty assert that for the US to cede any more authority to tribes than the little they already have would be detrimental to the overall sovereignty of the United States. [1] The resistance of these opponents is a daunting obstacle for any attempt to legitimize the authority of tribal law.

Domestic Abuse

A poignant facet of any given production of Sliver of a Full Moon is the inclusion of Native American survivors of domestic abuse. These women were targeted as a result of the legal ambiguities surrounding tribal jurisdiction to prosecute non-Indians. VAWA was instrumental in the establishment of protections for victims on tribal land who previously had no means of discourse to prosecute sex offenders. The inclusion of Native tribes (except for most Alaskan tribes) in the provided protections was a somewhat circuitous to enforce laws when the tribes would otherwise have no means to do so.

Cast

September 21, 2014 performances in NYC [1]

Other performances [3] [4]

Productions

DateLocation
June 11, 2013 [5] [6] National Indigenous Women's Resource Center's conference, "Women Are Sacred" in Albuquerque, NM
October 14, 2013 [7] NCAI Annual Convention in Tulsa, OK
September 21, 2014 [8] The Church Center for the United Nations Chapel in New York
September 21, 2014 [8] Joe's Pub at The Public Theater in New York
March 31, 2015 [9] Yale Law School
November 15, 2015 [10] Radcliffe Institute of Advanced Study, Harvard University
March 23, 2016 [11] Institute of American Indian Arts (IAIA) in Santa Fe, New Mexico
April 22, 2016 [12] New York University
May 10, 2016 [13] Stanford Law School
June 14, 2016 [3] The Rasmuson Theatre of the Smithsonian National Museum of the American Indian
October 19, 2016 [3] David Salmon Tribal Hall in Fairbanks, AK
November 17, 2016 [3] The Yurok Tribal Office in Klamath, CA

Response

Sliver of a Full Moon is produced exclusively as a staged reading by survivors of domestic abuse on tribal land, and as a result is produced almost exclusively at Law Schools which have the budget and interest in the subject matter to justify its production. As such, reception both before and after each reading is generally enthusiastic. The performance at the Institute of American Indian Art drew enormous crowds, and Daniel Banks, the Chair of the Performing Arts Department at the IAIA was quoted saying, "I am excited about this partnership with the Yale Group for the Study of Native America, Yale Indigenous Performing Arts Program, and Yale Native American Cultural Center. Mary Kathryn Nagle is a visionary playwright and activist. This is an exciting opportunity for our students to meet a vital artist, watch her work, and participate in the process. We very much appreciate the work of all these groups at Yale to bring such an important piece of social and political theatre to our campus and to Santa Fe." [14] [15]

Related Research Articles

<span class="mw-page-title-main">Tribal sovereignty in the United States</span> Type of political status of Native Americans

Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States.

<span class="mw-page-title-main">Yakama Indian Reservation</span> Indian reservation in Washington, United States

The Yakama Indian Reservation is a Native American reservation in Washington state of the federally recognized tribe known as the Confederated Tribes and Bands of the Yakama Nation. The tribe is made up of Klikitat, Palus, Wallawalla, Wanapam, Wenatchi, Wishram, and Yakama peoples.

Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians. The case was decided on March 6, 1978 with a 6–2 majority. The court opinion was written by William Rehnquist, and a dissenting opinion was written by Thurgood Marshall, who was joined by Chief Justice Warren Burger. Justice William J. Brennan did not participate in the decision.

Cherokee Nation v. Georgia, 30 U.S. 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, as the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian," as said by Chief Justice Marshall.

<span class="mw-page-title-main">Chad Smith (politician)</span>

Chadwick "Corntassel" Smith is a Cherokee-American politician and attorney who served as Principal Chief of the Cherokee Nation. He was first elected in 1999. Smith was re-elected to a second term as Chief in 2003 and a third term in June 2007 with 59% of the vote. He was defeated in his attempt to get elected to a fourth term in office by Bill John Baker 54% to 46% in the 2011 election and he lost again to Baker in 2015, receiving 28% of the vote. Prior to being elected Principal Chief, he worked as a lawyer for the tribe and in private practice.

<span class="mw-page-title-main">Confederated Tribes of the Umatilla Indian Reservation</span> Indian tribes in Oregon, United States

The Confederated Tribes of the Umatilla Indian Reservation are the federally recognized confederations of three Sahaptin-speaking Native American tribes who traditionally inhabited the Columbia River Plateau region: the Cayuse, Umatilla, and Walla Walla.

<span class="mw-page-title-main">Tom Cole</span> American politician

Thomas Jeffery Cole is the U.S. representative for Oklahoma's 4th congressional district, serving since 2003. He is a member of the Republican Party and serves as the chairman of the House Rules Committee. During his tenure as the chairman of the National Republican Congressional Committee (NRCC) from 2006 to 2008, he was the fourth-ranking Republican in the House.

<span class="mw-page-title-main">Blood quantum laws</span> American laws of race

Blood quantum laws or Indian blood laws are laws in the United States that define Native American status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups. By contrast, many tribes do not include blood quantum as part of their own enrollment criteria.

<span class="mw-page-title-main">Violence Against Women Act</span> United States crime legislation

The Violence Against Women Act of 1994 (VAWA) is a United States federal law signed by President Bill Clinton on September 13, 1994. The Act provided $1.6 billion toward investigation and prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress when prosecutors chose to not prosecute cases. The Act also established the Office on Violence Against Women within the U.S. Department of Justice.

<span class="mw-page-title-main">Cherokee Nation</span> Native American tribe in Oklahoma, United States

The Cherokee Nation, also known as the Cherokee Nation of Oklahoma, is the largest of three Cherokee federally recognized tribes in the United States. It was established in the 20th century and includes people descended from members of the Old Cherokee Nation who relocated, due to increasing pressure, from the Southeast to Indian Territory and Cherokee who were forced to relocate on the Trail of Tears. The tribe also includes descendants of Cherokee Freedmen, Absentee Shawnee, and Natchez Nation. As of 2023, over 450,000 people were enrolled in the Cherokee Nation.

<span class="mw-page-title-main">Indian Child Welfare Act</span> 1978 U.S. federal law regulating tribal jurisdiction over court cases involving children

The Indian Child Welfare Act of 1978 (ICWA) is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and adoption cases.

The Cherokee Freedmen controversy was a political and tribal dispute between the Cherokee Nation of Oklahoma and descendants of the Cherokee Freedmen regarding the issue of tribal membership. The controversy had resulted in several legal proceedings between the two parties from the late 20th century to August 2017.

<span class="mw-page-title-main">Native American recognition in the United States</span>

American Indian tribal recognition in the United States most often refers to the process of a tribe being recognized by the United States federal government, or to a person being granted membership to a federally recognized tribe. There are 574 federally recognized tribal governments in the United States. Non-Acknowledged Tribes are tribes which have no federal designation as sovereign entities. This is not to be confused with recognition of Native Americans in the US which are defined by the BIA as any descendant of the Indigenous peoples of the Americas which is a US citizen. Federally Non-Recognized tribes refers to a subgroup of non-acknowledged tribes which had some sort of recognition by the British prior to the formation of the United States or by the United States but which were determined by the government to no longer exist as an Indian tribe or no longer meet the criteria for a nation to nation status.

<span class="mw-page-title-main">Kimberly Teehee</span> Cherokee political advisor from Oklahoma

Kimberly Teehee is a Native American attorney, politician, and activist on Native American issues. She is a Delegate-designate to the U.S. House of Representatives from the Cherokee Nation. She served as senior policy advisor for Native American affairs in the administration of President Barack Obama from 2009 to 2012. In February of 2020, she was named by Time as one of 16 activists fighting for a "More Equal America."

The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress has legal authority over tribal reservations. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations, alongside American Samoa, remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.

<span class="mw-page-title-main">Tribal Law and Order Act of 2010</span>

The Tribal Law and Order Act of 2010 is a law, signed into effect by President Obama, that expands the punitive abilities of tribal courts across the nation. The law allows tribal courts operating in Indian country to increase jail sentences handed down in criminal cases. This was a major step toward improving enforcement and justice in Indian country.

Madeline Sayet is an American director and writer. She grew up in Norwich and Uncasville, Connecticut.

Mary Kathryn Nagle is a playwright and an attorney specializing in tribal sovereignty of Native nations and peoples. She was born in Oklahoma City, OK, and is an enrolled citizen of the Cherokee Nation of Oklahoma. She previously served as the executive director of the Yale Indigenous Performing Arts Program (YIPAP) from 2015 to 2019.

Sovereignty is a play written by American lawyer and playwright Mary Kathryn Nagle. The play revolves around Cherokee lawyer Sarah Ridge Polson's battle to reinstate the Cherokee Nation's sovereignty and jurisdiction. She also must face the ghosts of her ancestors and the struggles they faced when signing a decisive treaty that led to the removal of the Nation from their land.

Deborah Parker, also known by her native name cicayalc̓aʔ, is an activist and indigenous leader in the United States. A member of the Tulalip Tribes of Washington, she served as its vice-chairwoman from 2012 to 2015 and is, as of July 2018, a board member for Our Revolution and the National Indigenous Women's Resource Center. She is also a co-founder of Indigenous Women Rise.

References

  1. 1 2 3 Nagle, Mary Kathryn. Sliver of a Full Moon.
  2. "Mary Kathryn Nagle - Pipestem Law". Pipestem Law. Retrieved 2016-12-12.
  3. 1 2 3 4 "sliver of a full moon". sliver of a full moon. Retrieved 2016-12-12.
  4. "Livestreaming Sliver of a Full Moon—A Play About Justice for Native Women—Yale Law School—Tues, March 31". HowlRound. Retrieved 2016-12-12.
  5. "Sliver of a Full Moon | NMAI Magazine Website". www.americanindianmagazine.org. Retrieved 2016-12-12.
  6. Sweet, Victoria (2013-06-12). "Sliver of a Full Moon Performed at Women Are Sacred Conference". Turtle Talk. Retrieved 2016-12-12.
  7. "VAWA play to premier at NCAI Convention". The Cherokee One Feather. 2013-09-27. Retrieved 2016-12-12.
  8. 1 2 "Livestreaming Sliver of a Full Moon by Cherokee playwright Mary Kathryn Nagle—Sun, Sept 21". HowlRound. Retrieved 2016-12-12.
  9. "Sliver of a Full Moon - Performance at Yale Law School". Eventbrite. Retrieved 2016-12-12.
  10. "Sliver of a Full Moon | Radcliffe Institute for Advanced Study at Harvard University". www.radcliffe.harvard.edu. Retrieved 2016-12-12.
  11. "Sliver of a Full Moon Production Packs Institute of American Indian Arts (IAIA) | Yale Group for the Study of Native America (YGSNA)". ygsna.sites.yale.edu. Retrieved 2016-12-12.
  12. "Sliver of a Full Moon | NYU School of Law". its.law.nyu.edu. Retrieved 2016-12-12.
  13. School, Stanford Law. "Sliver of a Full Moon – a play about VAWA and Native American Women | Stanford Law School". Stanford Law School. Retrieved 2016-12-12.
  14. "Sliver of a Full Moon Production Packs Institute of American Indian Arts (IAIA)". yipap.yale.edu. Retrieved 2016-12-13.
  15. "YGSNA Co-Sponsors Sliver of A Full Moon at the Institute of American Indian Arts, March 23rd in Santa Fe". ygsna.sites.yale.edu. Retrieved 2016-12-13.