Posted - Sept. 21, 2005 at 3:54 p.m.
John Hollenhorst ReportingThe Utah Court of Appeals took up another case today involving the rights of Native Americans and people who claim to be Native American. It's a little case but it stirs up big issues and strong emotion.
The appeal heard today is from a man who got caught hunting without a license from the state. Legally it may sound like small potatoes, but it's just a little skirmish in a fascinating 50-year battle that involves race, prejudice, skin color and the meaning of the word "Indian".
Hunters don't need a state license if they're Indians on Indian land. That's why Rick Reber says his case should be thrown out. Yes, he says he's Indian!
Rick Reber, Defendant: "Probably one-eighth Indian blood."
Michael Humiston, Defense Attorney: "His mother's one-eighth, so he'd be one-sixteenth."
Like many friends and relatives who showed up in support, Reber is what's called a mixed-blood, born and raised on the Ute reservation. His mother was looked on as non-Indian even by some Indians.
Rick Reber, Defendant: "We are light complected, a lot of us. A lot of us are dark, and that's just prejudice as far as I'm concerned."
The case has exceedingly complex questions surrounding such issues as standing and jurisdiction. But at its heart, there's a troubling question: What does it mean when you say you're an Indian? Legally, the definition is less than clear.
Joanne Slotnik, Assistant Attorney General: "But in the case law I've looked at, I've never seen anything less than one-eighth accepted as Indian."
But to generations of mixed bloods, it's a deeper issue. They've fought more than 50 years for recognition by federal, state and tribal government. Does it mean something when a person and his associates consider him an Indian?
Michael Humiston, Defense Attorney: "The Uinta band recognizes him as Indian."
Rick Reber, Defendant: "If you're a member of an Indian group, are you half Indian or all Indian or what?
But the Ute Tribe filed a brief against Reber. The Utes kicked out most mixed bloods and many members of the Uinta band when Reber was a toddler.
Joanne Slotnik, Assistant Attorney General: "You know, you don't want just groups of people getting together and calling themselves Indian, and then getting rights and benefits as a result of that."
Reber says he's felt the sting of prejudice from both directions, including from the Ute tribe.
Rick Reber: "Basically for the fact, they told me I was white. (Tears well up) And it took a lot of years to realize, uh, that I have the rights."
The assistant Attorney General says prosecuting cases like this does not mean people can't feel Indian in their heart. But it needs legal definition, she says, and that's what the case is about. The appeals court took the case under advisement.