Tribal regalia bill among 20+ pieces of legislature vetoed by Stitt

Oklahoma Gov. Kevin Stitt has rejected a bill that would have reinforced the rights of Native American students to wear tribal regalia at graduation and other school-sponsored functions.

The veto of Senate Bill 429 drew immediate criticism from education advocates and tribal leaders, who championed the bill to support students in a state where one in six residents is Native American.

Several states have similar laws. Oklahoma’s proposal passed with overwhelming support. Now, though, both the Senate and the House would need to pass it again in order for it to become law.

In a message to lawmakers, Stitt stated that he believed the bill would violate the Oklahoma Constitution, specifically a provision prohibiting lawmakers from “passing special laws” regulating school districts.

According to Stitt, local officials should be allowed to decide their own dress codes for graduation.

“In other words, if schools want to allow their students to wear tribal regalia at graduation, good on them, but if schools prefer for their students to wear only traditional cap and gown, the Legislature shouldn’t stand in their way,” said Stitt.

The veto leaves Oklahoma, a state with over 300,000 Native American citizens according to the 2020 Census, back to square one on the issue. However, Sitt’s veto doesn’t mean the end for SB 429. The legislation must now be passed through the House and Senate to override the veto.

Gary Batton, Chief of the Choctaw Nation of Oklahoma, released a statement immediately after news of the veto broke.

This bill, which would have allowed all Native American students in Oklahoma to wear tribal regalia at school ceremonies, is not controversial,” said Batton. “It allows the students to honor their Native culture and traditions. In fact, only one member of the Legislature voted against it. This is a popular, common-sense measure with no costs for the state or schools. We hope the House and the Senate will quickly override the veto to provide more freedom for Oklahoma students who want to honor their heritage.”

Diana Cournoyer also released a statement expressing concern after Stitt’s veto of SB 429.

“The Governor of Oklahoma has failed to uphold his duty to the over 130,000 Native students in public schools in Oklahoma. An immense amount of pride and respect is shared among students who wish to honor their heritage and communities while they are recognized for their academic achievements,” said Cournoyer. “Governor Stitt’s decision to veto SB 429 sends a clear sign to our Native students that state leadership does not respect the political relationship between the 30 Tribal Nations and the state of Oklahoma. NIEA calls upon the Oklahoma Senate for a veto override on this popular and bipartisan legislation which would protect the rights of our children. We must not let partisan dissension get in the way of protecting the religious and cultural rights of our students.”

SB 429 is just one bill in a slew of vetoes by Stitt after threatening to veto all bills that make it to his desk until his education plan is passed.

However, not all Senate bills have been vetoed since his threat was made. On May 2, Stitt signed SB 613, banning all forms of gender-affirming medical treatment for transgender youth and threatening providers who violate the law with a felony conviction and discipline from their professional licensing boards.

Stitt also signed Senate Bill 404, which clarifies Oklahoma law to “prevent discrimination against religious entities. SB 404 updates that law. SB 404 amends Oklahoma’s Religious Freedom Act to state that it shall be deemed a substantial burden to exclude any person or entity from participation in or receipt of governmental funds, benefits, programs, or exemptions based solely on the religious character or affiliation of the person or entity.

Chief Batton’s Op-Ed for The Oklahoman

The Choctaw Nation and thousands of its members are proud Oklahomans.

Like other residents of our state, we contribute to the economy, serve our communities and work for the benefit of all. We do this while honoring our ancestors and our identities, just like many other people do.

We are comfortable celebrating our many Tribal nations. As part of that, young people often wish to wear symbols of tribal pride, such as eagle feathers, when graduating from high school. While celebrating their accomplishments, they honor their ancestors.

Senate Bill 429 would have clarified students have the right to display these important markers of their heritage. The Legislature overwhelmingly agreed, with only one member voting against it.

But when the bill reached Gov. Kevin Stitt’s desk, he vetoed the measure, returning to his first-term pattern of rejecting almost everything supported by tribes.

Unfortunately, that’s not the governor’s only attack on Native American tribes this session. He also vetoed House Bill 2608, which would have required sex offenders living within tribal jurisdiction to register with the tribe. This would merely have brought the state in line with federal law and, more importantly, would have protected Oklahomans from convicted predators. Gov. Stitt says he “represents all 4 million Oklahomans, but this is not true when it comes to deterring sex offenders on tribal lands.

The Choctaw Nation will always support people who want to celebrate their heritage at significant moments, and we’re glad the vast majority of school districts allow this celebration of cultural heritage. We will continue to push for statewide clarity that allows every student to express themselves freely.

We will also continue, as we always have, to work for laws and policies that benefit our communities, including our non-Native friends and neighbors. Despite the current administration’s lack of reciprocity, we remain open to conversation and collaboration, because it’s the right thing to do to keep Oklahoma moving forward.

Thank you to the legislators who drafted, promoted and voted for SB 429 and HB 2608. We urge you to override Gov. Stitt’s vetoes, and we look forward to working with you in the future to improve the state we all love.

– Chief Gary Batton,
Choctaw Nation of Oklahoma