California Senate Approves Ramos Bill Protecting Native American Religious Freedom

The California Senate has approved bipartisan legislation that would establish enforceable protections for the religious and spiritual practices of California Indian tribes on state lands.

The measure, AB 1881, authored by Assemblymember James C. Ramos (D-San Bernardino), would protect tribal access to sacred sites and allow California Indians to gather traditional plants, foods and other materials necessary for religious and cultural practices.

The bill now returns to the California Assembly for concurrence on Senate amendments.

“In a just world, there would be no need for this bill,” Ramos said. “Yet the State of California and the federal government have historically attempted to force assimilation on Native Americans.”

Ramos said the history of assimilation represents “a long litany of grievous wrongs” aimed at exterminating California’s first peoples and erasing their languages, cultures and spiritual traditions.

“I am grateful to my colleagues for understanding the great weight and burden of the past and present so that this measure continues to move forward,” he said.

Under AB 1881, a state agency would be prohibited from substantially burdening a California tribe’s exercise of religion when comparable activities are permitted to others. The legislation also would establish protections for access to sacred sites on state public lands and the gathering of traditional plants, foods and other materials essential to tribal religious practices.

The bill would require the state to demonstrate a compelling governmental interest and use the least restrictive means available before substantially burdening protected tribal religious practices.

AB 1881 also would ensure that California Indians can carry sacred items without penalty and receive appropriate accommodations while visiting or conducting business at the State Capitol.

Protecting sacred places and cultural practices

Indigenous Justice is sponsoring AB 1881.

Morning Star Gali, founder and chief executive officer of Indigenous Justice, said the legislation addresses the longstanding barriers Native people have faced in practicing their religions and protecting sacred places.

“Today’s floor hearing on AB 1881 was about affirming that Indigenous peoples in California should not have to fight for the basic right to practice our religions, protect our sacred places, and carry forward our cultural lifeways without state interference,” Gali said.

“AB 1881 strengthens protections for Tribal religious freedom, including ensuring there is no unnecessary state interference with Indigenous religious practice on state lands,” she said. “This bill is about respect, accountability, and protecting future generations by honoring Tribal sovereignty, ceremony, and sacred sites.”

Supporters say the legislation would bring California law closer to the principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples, which affirms Indigenous peoples’ rights to maintain and strengthen their cultural traditions and spiritual practices and to access and protect sacred sites.

More than 100 individuals and organizations have sent letters supporting AB 1881 to Ramos’ office.

Among the supporters are the California Rural Indian Health Board, California Tribal Business Alliance, Coalition of California State Tribes, Indian Health Council, Santa Ynez Band of Chumash Indians, Stanford Native Law & Sovereignty Collective, W. Haywood Burns Institute, Dunlap Band of Mono Indians Cultural Association, International Indian Treaty Council, KaKoon Ta Ruk Band of Ohlone-Costanoan Indians of the Big Sur Rancheria, Kaweah Yokuts Circle and the Nor El Muk Band of Wintu Indians of Northern California.

The bill now awaits action in the Assembly before heading to Gov. Gavin Newsom. The governor has until Sept. 30 to take action on legislation approved by the California Legislature.