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"Indian blood" redirects here. For ethnic Indians of the Indian subcontinent of South Asia, see ethnic Indian. For ethnic aboriginals of the Americas, see Indigenous peoples of the Americas. For the play by A. R. Gurney, see Indian Blood (play).
This page is about United States laws defining Native American identity by ethnic ancestry. For restrictive laws related to black African ancestry, see One-drop rule. For Nazi Germany laws concerning ethnicities, see Racial policy of Nazi Germany.
Creeks in Oklahoma
Members of the Muscogee (Creek) Nation in Oklahoma around 1877. Some members had mixed European and African heritage.

Blood quantum laws are rules in the United States that define who is considered Native American. These laws use fractions to describe how much Native American ancestry a person has. For example, if one parent is a full-blood Native American and the other has no Native ancestry, their child would have a 1/2 blood quantum.

The U.S. government created these laws to set up official racial groups. However, many Native American tribes do not use blood quantum as their main way to decide who can be a member. Instead, they might use other rules. For instance, the Omaha Tribe of Nebraska requires a 1/4 Native American blood quantum and a link to a registered ancestor. The Cherokee Nation of Oklahoma does not require a specific blood quantum. They only ask that a person be a direct descendant of someone listed on the Dawes Rolls. This was a special census list that used blood quantum ideas.

The Indian Removal Act and the Trail of Tears forced many Native Americans from their homes. During this time, the government tried to count all Native Americans. Many Natives feared the government and tried to avoid being counted. But if they refused, they were often forced to be documented. It's important to know that being counted then was not the same as choosing to be a tribal member today.

The U.S. government started using blood quantum widely with the Indian Reorganization Act of 1934. At that time, people needed a certain blood quantum to be recognized as Native American. This also made them eligible for money or other benefits from treaties or land sales.

Native American nations have their own rights to decide who can be a member. These rules are different for each tribe. In recent years, some tribes have made their membership rules stricter. This has sometimes led to people being excluded who were once considered members.

How Blood Quantum Laws Started

In 1705, the Colony of Virginia passed an "Indian Blood law." This law limited the rights of Native Americans and people who were half or more Native American. It also decided who was classified as Native American. Later, in the 1800s and 1900s, the U.S. government wanted to define tribal members. This was for giving out federal benefits or payments from land deals.

Native American tribes did not use blood quantum rules until the U.S. government introduced the Indian Reorganization Act of 1934. Before this, tribes decided membership based on family ties and kinship. Some tribes, like the Navajo Nation, did not even adopt written rules until the 1950s.

Critics say that the federal rule of identifying with only one tribe is a problem. This is because many Native Americans have ancestors from more than one tribe. This rule can make it harder for some people to qualify as Native American. It can also reduce the number of official members in many tribes.

The U.S. census shows that the Native American population has grown a lot since 1900. In 2000, there were 2.5 million American Indians. Since 1960, people can choose their own ancestry on the census. More people are identifying as having Native American ancestry. This is partly due to Native American activism and interest in their history.

Before European settlers arrived, tribes had their own rules for membership. Some traditional communities still use these older ways. Tribes that use "lineal descent" might require a Native American ancestor listed on an old tribal record. This could be like the Dawes Rolls for the Five Civilized Tribes in Oklahoma. Some tribes also require a certain percentage of Native American ancestry. They might also ask for proof of living with the tribe or being involved in the community.

Each federally recognized tribe sets its own membership rules. Many tribes now earn money from casinos or land settlements. Because of this, some have made their membership rules stricter to limit who can join.

In 2007, the Cherokee Nation voted to exclude Cherokee Freedmen who were not on the "Cherokee-by-blood" list of the Dawes Rolls. However, the Cherokee Supreme Court had ruled in 2005 that they were rightful members. After the American Civil War, the U.S. government made new treaties with tribes that had supported the Confederacy. These treaties required tribes to free their slaves. They also had to give full tribal membership to those freed people who wanted to stay. Even if Cherokee Freedmen had Cherokee ancestry, they were often listed as "Freedmen" by government officials.

Similarly, in 2000, the Seminole Nation of Oklahoma tried to exclude two groups of Seminole Freedmen. This was to avoid sharing money from land claims in Florida. The Seminole have tried to exclude Black Seminoles from the tribe since 1942. The freedmen were listed separately on the Dawes Rolls and faced segregation in Oklahoma. The Center for Constitutional Rights has supported the Black Seminoles in their legal fight. They say that some government officials have helped with this unfair treatment. Treaties after the Civil War required the Seminole to give Black Seminoles the same rights as full-blood Indian members.

Tribes on reservations often have higher blood quantum rules for membership. Over 85 percent of tribes requiring more than a 1/4 blood quantum are reservation-based. This is compared to less than 64 percent of tribes with no minimum requirement. Reservations have helped tribes stay separate from non-Native people. This has allowed them to keep higher blood quantum rules.

Challenges with Blood Quantum Laws

Many Native Americans have grown used to the idea of "blood quantum." But these laws have caused problems. Sometimes, family members were recorded with different amounts of Native American ancestry. This led to confusion and disagreements.

In the past, some state governments only classified people with both African American and Native American ancestry as African American. This was often due to unfair treatment related to slavery. This was common in the South after the Civil War. Laws there created segregation. They classified everyone as either white or "colored." Native Americans, especially those of mixed heritage, were often put into the "colored" group.

Some people say that blood quantum laws made racism worse among tribal members. Historians note that some members of the Five Civilized Tribes owned slaves. Many of these slave owners had mixed European ancestry. Some believed they were of higher status than full-blood Native Americans or people of African ancestry. Other historians say that tribes like the Cherokee owned slaves for economic reasons. This was part of the general culture in the southeastern U.S.

DNA Testing and Ancestry

No federally recognized tribe accepts members based only on DNA testing. This is because DNA tests usually cannot tell the difference between different tribes. Some tribes might use DNA testing to confirm that a child is related to their parents. Experts warn that DNA ancestry tests have limits. They should not be used to answer all questions about a person's heritage.

Many African Americans believe they have some Native American ancestry. However, a PBS series called African American Lives showed that Native American ancestry is less common than thought. In the group tested, only a few showed Native ancestry. The data showed that about 5 percent of African Americans have at least 1/8 Native American ancestry. This is like having one great-grandparent who was full-blood Native American.

Critics felt the PBS series did not fully explain the limits of DNA testing for ancestry. For example, some DNA tests only look at direct male or female lines. This means they might miss other ancestors' heritage. Newer tests look at more DNA, but they can be less precise. These tests look for tiny differences in DNA that can be found in people from all over the world. So, they cannot perfectly determine a person's full ancestry. More recent research in 2015 found that African Americans, on average, have mostly West African ancestry. They also have some European and a small amount of Native American genetic ancestry.

In 2019, there was a big discussion about the accuracy of DNA testing for Native American ancestry. This was related to the controversies surrounding Elizabeth Warren's ancestry.

Challenges with Tribal Rolls

Basing tribal membership on specific lists, like the Dawes Roll, is very different from older ways. Before, tribal identity was based on family and clan relationships. People could be fully Cherokee, for example, without having any specific amount of Cherokee ancestry. When tribes started using a measurable definition of Cherokee identity based on ancestry, it changed how people became members. Now, people need to trace their family line to a "Cherokee by blood" ancestor.

Some experts argue that if a tribe wants to be truly independent, it should not use rolls created by the U.S. government. They believe that using these old rolls means tribes are still relying on definitions set by others. Other countries do not require rolls, ethnicity, race, or blood quantum for citizenship. They often use birth location and descent instead.

How Blood Quantum is Used Today

Many Native American tribes still use blood quantum in their laws. This helps decide who can be a member or citizen of the tribe. They often require a minimum amount of blood relationship. They also often require an ancestor listed on a specific tribal census from the late 1800s or early 1900s.

For example, the Eastern Band of Cherokee Indians in North Carolina requires an ancestor listed in the 1924 Baker census. They also need a minimum of 1/16 Cherokee blood from that ancestor. The Cherokee Nation requires applicants to be descendants of an ancestor on the 1906 Dawes Rolls. But they do not have a minimum blood quantum rule. The United Keetoowah Band of Cherokee Indians requires a minimum of 1/4 blood quantum.

The Mashantucket Pequot Tribe bases membership on proving descent from one of eleven families. These families were listed on the 1900 U.S. census of the tribe.

The Northern Ute Tribe requires a 5/8 blood quantum. This is the highest requirement of any American tribe. The Miccosukee of Florida, the Mississippi Choctaw, and the St. Croix Chippewa of Wisconsin all require 1/2 "tribal blood quantum." These are also high percentages.

On the other hand, some tribes, like the Kaw Nation, have no blood quantum requirement at all.

Many tribes, such as Alabama-Quassarte Tribal Town and the Wyandotte Nation, require an unstated amount of Native American ancestry. This is known as "lineal descendancy." It means you must prove you are a direct descendant of a recognized member. Other tribes require a specific amount of Native American ancestry. But they don't specify how much must come from the original tribe. Examples include the Grand Traverse Band of Ottawa and Chippewa Indians and the Poarch Band of Creek Indians. Many tribes today are made up of different groups joined together. This can make figuring out blood quantum difficult.

Some tribes require a minimum blood quantum only for members born outside the reservation. This is similar to how countries decide citizenship based on birth location or family ties.

In 2019, the Red Lake Nation of Minnesota made a new rule. All original members on the tribe's 1958 roll are now considered "full-bloods." This is true no matter what their actual blood quantum was on the roll. The tribe's blood requirement for membership is 1/4. This change means that the grandchild of a person on the 1958 roll who was recorded as 1/4 Chippewa is now eligible. This effectively sets the requirement at 1/16.

Tribes Requiring 5/8 Blood Quantum

(This is like having five great-grandparents who were full-blood Native American)

Tribes Requiring 1/2 Blood Quantum

(This is like having one parent who was full-blood Native American)

Tribes Requiring 1/4 Blood Quantum

(This is like having one grandparent who was full-blood Native American)

Tribes Requiring 1/8 Blood Quantum

(This is like having one great-grandparent who was full-blood Native American)

Tribes Requiring 1/16 Blood Quantum

(This is like having one great-great-grandparent who was full-blood Native American)

Tribes Using Lineal Descent for Membership

These tribes do not have a minimum blood quantum rule. Instead, members must prove they are direct descendants of people on official tribal rolls.

Tribes Using Both Blood Quantum and Lineal Descent

These tribes require both a specific blood quantum and proof of direct descent from someone on a tribal roll.

Other Examples

In the U.S. Territory of American Samoa, there are rules about land ownership. Non-freehold land can only be sold to people who have at least 1/2 "native blood." A "Native" person means a full-blooded Samoan from certain islands.

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