Harrison v. Laveen facts for kids

Harrison v. Laveen was an important court case in 1948. It was heard by the Arizona Supreme Court, which is the highest court in the state of Arizona.

This case was about whether Native Americans in Arizona could register to vote. Before this case, a rule said they couldn't vote. The court's decision changed that rule. It gave Native Americans in Arizona the right to vote. However, other challenges like literacy tests still made it hard for many to vote.

Why the Case Happened

Before Harrison v. Laveen, Native Americans in Arizona faced unfair rules about voting.

Voting Rights Denied

In 1924, the Indian Citizenship Act made all Native Americans citizens of the United States. This meant they should have had the right to vote. However, in 1928, the Arizona Supreme Court made a ruling in a case called Porter v. Hall. This ruling said that Native Americans were "persons under guardianship."

The Constitution of Arizona had a rule that "persons under guardianship" could not vote. So, even though they were citizens, Native Americans in Arizona were still not allowed to vote. A report in 1947 noted that Arizona and New Mexico were the only states still preventing Native Americans from voting.

Frank Harrison and Harry Austin

Frank Harrison was a World War II veteran. He lived in the Fort McDowell Yavapai Nation in Arizona. Harry Austin was the leader, or chairman, of the same tribe.

In 1947, Frank and Harry tried to register to vote in Maricopa County, Arizona. But the person in charge, Roger G. Laveen, said no. He used the old rule from Porter v. Hall that called Native Americans "persons under guardianship." This meant they were not allowed to vote.

The Court's Decision

Frank Harrison and Harry Austin decided to fight this unfair rule.

Taking the Case to Court

Austin and Harrison sued Roger Laveen in the Maricopa County superior court. This is a lower court. Laveen asked the court to dismiss the case, meaning to throw it out. The court agreed with Laveen and dismissed the case.

Harrison and Austin did not give up. They appealed the decision to the Arizona Supreme Court. This is the highest court in the state. They had lawyers helping them, including Richard F. Harless. Roger Laveen also had lawyers representing him.

Support for Native American Rights

Important groups also supported Harrison and Austin. These groups, called amici curiae (friends of the court), sent letters to the court. They shared their opinions to help the judges. The American Civil Liberties Union, the United States government, and the National Congress of American Indians all supported Harrison and Austin.

On July 15, 1948, the Arizona Supreme Court made its decision. All the judges agreed. They overturned the lower court's decision. The court said that the phrase "persons under guardianship" in the state constitution only applied to people who had a legal guardian appointed by a court. It did not apply to Native Americans as a group.

What Happened Next

The decision in Harrison v. Laveen was a big victory.

The Right to Vote

Because of this ruling, Native Americans in Arizona officially gained the right to vote. This is called de jure suffrage, meaning the right existed by law.

However, even with this new right, many Native Americans still faced challenges when trying to vote. Many did not speak English. This made it hard to understand voting information. They also could not pass English-language literacy tests.

Overcoming Barriers

In 1948, it was thought that 80% to 90% of Native Americans in Arizona could not read or write English. This meant they could not vote because of the literacy tests. These tests were finally made illegal in the 1970 Amendment to the Voting Rights Act. This change helped many more Native Americans and other minority groups to vote freely.