Also See True Story: The Little Indian Girl Who Stood Up for Her Blood by Sonya Braxton, Tuscarora Indian, North Carolina
MY REDACTED DRIVERS LICENSE FROM KINSTON NC IN 2001, AND VIDEO MY HOSPITAL RECORD FROM ANOTHER STATE WITH A 1993 E.R. VISIT
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N.C. Vital Records
North Carolina Vital Records
Attn: State Registrar and Director
Cooper Memorial Health Building
225 N. McDowell St.
Raleigh, NC 27603-1382
There is a "Protected Class of Persons" in North Carolina including my family who have an inalienable right that has been violated by North Carolina Vital Records office since it began recording births and deaths. The U.S. Supreme Court threw out a very oppressive law called the Racial Integrity Act in the 1960's. The U.S. Supreme Court struck down Walter Plecker's Racial Integrity Act in 1967 within Loving v. Virginia Argued: April 10, 1967, Decided: June 12, 1967, 206 Va. 924, 147 S.E.2d 78, reversed. A racist law in which the state of North Carolina vital records still illegally uses against our protected class of persons.
"States that violate the U.S. Constitution and U.S. Supreme Court rulings are breaking the "law of the land" found under the Supremacy Clause in Article VI
of the U.S. Constitution which states "no contrary state law can stand". The Supremacy Clause establishes Supremacy of "Law".
"At times, the "U.S. Supreme Court" is called upon to determine if there is a "conflict between state and federal laws", even when Congress has not explicitly
decided to preempt state action in the field. Nonetheless, the sequence is very clear. Congress, under its delegated powers, or a state, under
its police power, may establish legal rules dealing with the same subject. It then falls to the courts to determine, under the "Supremacy Clause",
whether the state and federal rules are in conflict. Race reclassification was one of those conflicts that needed resolving
under U.S. Supreme court law and it was found to be unlawful."
We are mothers, fathers, grandparents, children, business men, artist, teachers, we come from all walks of life, all income levels, all genders, and all faiths, etc.
Our right to have our racial portion of vital records birth and death records corrected is what the state of North Carolina Vital Records will not correct, or allow us to officially correct. The state of North Carolina refuses to remove colored or white and change these errors to the correct category of
American Indian as is listed with vital records as a race category which is defined as "a member of any of the indigenous peoples of North, Central, and South America, especially those of North America." I personally have a birth record from 1990 from another state which states on my sons birth record at the hospital that he is Indian. I am the mother of three children so they are all Indian, so how is it that when I have two of my children in North Carolina the records states Black. I am their Indian birth mother, the same as my son. So why did North Carolina change the race that I put on my daughter records in 1995 and the other in 2002 when its got sent to Raleigh? My race didn't change nor did the race of any of my children. This was an act of intentional race reclassification done by North Carolina Vital Records. My North Carolina drivers license always stated Indian, this is who I am. So why can't this also be corrected on the birth and death records of my mother and father and grands. We have a right to have this error corrected.
I NEVER WROTE OR LISTED BLACK ON ANY OF MY CHILDREN'S BIRTH RECORDS OR RACE RECORDS, OR ANY OF MY OWN RACE RECORDS!
"For birth certificates, the mother usually fills out a worksheet before delivery, which includes a blank space to record her race and another blank space to record the race of the father (“Specify White, Black, American Indian, etc.”). One race is usually entered, though multiple races are sometimes written in.
This text, supplied by the mother, is then entered into the Electronic Birth Certificate (EBC) system by hospital staff. The instructions say “Enter the color or race… of both parents as furnished by the mother or other informant." - N.C. State Center for Health Statistics
Our civil right to freely choose our race category on birth and death records within the state on North Carolina based on our ancestry has been violated
and we want North Carolina to officially correct the records of us who have been demanding American Indian be put on our records, and the records of our Indian Ancestors since the time when North Carolina began recording births and deaths in the state.
This violation of our rights affects those of us who are known as Tuscarora Blood Indians who are of the families that remained in North Carolina Tuscarora territory after the war of 1715. A territory that includes Lenoir, Greene, and Pitt counties as well as Maxton, Pembroke, Red Springs, and other areas including areas surrounding the Neuse and Pamilico Tar Rivers as well as Contentnea Creek, as well as other areas known to have Tuscarora families who remained in areas in North Carolina after the war.
We have a legal right and an inherent right to have this issue corrected based on U.S. Supreme Court law because the "Racial Integrity Act" was thrown out within Loving v. Virginia and no state has a right to decide race for anyone applying for a birth or death record, that right to choose race is the sole choice of an individual based on their community known Indian ancestry and blood ties to an Indian tribe, or tribes.
There are a large number of Indians in the state of North Carolina who are of Tuscarora blood who seek this inalienable right to have the correct race stated on birth and death records of Ancestors so that we can correct our records as well. This is all that we require, that the state correct these records but the state will not allow us our right to choose our race and have it officially recorded within state birth and death records even though this is our human right to make that choice on record.
This is our Constitutional right to legally choose to be who we are as Native American Indians, and have that choice documented on official vital records within the state of North Carolina. We are neither Black or White persons, we are of the Indigenous people of North America and have a right to be legally classified racially as such.
We have no issue with paying the small fee to change these records as outlined in the vital records website see Request to Amend a Record form at the NC Vital Records link (click here NC Vital Records Amend Record link ). The issue is that we must be allowed our legal right to change the race portion of these erred records . We have a constitutional right to this legal request without any further adverse action being taken by any government official within the state of North Carolina, or elsewhere.
a Tuscarora Indian
One out of many Tuscarora Indians in North Carolina
OPEN LETTER TO NORTH CAROLINA VITAL RECORDS STATE REGISTRAR AND DIRECTOR