Marie Bergum, ACLU Client

My name is Marie Bergum. When I turned 18, my dad and stepmom got a guardianship over me. I didn’t want to have a guardianship, I wanted to keep learning and making my own choices. But my parents said that because I have an intellectual disability, I had to be in a guardianship, or a conservatorship as it’s called in California. The court agreed, and took away my rights.

In the guardianship, I couldn’t make my own choices. My guardians stopped me from doing a lot of things I wanted. It was like being behind bars. I felt trapped.

I wanted to take reading classes, but I wasn’t allowed to. I wanted to learn how to take the bus, but I wasn’t allowed to. I wanted to talk to people I trust, like my aunt and my friends, but I wasn’t allowed to. For a while I wasn’t even allowed to have a phone. I didn’t have any privacy. I didn’t get any trust. I wanted to learn about money and budgeting, but I couldn’t. I couldn’t do these things because of my guardianship.

A photo of ACLU client Marie Bergum.

Marie Bergum.

Credit: Tara Pixley

In the guardianship, my parents forced me to move away from the people I trust, all the way from Michigan to California. After a while, I made friends in California. I learned about supported decision-making, and I found supporters who I trust. But then, my dad tried to force me to move back to Michigan! That made me so mad. I have the right to live where I want to live.

I wanted to get out of the guardianship. My dad kept saying no. He told me I would never learn anything because of my disability and because I can’t do everything right. It felt really bad when he said that. He put me down. He wouldn’t let me learn and be independent. Then he blamed me for not being independent. But I can learn a lot! He just didn’t believe in me.

In 2011, I wrote a letter to ask the court to end the guardianship. I wrote the letter myself. There wasn’t anyone who could help me. But the court didn’t end it. In 2019, I tried to end the guardianship again. But the court didn’t end it then. My dad kept saying that he was protecting me, but I felt trapped, and not trusted.

A photo of the letter Marie wrote, asking the court to end her guardianship.

A photo of the letter Marie wrote, asking the court to end her guardianship. Personal information has been redacted.

Finally, earlier this month, the court ended my conservatorship. I have all of my rights back. I found supporters and lawyers who helped me end the conservatorship. They believe in me, and they are helping me learn new skills and be more independent.

I am enrolled in an independent living program now. I’m learning skills to live on my own. With supported decision-making, I get help from people I trust to make my own choices. I have lots of supporters, and I talk to them a lot. They help me. They don’t put me down. I took a CPR class this spring. It was my idea to do the CPR class.

I spend a lot of time advocating for other people with disabilities. I talk to journalists about what happened to me. I helped pass a new law in California that recognizes supported decision-making and makes it easier for people to end conservatorships. I want to tell my story to help people with disabilities and their families understand supported decision-making. I want people to understand that conservatorship is not the only way, and that people with disabilities can make choices and learn and live their own lives. I want people to think really hard before they start conservatorship, because it can be so hard to end.

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Monday, June 26, 2023 - 12:15pm

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My parents didn’t trust me to make my own choices, but with supported decision-making, I’m finally able to live life on my terms.

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Sophia Lin Lakin, Interim Co-Director, ACLU Voting Rights Project

Molly McGrath, she/her/hers, Voting Rights Campaign Strategist, ACLU

Ten years ago, the U.S. Supreme Court delivered one of the most devastating blows to voting rights in our lifetime: Shelby County v. Holder. The ruling struck down key provisions of the Voting Rights Act of 1965 (VRA), which had successfully protected Black, Brown, Indigenous, and other marginalized voters for decades. In her dissent in that case, the late Justice Ruth Bader Ginsburg warned that the court’s decision was “like throwing away your umbrella in a rainstorm.” Today, we are drenched in the downpour. Shelby County unleashed a torrent of voter suppression and other discriminatory voting laws unlike anything the country had seen in a generation.

The VRA provides many critical mechanisms for ensuring that people from racial and language minorities across the nation can exercise their fundamental right to vote without encountering discriminatory barriers. While the 15th Amendment was adopted in 1870 and — at least on paper — prohibited the denial of the right to vote on account of race or color, in reality, states and localities defiantly continued policies and practices designed to prevent Black and Brown voters from casting ballots.

This 10th anniversary of the devastating Shelby County decision confirms our collective need to double down on our efforts to fully restore the VRA to its full power, which Congress must do by passing the John Lewis Voting Rights Advancement Act.

The VRA created strong, enforceable legal protections that rooted out many of these racist voter suppression tactics. As originally designed, it featured a crucial requirement known as “preclearance” that mandated that states and localities with long records of racially discriminatory voting practices seek federal approval before making any alterations to their voting laws. Unlike litigation, which occurs after a law is passed, preclearance uniquely curtailed racially discriminatory measures before they were implemented and could irreversibly taint an election.

One decade ago, the Supreme Court dismantled and gutted this crucial prophylactic measure. Now, even places with the most egregious records of racially discriminatory voting practices face an easier path to suppressing the vote of the most marginalized communities. On top of this, eight years after Shelby, the Supreme Court weakened another provision of the VRA — Section 2, a nationwide ban on voting practices that discriminate on the basis of race, color, or language — making court challenges to discriminatory tactics even harder. The Supreme Court fortunately bucked this trend in its recent decision, Allen v. Milligan, a case brought by the ACLU, the NAACP LDF, and partners. In Milligan, the court upheld a lower court’s ruling that Alabama’s congressional districts map violated Section 2 by diluting Black voting power. In doing so, the court is reaffirming Section 2’s protections against racial gerrymandering. However, while an important victory, this decision simply preserved what remains of the VRA and did nothing to address the previous blows the court dealt.

We will continue to challenge anti-voter laws and discriminatory voting practices in the courts. But our work does not end there. This 10th anniversary of the devastating Shelby County decision confirms our collective need to double down on our efforts to fully restore the VRA to its full power, which Congress must do by passing the John Lewis Voting Rights Advancement Act.

Voters across the country still face arbitrary restrictions on absentee voting, bans on providing water to voters as they wait in hours-long lines, drop box limitations, polling site closures, gerrymandering, and other restrictive policies that disproportionately burden voters of color, voters with disabilities, and elderly voters, among others. As we head into another election year, we face an urgent need to grow and activate our collective power.

That’s why the ACLU, on this anniversary of Shelby County v. Holder, is launching a brand-new Democracy Defender program, powered by members like you across the country who want to join us on the front lines in our work to protect voting rights and end racially discriminatory voting practices.

The right to vote and our democracy face increasing attacks at the federal, state, and local levels. So, we must fight back at every level. Democracy Defenders will do just that. Supporters like you will work alongside us in some of the biggest voting rights battles across the country. Plus, we will keep you in the loop as we work together for equitable access to the ballot, to preserve the integrity of our electoral process, and in defense of the very foundations of our democracy.

Date

Friday, June 23, 2023 - 5:00pm

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Heather L. Weaver, Senior Staff Attorney, ACLU Program on Freedom of Religion and Belief

Morgan Saunders, Attorney, Native American Rights Fund

Claudia Williams Hyman, Senior Staff Attorney, ACLU of Mississippi

Earlier this year, Merissa Wilson stood before the school board of the Pearl Public School District in Mississippi to make a small but crucial request: that the board permit her daughter, Zuri, to wear an eagle feather on her graduation cap and be wrapped in a traditional star quilt by her family after exiting the commencement stage. As enrolled members of the Cheyenne River Sioux Tribe, these Native American traditions are an integral part of the family’s cultural and spiritual heritage.

Although the burden shouldn’t be on students and their families to educate their educators about these traditions, Merissa thought the meeting went well and was hopeful that the school board would approve her request. A few weeks later, however, the board members informed her and Zuri that they would not relent from the district’s strict graduation dress code. But that was not the end of the story.

Dyleen, Merissa’s mother and Zuri’s grandmother, had previously reached out to the Native American Rights Fund (NARF), which helps students denied the right to wear tribal regalia at graduation. NARF, along with the ACLU and ACLU of Mississippi, sent a letter to school board members explaining that Mississippi law requires public schools to allow Native American students to wear tribal regalia and objects of cultural significance, such as eagle feathers, at graduation. The letter also pointed out that the Native American practice of presenting graduates with a traditional quilt, which is made by close friends or family members and features a star in the center, also falls within the spirit of the statute.

After receiving the letter, the school board reversed course, and Zuri was able to wear her eagle feather and receive a star quilt at graduation.

The ACLU and ACLU of Mississippi (“ACLU”) and NARF recently sat down with Zuri, Merissa, and Dyleen to hear from them, in their own words, about Zuri’s fight to express her Native American heritage at graduation. Our conversation has been edited for length and clarity.

NARF/ACLU: Zuri, could you tell us in your own words why it was important for you to wear an eagle feather and be presented with a star quilt at your graduation?

Zuri: Because the dropout rate is so large among Native Americans, receiving the star quilt and eagle feather makes me proud of the fact that I made it to graduation.

NARF/ACLU: Dyleen, as Zuri’s grandmother, why was it so important that Zuri be able to wear the eagle feather?

Dyleen: It was important to me because I never got to do that when I graduated. It wasn’t something my mom got into because of the fact that she was taken away from her family as a young child [by the U.S. government and sent to a federal boarding school for Native Americans].

For me, the eagle represents strength and guidance. You just get that feeling of pride to know that here I have my first grandchild graduating from high school, and we’re able to honor her by giving her the eagle feather and the star quilt. To see her walk across the stage and then to have that eagle feather, it was beautiful. It hung right by her tassel. It was awesome to see. And then wrapping her in the star quilt, which her brothers did, just made me feel proud because there are so many kids that don’t get that opportunity. I think any child that graduates should be able to celebrate and be honored. Because there’s a lot of them that don’t make it.

NARF/ACLU: As Zuri mentioned, that’s especially true in the Indigenous community, which makes it even more important to allow Indigenous students to celebrate their heritage and faith with their tribal regalia at graduation. Merissa, what did it mean for you to see Zuri walking across the stage, wearing her feather?

Merissa: Seeing Zuri walk across the stage with the feather was absolutely gorgeous, and she walked with her head so high. She knew who she was. She was proud of who she was.

NARF/ACLU: How about the star quilt? What does the quilt represent to you and your family?

Zuri: Being wrapped in my star quilt was an incredible feeling. I felt safe. It will protect me as I venture into the world as I move on. New challenges are going to arise and I will be protected and guarded and it honors my faith.

Merissa: Having her brothers wrap her in her star quilt made me feel good knowing that going into the next stage of her life, that she will feel safe and she has her brothers there and the rest of her family behind her.

NARF/ACLU: Zuri, how did it feel to walk across the stage wearing your eagle feather, knowing that this is an intergenerational experience for your family?

Zuri: Being able to walk across the stage wearing my eagle feather made me feel proud, of myself wearing it, of knowing that I honored my family, and knowing my grandma didn’t get to do that. I know I honored her by walking across that stage wearing it and getting my star quilt.

NARF/ACLU: Stepping back just a little bit, what was it like when the school board initially denied your request to wear the eagle feather? How did you feel?

Merissa: I’m not a good public speaker or good at speaking in front of groups, but it felt good to me knowing that I was able to do this for her. Being able to educate them on what I knew and sharing my pictures from my graduation with them, letting them know where the eagle feather would be on the graduation cap. They asked questions. I answered them the best that I could. I felt accomplished talking to them. I walked out of there feeling really good, like they were going to approve it. The people on the school board were very, very interested. And it was a good experience. I just wish they had approved it right away.

Dyleen: In an ideal world, we wouldn’t have had to go through this whole thing. It would have been easier. We wouldn’t have had to go and ask permission.

NARF/ACLU: It created a lot of uncertainty for you at a time that should be focused on happiness and celebration.

Merissa: Yes, it did. My mom got the ball rolling last May. I went in January to the school board meeting, and it took two or three weeks into February before they answered back. And I called to check up on it. And then we didn’t even know all the way up until, I think, the beginning of April, whether we were going to be able to do it or not. So, it was very cutting it close to the wire.

NARF/ACLU: You did everything right, and the school district didn’t agree, even though there’s actually a state law that requires them to allow students to wear tribal regalia. So, you ended up reaching out to the Native American Rights Fund. How did that come about? How did you know about NARF?

Dyleen: Was it back in 2020 when they passed that law in Mississippi? Whoever it was that got that, big thanks to them.

NARF/ACLU: It was the Mississippi Band of Choctaw, which is the federally recognized tribe in Mississippi, who did a lot of work to get that across. Tribal advocacy was really important here.

Dyleen: In South Dakota [where the family’s Tribe is based], it’s recognized — a lot of schools do it. In Mississippi, and especially with them not being on a reservation, they probably weren’t even aware of some of this. But for the school to just totally deny it without doing a little bit of research and stuff, I kind of understand it, but I appreciate all the work that NARF and the ACLU have done helping us through this. I actually know somebody that works with NARF. He was an attorney, and he put us in contact with them. I’ve got another grandson who will be graduating [from the same school district] and hopefully, now that they are aware, we won’t have to go through this.

NARF/ACLU: Getting back to the graduation ceremony, Zuri, how did your classmates and others react to you wearing your eagle feather at graduation?

Zuri: Graduation was wonderful. There were a lot of emotions. My friends were asking me about my feather and some of my teachers were asking me. Some teachers weren’t aware of my right to wear my eagle feather and were telling me, “Oh, you need to take that off,” when I was in line. They had to go double check with the principal to see if I’m allowed to wear it, and then they would come back and ask me what it meant. I told them and they’re like, “That’s very cool.” They were curious about the culture and stuff like that. And after graduation, this teacher came up to me, and she apologized to me. She was just saying how wonderful it is to see somebody like me being able to do this at my graduation.

NARF/ACLU: That’s wonderful. Any other reflections on the graduation ceremony?

Merissa: I’m super proud of Zuri. It hasn’t been easy. We lived in South Dakota, and then we came to Mississippi. And she’s endured so much, so many challenges, but nothing’s ever stopped her. She’s very determined. She stands up for what she thinks is right. If it’s wrong, she’ll stand up. I just can’t wait to see what she achieves from here. I’m super proud of her.

NARF/ACLU: Do you have any message or advice that you would share with other families who are trying to have their student wear an eagle feather or other important items at graduation?

Dyleen: I think in some families’ cases, it’s a very long process because the schools that they go to don’t understand. Just keep praying and be hopeful and somewhere along the line, somebody will open up their eyes and say, you know, this is really a good opportunity for these kids.

Merissa: I think it’s important just to keep pursuing what you want and never give up. We should be able to celebrate our achievements, especially with the high school graduates. That kind of keeps them going, even if they don’t go to a university or go to a community college. There are resources. Don’t be afraid to ask. I’m so thankful for my mom and NARF and everybody else that helped us get this win. We’re not just on reservations anymore. And there’s other cultures and people that are in our schools. I think it’s important for all of us to be celebrated. Whatever our cultures, however we celebrate our children, I think that’s really important. So just never give up. Just keep going.

NARF/ACLU: Zuri, do you have a message for other students who are dealing with this issue at their schools?

Zuri: I would say to have a good support system behind you and have an amazing grandma like I do to show you and help you and let you be aware of your culture. And just because people aren’t aware of it, you can still show other people how beautiful you are.

Like Mississippi, a number of states have laws that explicitly protect Indigenous students’ rights at graduation, and more states are enacting similar laws each year. Existing state religious freedom laws and federal laws offer additional protection in many circumstances. Visit our Know Your Rights hub for more information.

Date

Friday, June 23, 2023 - 3:00pm

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With the help of the Native American Rights Fund, the ACLU of Mississippi, and the ACLU, Zuri Wilson was able to wear an eagle feather and receive a star quilt at graduation.

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