Indigenous tribes across the United States are responding after the Vatican denied its "Doctrine of Discovery."
In the 15th century the Catholic Church released several decrees that supported the invasion and capture of “non-Christian lands.” This justified the enslavement and genocide of Black, Brown and Indigenous people. Last week, the Vatican released a statement against that belief, now saying it stands with Indigenous peoples.
"The Catholic Church therefore repudiates those concepts that fail to recognize the inherent human rights of indigenous peoples, including what has become known as the legal and political 'doctrine of discovery,'" it read.
Tela Troge is a Shinnecock tribal lawyer. She spoke Wednesday at an online discussion panel hosted by the N&N Land Justice Project. Tribal members spoke about land and wealth, and the next steps that need to be taken following the announcement. Troge said the Discovery Doctrine not only had religious
implications but also impacted the establishment of federal Indian and property laws.
“The whole foundation of American property law, I mean it crumbles, because it's built on a fallacy," Troge said. "Which has been repudiated by the Catholic Church. What happens to that foundation? It's not very strong now.”
The doctrine influenced major Supreme Court decisions that are still impactful today. Troge said second circuit courts have used the laws in cases against Indian land claims. She said all those federal and state laws should be examined.
“Any cases that have been decided using those cases need to be reviewed and have their day in court with this new understanding that the 'Doctrine of Discovery' is not a valid doctrine that we can build case law around,” Troge said.
Troge said the laws established and their impact has become so ingrained in everyday life for the Shinnecock. She said the precedents set in federal and state cases affect the tribal members every time there is a real estate transaction.
Troge said a great way to start the healing process is to ensure that Indigenous people have access and stewardship to their own land.
