Michigan Supreme Court

Cases Affecting Civil Rights

Territorial Cases

Judge Woodward:1807

• Denison v Tucker: slaves returned to Tucker who was deemed to be lawful master of the Denison’s

• In Matter of Richard Pattinson: Woodward decided not to return fugitive slaves

• Two cases demonstrate conflict between what was viewed as the immorality of slavery and an obligation to and interpretation of the laws

Voting • Gordon v Farrar: Supreme Court found that

voting was exclusive to white males, 1844• People v Dean: Justices Campbell, Cooley

and Christiancy defined white as “less than ¼ African blood”

• Hedgeman v Board of Registration: Court held that free blacks were not citizens

Education• Workman v Detroit Board of Education,

1869• “Separate but Equal” Doctrine dismissed• Public school admission based on race ruled

illegal• 1871: William W. Ferguson first African

American admitted to Detroit Public School system

• Legal victory without practical application, schools continued to be segregated

Public Accommodations

• Day v Owen, 1858

• Ferguson v Gies, 1890

• Bolden v Grand Rapids Operating Corp, 1927

Day v Owen, 1858

• Denied passage on a steamer from Detroit to Toledo

• Sued for damages

• Court ruled that ultimately the defendant had the right to decide where a customer could ride on his steamer

Ferguson v Gies, 1890• Came after Civil Rights

legislation, Act 130• Counteracted ideology

of Day v Owen• “In Michigan, there must

be absolute, unconditional equality of White and Colored before the Law”-Justice Morse

• Prominent African American representation

Justice Morse

Bolden v Grand Rapids Operating Corp, 1927

• Gave African Americans right to sue for damages if discriminated against

• Michigan’s Civil Rights Statute was found to be constitutional exercise of the state’s police powers

William W. Ferguson

• Prominent Detroit business owner of a printing company

• Became a lawyer in 1897

• First African American elected to Michigan Legislature

D. Augustus Straker

• African-American lawyer from the Bahamas, represented Ferguson

• One of the first minorities to argue before the Michigan Supreme Court

• Included in 1900 time capsule that was recently opened

Restrictive Covenants

• Most commonly, refusing housing based on racial restrictions

• Parmalee v Morris,1922: upheld racially restrictive covenants

• Sipes v McGhee, 1947: Led to a U.S. Supreme Court ruling that states could not enforce racially restrictive covenants

Ramifications

• The Michigan Supreme Court promoted change and maintained the status quo, and positive or negative the Court has an undeniable impact on our lives.

• The cases chosen represent medley of the Court’s work

• Historically, the Court reflected the conservative beliefs of Midwestern Michigan society

Cases and Controversies:

Issues involving the Indigenous People of Michigan

19th Century Treaties• Seven treaties signed

• “Each of the treaties had a specific purpose related to…establishing the state”

• United States v Michigan found that treaties must be viewed in a manner most favorable for Native Americans

Tribal Sovereignty• “Inherent right of

the tribe to govern itself”

• One example would be the existence of a separate, independent tribal judicial system

• Concept repeatedly upheld by the U.S. Supreme Court

• Tribal Sovereignty allows tribes to retain a host of rights including fishing, hunting, gaming, and higher education tuition waivers

Hunting and Fishing Rights

• Controversy over rights retained by various tribes in the numerous treaties signed between 1836 and 1855

• People v Chosa, 1930

• People v Jondreau, 1971

1970s• DNR bans gill nets in

the early 70s, limiting the most commonly practiced method of fishing utilized by Native Americans

• People v LeBlanc deals with license requirements and the rights of the state to prohibit gill nets

• United States v State of Michigan

• Considered by some to be the “most far-reaching Indian rights decision”

• The decision by Judge Joel Fox confirmed that treaty rights took precedence over the state’s ability to regulate fishing

Gill Nets

Consent Agreement

• An attempt to find compromise between fishing use for tribal, non-tribal commercial, and sport fishers

• The Consent Agreement of 1985 aimed for “accommodation of Indian rights, protection of fishery, and cessation of Indian-white hostilities”

• The Agreement was renewed in 2000, and for the most part has been considered a success

Gambling

• IGRA: Indian Gaming Regulatory Act

•Act of Congress passed in 1988

•Specific guidelines to regulate gambling nationally

•Forced states to enter into good faith negotiations with tribes

Native American Casinos in Michigan

Negotiations

• Slot Machines• Stalled negotiations

in Michigan for almost four years

• Primages v Liquor Control Commission confirmed that electronic games of chance are legal in Michigan

• Compact negotiations concluded on August 30, 1993

• Native-American casinos agreed to pay 8% tax on “Net Win”

Detroit Casinos• Governor Engler has

refused off-site casinos for Native Americans

• On the fourth attempt, a proposal to allow three private casinos was passed in the city of Detroit

• New casinos were allowed to operate slot machines

• Sault Ste. Marie Tribe of Chippewa Indians v Engler, in 1998

• Revolved around the issue of net win and if Native-American casinos are still accountable to pay, which they were found to be

Conclusion

• They are many additional controversies that involve the interactions between Native Americans and non-Indian people in the state of Michigan

• Cases involving tribal sovereignty, fishing rights, and gambling are intended to represent the most prevalent issues for the majority of Michiganders