🔒 Legal Right to Practice as a Certified Indigenous Midwife (CIM)

Protected by Tribal Sovereignty & Federal Law

 

As a Certified Indigenous Midwife (CIM), I am credentialed and protected under the authority of my tribal nation, operating in accordance with federal law, international law, and constitutional rights that guarantee my freedom to practice within my cultural and spiritual tradition.

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🪶 I Am Certified by My Tribe — Not the State

My certification process meets or exceeds the clinical requirements set by the North American Registry of Midwives (NARM), including:

    •    1,200+ hours of supervised clinical experience

    •    Primary management of prenatal, birth, and postpartum care

    •    Certification in neonatal resuscitation, emergency management, and perinatal health

    •    Rigorous oral and written evaluations conducted by tribal elders and credentialing bodies

The only difference is who certifies me.

For CPMs, it’s a private organization (NARM).

For me, it’s my sovereign tribal government.

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🧾 LEGAL FOUNDATIONS THAT PROTECT MY PRACTICE:

1. United States Constitution – Supremacy Clause (Article VI, Clause 2)

“This Constitution, and the Laws of the United States… shall be the supreme Law of the Land…”

Federal Indian law and tribal authority supersede conflicting state laws. My tribe has the legal right to certify and protect midwives practicing under Indigenous law and custom.

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2. Indian Self-Determination and Education Assistance Act (Public Law 93-638)

25 U.S.C. §§ 5301–5423

This law affirms the right of tribes to manage their own health, education, and community services—including midwifery. I am protected under this law as a health care provider certified by my tribal nation.

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3. American Indian Religious Freedom Act (AIRFA) – Public Law 95-341

Protects the spiritual, cultural, and ceremonial practices of Native people.

Traditional midwifery is a sacred act of ceremony and cultural survival. Any attempt to restrict my practice violates my federally protected spiritual rights.

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4. Indian Health Care Improvement Act (IHCIA) – Public Law 94-437

Supports the right of tribes to establish their own health care systems and providers.

My work as a midwife falls within the scope of community-based maternal and child health care delivery authorized by my tribe and protected by federal law.

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5. Tribal Sovereignty (Worcester v. Georgia, 1832; McClanahan v. Arizona, 1973)

U.S. Supreme Court precedent affirms that tribes are distinct political entities with authority over internal affairs—including licensing, certification, and professional regulation.

This means:

Louisiana state agencies have no jurisdiction over my tribal certification, nor the care I provide under tribal and federal protection.

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6. Civil Rights Act – Title II & Title VII

My right to operate free of discrimination based on race, religion, or national origin is protected under federal civil rights law. Any effort to shut down my practice due to my tribal credential is a form of cultural discrimination and racial targeting.

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🚫 What the State Cannot Do:

    •    The State of Louisiana cannot override federal law or tribal sovereignty.

    •    LDH has no authority to regulate or deny certification issued by a tribal nation.

    •    Attempts to criminalize or penalize my work violate the First Amendment, federal Indian law, and international human rights law.

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⚖️ If Challenged, I Am Prepared to Defend My Rights

I am prepared to file a federal civil rights lawsuit if my constitutional rights or federally protected status as an Indigenous midwife are infringed upon. My practice is shielded by:

    •    The U.S. Constitution

    •    Federal Indian Law

    •    My Tribal Affidavit of Certification

    •    And the principle of Free Exercise of Culture and Religion

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🧡 Your Care Is Legal, Safe, and Sacred

As a client of a Certified Indigenous Midwife, your care is:

    •    Legally protected

    •    Culturally centered

    •    Spiritually honored

    •    Rooted in the ancient and modern knowledge of birth sovereignty

Birth is a right. Tradition is a right. Tribal law is the law.