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The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian lands.

In the United States, Congress not the federal courts has legal authority over Indian country. Thus, unless Congress passes a law regarding same-sex marriage for Indian tribes, federally recognized American Indian tribes have the legal right to form their own marriage laws.

Most, but not all, Native American jurisdictions have no special regulation for marriages between people of the same sex or gender. Many Native American belief systems include the two-spirit descriptor for gender variant individuals and accept two-spirited individuals as valid members of their tribes.

In some instances, tribal law has been changed to specifically address same-sex marriage. In other cases, tribal law specifies that state law and state jurisdiction govern marriage relations for the tribal jurisdiction.

Until October 25, , the Ak-Chin Law and Order Code specifically banned same-sex marriages and did not recognize those performed off the reservation. In September , a member of the Ak-Chin Indian Community filed a lawsuit in the Ak-Chin Indian Community Court, alleging violations of equal protection, the Indian Civil Rights Act and due process, after the tribe refused to recognize her same-sex marriage [4] [5] On October 25, , the court ruled that the law banning same-sex marriage was in violation of the tribe's Constitution and the Indian Civil Rights Act of The tribe's chairman announced that the Government will not appeal the ruling.

The ruling only applies to the Ak-Chin Indian Community, but may set a precedent for similar future challenges by more tribes. The Law and Order Code of the Blackfeet Nation of the Blackfeet Indian Reservation of Montana, Chapter 3 — Domestic Relations specifies that state law and state jurisdiction governs marriage relations and that neither common-law nor marriages performed under native customs are valid within the Blackfeet Reservation.

The Central Council of the Tlingit and Haida peoples in Alaska voted in February to legalize same-sex marriage on their sovereign lands. The Council will also be responsible for any related divorces that may arise.

The Cherokee Nation has recognized same-sex marriages since December 9, , overturning a ban established in On May 13, , a lesbian couple applied for a marriage license and were approved by a Cherokee Nation tribal court deputy clerk. On May 18, , the couple were married in Tulsa , but their request to register their certificate of marriage was refused.

On June 11, , the Tribal Council's attorney, as a private party, filed an objection to the issuance of the application and on June 16 filed an injunction to nullify the marriage.

The following day, 15 tribal councilors filed a petition to prevent the couple from filing their marriage certificate with the tribe. On January 6, , the Cherokee Nation Court Administrator filed a petition stating that recording the marriage certificate would violate the tribal law defining marriage as that of a man and a woman.

On December 9, , the Attorney General of the Cherokee Nation overturned the tribe's ban on same-sex marriage. His decision took effect immediately. He had been asked to rule on the recognition of same-sex marriage by the tribe's tax commissioner.

On March 21, , a Cherokee Nation Rules Committee discussed a proposal that would ask voters whether the tribe should recognize same-sex marriage. The following day, the Council voted to table the resolution indefinitely, keeping same-sex marriage legal.

Marriage law of the Cheyenne and Arapaho Tribes , a united tribe in Oklahoma, makes no specification of the gender of the participants. The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Coos Bay, Oregon began recognizing same-sex marriages on August 10, by repealing part of their marriage law which called same-sex marriages invalid and prohibited.

In March , it was reported that the Confederated Tribes of Siletz Indians from Oregon had introduced a tribal ordinance to recognize same-sex marriage. The measure was to be an "additional option" for tribal members who would retain the ability to marry through the tribe, the State of Oregon, or their state of residence. On May 19, , U. District Judge Michael McShane ruled that Oregon's ban against same-sex marriage was unconstitutional.

The Confederated Tribes of the Colville Reservation in the state of Washington voted for same-sex marriage recognition on September 5, The vote passed the Tribal Council without objection. The ordinance specifically includes a non-discrimination clause that would allow same-sex couples to marry.

In , the Coquille Indian Tribe legalized same-sex marriage, with the law going into effect on May 20, To marry under Coquille law, at least one of the spouses must be a member of the tribe. Although the Oregon voters approved an amendment to the Oregon Constitution in to prohibit same-sex marriages, the Coquille are a federally recognized sovereign nation , and thus not bound by the Oregon Constitution. Chapter 4 recognizes the relationship of two non-married, committed adult partners who have declared themselves as domestic partners provided that it is registered.

The Law and Order Code of the Fort McDermitt Paiute and Shoshone Tribes , Chapter 5 — Domestic Relations and Adoptions enacted on September 13, , provides in section 2 that all marriages from the day of enactment are to be governed by the laws of the states of Nevada or Oregon, depending on which state they occurred in. The Grand Portage Band of Chippewa part of the Minnesota Chippewa Tribe follows state law with regard to marriages as they "do not have jurisdiction over domestic relations" per the Grand Portage Judicial Code.

On June 5, , the Legislature of the Ho-Chunk Nation of Wisconsin approved a bill to legalize same-sex marriage, in a 13—0 vote. On June 24, , the Iipay Nation of Santa Ysabel announced their recognition of same-sex marriage, becoming the first tribe in California to do so. On November 7, , the Tribal Council of the Keweenaw Bay Indian Community voted to place a referendum on the ballot for a tribal vote on December 13, to allow same-sex marriage in their community, in response to the 6th Circuit Court of Appeals decision to uphold Michigan's ban on same-sex marriage.

Chapter 30 of the Tribal Code authorizes tribal court judges to perform marriages in accordance with the laws of Wisconsin. The Family Relations Code of the Leech Lake Band of Ojibwe , Title 5 Family Relations Code, Chapter 2 — Marriages, establishes that the tribe has jurisdiction over all marriages performed within its boundaries and over the marriages of all tribal members regardless of where they reside.

Chapter 3 defines marriage as a civil contract between two parties who are capable of solemnizing and consenting to marriage. The band has the most populous reservation in the state of Minnesota , which had legalized same-sex marriage at the state level earlier in the year. Same-sex marriages entered into by the sovereign tribe are recognized by Michigan , the state where the Little Traverse Bay Bands are based, due to the Supreme Court's ruling striking down Michigan's same-sex marriage ban.

Since April 29, , the Connecticut -based Mashantucket Pequot Tribal Nation's law states that "Two persons may be joined in marriage on the Mashantucket Pequot Reservation" without specifying gender. In June , the Mashantucket Pequot Tribal Nation approved an anti-discrimination ordinance which prohibits discrimination based on sexual orientation and gender identity. The Tribal Council of the Menominee Indian Tribe of Wisconsin approved a marriage law on November 3, , which states under section 6, that marriage "creates a union between two 2 persons, regardless of their sex or gender ".

The Law and Order Code of the Oglala Sioux Tribe , Chapter 3 — Domestic Relations, provides at section 28 that marriage is a consensual personal relationship arising out of a civil contract, which has been solemnized. Per section 30, any tribal member of legal age or with parental consent if a minor, may obtain a marriage license from the Agency Office, or consummate marriage under authority of license by the state of South Dakota.

A first same-sex marriage which was conducted by the tribe's chief judge took place soon after. A number of traditional elders voiced their objection against the attorney's viewpoint. The Marriage Law of the Oneida Tribe of Indians of Wisconsin was revised in May , replacing the phrase "husband and wife" with "spouses", explicitly recognizing same-sex marriage. The change came into effect on June 10, The Osage Nation in Oklahoma has explicitly recognized same-sex marriages performed in other jurisdictions since April 6, Previously, on April 12, , at the 4th Session of the 2nd Congress of the Osage Nation, a bill to establish marriage, dissolution and child support procedures for the Osage jurisdiction was passed.

The Pokagon Band of Potawatomi Indians , in southwestern Michigan and northeastern Indiana , announced on March 9, , that a law recognizing same-sex marriages would enter into force on May 8, On December 9, , they offered couples the opportunity to marry at Heronswood Botanical Gardens, which is owned by the tribe, near Kingston.

Section 1, Chapter 3c of the Code now states that "two persons of the same or opposite gender may marry. On July 9, , the Puyallup Tribe of Indians in the state of Washington legalized same-sex marriage.

District Court Judge John Sedwick ruled on October 17, , that Arizona's same-sex marriage ban was unconstitutional. According to the Constitution and by-laws of the San Carlos Apache Tribe of Arizona, all marriages shall be in accordance with state laws. Marie Tribe of Chippewa Indians in Michigan changed its marriage laws on July 7, by removing gender-specific language and also the need obtain marriage licenses from the state of Michigan before getting married.

Up to , the law of the Sault Ste. Marie Tribe of Chippewa Indians noted that "requirements of the State of Michigan with respect to the qualifications entitling persons to marry within that State's borders, whether now in existence or to become effective in the future, are hereby adopted, both presently and prospectively, in terms of the sex of the parties to the proposed marriage" Art.

Opposite-sex marriages were recognized by the tribe but the law didn't say whether or not same-sex marriages were recognized. The Suquamish Tribe of Washington legalized same-sex marriage on August 1, , following a unanimous vote by the Suquamish Tribal Council. At least one member of a same-sex couple has to be an enrolled member of the tribe to be able to marry in the jurisdiction. After changes on May 6, , Chapter 4. The federally recognized Native American tribes in this section have neutrally worded marriage statutes which do not appear to have been applied to same-sex couples, nor have steps been taken to officially recognize same-sex couples, but they are not precluded from recognition.

In some cases, valid marriages performed in other jurisdictions are recognized. In some cases their legislation about recognition of out-of-jurisdiction marriages is neutrally worded and could leave the possibilities open to such a recognition. In parallel, the wording of their marriage conditions within jurisdiction is frequently not explicitly excluding same-sex marriages but a few elements of it contains reference to heterosexual marriage such as "husband and wife".

In other cases, the wording may also forbid performance explicitly, but not exclude recognition. Some tribes recognize "domestic partnerships" of same-sex couples for limited benefits. Employees have access to same-sex benefits for domestic partners and as of January the tribe began offering coverage to employees in same-sex marriages. However, the persons to be married must declare in the presence of the person performing the ceremony, that they take each other as husband and wife , and he must thereafter declare them to be husband and wife.

B states that "a marriage between a man and a woman licensed, solemnized, and registered as provided in this Chapter is valid. The minutes of a tribal council meeting which took place on 20 December stated that the " Code is silent on defining who can marry. If the Tribal Code is silent, then we rely on federal law first and then state law.

The Confederated Tribes of the Umatilla Indian Reservation, located in Umatilla County, Oregon , approved in a law allowing couples, including same-sex couples, to enter a domestic partnership. The possibility of passing same-sex marriage was discussed at the time, but the tribe decided to pass a domestic partnership law instead.

The Tribal Code of the Curyung Tribal Council , Title II — Family Law, Chapter 6 — Tribal Marriages provides in Section 1 that the tribe shall uphold the validity of any marriage which was valid under the law of the jurisdiction where it was performed. On November 6, , an amendment to Cherokee Code was submitted to the Eastern Band of Cherokee Indians Tribal Council in order to prohibit same-sex marriage in their jurisdiction.

Since licenses are issued by the state and since the Eastern Cherokee recognize marriages legally performed elsewhere as valid, recognition is assured. Section 2 prohibits marriages wherein one party is already married, within specified degrees of consanguinity, or if the marriage is prohibited by custom of the tribes.

Footnote 5, explaining the category of spouse noted "Responses of "same-sex spouse" were edited during processing to "unmarried partner". Recognition of Marriages " of the same code states that "The Grand Traverse Band of Ottawa and Chippewa Indians shall recognize as a valid and binding marriage any marriage between a man and a woman , formalized or solemnized in compliance with the laws of the jurisdiction in which such marriage was formalized or solemnized.

The Hoh Indian Tribe 's Housing Management Policy which was adopted on January 15, defines marriage as " a marriage acknowledged in any state or tribal jurisdiction, same-sex and common-law marriages. M "Marriage" is an institution according to any practice, including custom and tradition, recognized under Hopi law. The Children and Family Code of the Karuk Tribe defines marriage in under Section 3 A as "a personal relationship between two 2 persons arising out of a civil contract to which the consent of the parties is essential", only marriages between persons who are already married or closely related are considered illegal under Section 3 B.

The tribe does not allow same-sex marriages to be performed in its jurisdictions. Consent alone does not constitute a marriage. A conventional marriage relies upon the issuance of a license and the issuance of a marriage certificate as authorized by this Chapter.


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