Same-sex marriage under United States tribal jurisdictions
Encyclopedia
The individual laws of the various United States federally-recognized Native Americans
tribes set the limits on same-sex marriage under United States tribal jurisdictions. Most, but not all, Native American jurisdictions have no special regulation for marriages between people of the same sex or gender. Due to the Defense of Marriage Act
, the federal government is specifically prohibited from recognizing same-sex marriage
s, and the various states and other federally-recognized jurisdictions are permitted to choose not to recognize such marriages.
law. After a Cherokee lesbian couple applied for a marriage license, the Cherokee Nation
Tribal Council unanimously approved a Constitutional amendment in 2004 defining marriage as between one man and one woman. The couple appealed to the judicial court on grounds that their union predated the amendment, and on December 22, 2005 the Judicial Appeals Tribunal of the Cherokee Nation dismissed an injunction against the lesbian couple filed by members of the Tribal Council to stop the marriage. The couple would still need to file the marriage certificate for the marriage to become legal.
notes 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". Michigan does not presently allow same-sex marriages.
asserts that "No Marriage will be recognized between persons of the same sex".
Although the Oregon voters approved an amendment to the Oregon Constitution
in 2004 to prohibit same-sex marriages, the Coquille are a federally recognized sovereign nation, and thus not bound by the Oregon Constitution. On May 24, 2009, the first same-sex couple—Jeni and Kitzen Branting—married under the Coquille jurisdiction.
law. It was explicitly prohibited in a nation code amendment from April 22, 2005, which was vetoed by Navajo president Joe Shirley, Jr.
That veto was overturned by the Navajo Nation Council.
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
tribes set the limits on same-sex marriage under United States tribal jurisdictions. Most, but not all, Native American jurisdictions have no special regulation for marriages between people of the same sex or gender. Due to the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, the federal government is specifically prohibited from recognizing same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s, and the various states and other federally-recognized jurisdictions are permitted to choose not to recognize such marriages.
Cherokee Nation
Same-sex marriage is illegal in CherokeeCherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
law. After a Cherokee lesbian couple applied for a marriage license, the Cherokee Nation
Cherokee Nation
The Cherokee Nation is the largest of three Cherokee federally recognized tribes in the United States. It was established in the 20th century, and includes people descended from members of the old Cherokee Nation who relocated voluntarily from the Southeast to Indian Territory and Cherokees who...
Tribal Council unanimously approved a Constitutional amendment in 2004 defining marriage as between one man and one woman. The couple appealed to the judicial court on grounds that their union predated the amendment, and on December 22, 2005 the Judicial Appeals Tribunal of the Cherokee Nation dismissed an injunction against the lesbian couple filed by members of the Tribal Council to stop the marriage. The couple would still need to file the marriage certificate for the marriage to become legal.
Sault Ste. Marie Tribe
The law of the Sault Ste. Marie Tribe of Chippewa IndiansSault Tribe of Chippewa Indians
The Sault Ste. Marie Tribe of Chippewa Indians of Michigan, commonly shortened to Sault Tribe of Chippewa Indians or the more colloquial Sault Tribe, is an indigenous community located in what is now known as Michigan's Upper Peninsula. The tribal headquarters is located within the major city in...
notes 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". Michigan does not presently allow same-sex marriages.
Chickasaw Nation
Section 6-101.9 of the laws of the Chickasaw NationChickasaw Nation
The Chickasaw Nation is a federally recognized Native American nation, located in Oklahoma. They are one of the members of the Five Civilized Tribes. The Five Civilized Tribes were differentiated from other Indian reservations in that they had semi-autonomous constitutional governments and...
asserts that "No Marriage will be recognized between persons of the same sex".
Coquille Tribe
In 2008 the Coquille Tribe legalized same-sex marriage, with the law going into effect in May 2009. The law approving same-sex marriage was adopted 5-2 by the Coquille Tribal Council and extends all of the tribal benefits of marriage to same-sex couples. To marry under Coquille law, at least one of the spouses must be a member of the tribe. In the 2000 Census, 576 people defined themselves as belonging to the Coquille Nation.Although the Oregon voters approved an amendment to the Oregon Constitution
Oregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
in 2004 to prohibit same-sex marriages, the Coquille are a federally recognized sovereign nation, and thus not bound by the Oregon Constitution. On May 24, 2009, the first same-sex couple—Jeni and Kitzen Branting—married under the Coquille jurisdiction.
Navajo Nation
Same-sex marriage is not valid under NavajoNavajo Nation
The Navajo Nation is a semi-autonomous Native American-governed territory covering , occupying all of northeastern Arizona, the southeastern portion of Utah, and northwestern New Mexico...
law. It was explicitly prohibited in a nation code amendment from April 22, 2005, which was vetoed by Navajo president Joe Shirley, Jr.
Joe Shirley, Jr.
Joe Shirley, Jr. is a Native American politician who was the previous President of the Navajo Nation. He is of the Navajo Tribe and is from Chinle, Arizona...
That veto was overturned by the Navajo Nation Council.