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Same-sex marriage under United States tribal jurisdictions: Wikis

  
  

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Legal recognition of
same-sex couples
Same-sex marriage

Belgium
Canada
Netherlands
Norway

South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: DF
United States: CT, DC, IA, MA, NH, VT, Coquille

Recognized, not performed

Aruba (Dutch only)
Israel
Netherlands Antilles (Dutch only)
United States: CA (conditional), MD, NY, RI

Civil unions and
registered partnerships

Andorra
Austria
Colombia
Czech Republic
Denmark
Ecuador
Finland
France
Germany
Greenland

Hungary
Iceland
Luxembourg
New Caledonia
New Zealand
Slovenia
Switzerland
Wallis and Futuna
United Kingdom
Uruguay

Performed in some jurisdictions

Argentina: BA, RC, RN, VCP
Australia: ACT, TAS, VIC
Mexico: COA
United States: CA, CO, HI, ME, NJ, NV, OR, WA, WI
Venezuela: ME

Recognized, not performed

Isle of Man (UK only)

Unregistered co-habitation

Argentina
Australia
Brazil

Croatia
Israel
Portugal

In some regions

United States: MD, RI

Jurisdictions with current or recent debates on SSUs

Albania
Bolivia
Bulgaria
Burundi
Cambodia
Chile
China (PRC)
ROC (Taiwan)
Congo (DRC)
Costa Rica
Cuba
Cyprus
Dominican Republic
El Salvador
Estonia
Europe
Faroe Islands
Greece
Honduras
India
Ireland
Italy
Jamaica
Japan
Jersey

Kosovo
Latvia
Liechtenstein
Lithuania
Malta
Moldova
Montenegro
Nepal
Netherlands Antilles
Nigeria
Panama
Paraguay
Philippines
Poland
Romania
Russia
Serbia
Slovakia
Singapore
South Korea
Uganda
Ukraine
Venezuela
Vietnam
Zambia

United States: AL, AS, AZ, DE, FL, GU, IL, LA, MI, MN, MT, NM, NC, OH, PA, PR, SC, UT, WV, WY, Native Americans

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Civil union
Domestic partnership
Registered partnership
Civil partnership
Listings by country

LGBT portal

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 marriages, and the various states and other federally-recognized jurisdictions are permitted to choose not to recognize such marriages.

Contents

Situation per nation

Cherokee

Same-sex marriage is illegal in Cherokee law.[1] 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.[2] The couple would still need to file the marriage certificate for the marriage to become legal.

Chippewa

The law of the Sault Ste. Marie Tribe of Chippewa Indians 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".[3] Michigan does not presently allow same-sex marriages.

Chickasaw Nation

Section 6-101.9 of the laws of the Chickasaw Nation asserts that "No Marriage will be recognized between persons of the same sex".[4]

Creek Nation

As of 2004, same-sex marriage is not recognised by the Creek Nation.[5]

Coquille Tribe

In 2008 the Coquille Tribe legalized same-sex marriage, with the law going into effect in May 2009.[6] 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.[7] 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 in 2004 to prohibit same-sex marriages, the Coquille are a federally recognized sovereign nation, and thus not bound by the Oregon Constitution.[8] On May 24, 2009, the first same-sex couple married under the Coquille jurisdiction.[9]

Iowa Tribe

As of 2004, same-sex marriage is not recognised by the Iowa Tribe.[5]

Navajo Nation

Same-sex marriage is not valid under Navajo law.[1] It was explicitly prohibited in a nation code amendment from April 22, 2005,[10] which was vetoed by Navajo president Joe Shirley, Jr.[11] That veto was overturned by the Navajo Nation Council.[12]

References

  1. ^ a b "Oregon tribe to allow same-sex marriages". msnbc.com. August 22, 2008. http://www.msnbc.msn.com/id/26344598. Retrieved December 31, 2009. 
  2. ^ "Cherokee High Court Rules in Favor of NCLR and Same-Sex Couple" (Press release). National Center for Lesbian Rights. 2006-01-04. http://www.nclrights.org/site/PageServer?pagename=press_pr_cherokee_010406. Retrieved 2010-01-01. 
  3. ^ "Chapter 31: Marriage Ordinance", Tribal Code - Sault Ste. Marie Tribe of Chippewa Indians, Enacted July 5, 1995. Including Updates Through 2004., http://www.narf.org/nill/Codes/saultcode/ssmcode31marriage.htm 
  4. ^ "Title 6: Domestic Relations and Families", Chickasaw Nation Code, Amended as of 10/1/09, http://www.chickasaw.net/docs/Title06.pdf, retrieved 2010-01-06 
  5. ^ a b "Few Oklahoma tribes have same-sex marriage rule". 2004-05-19. http://64.38.12.138/News/2004/002676.asp. Retrieved 2010-10-01. "Few Oklahoma tribes have a policy affecting same-sex marriages, The Daily Oklahoman reports. Of several tribes the paper contacted, only the Creek Nation and the Iowa Tribe define marriage as between a man and a woman." 
  6. ^ "Coquille tribe approves same-sex marriages". KOIN. August 21, 2008. http://www.koin.com/news/state/story.aspx?content_id=6fe95e76-b9c1-425c-95f1-e1b314bfdb3e. Retrieved August 21, 2008. 
  7. ^ Adoption of SSM by the Coquille Nation of Oregon
  8. ^ Graves, Bill (August 20, 2008). "Gay marriage in Oregon? Tribe says yes". The Oregonian (Advance Publications). http://www.oregonlive.com/news/index.ssf/2008/08/coquille_tribe_will_sanction_s.html. Retrieved September 7, 2008. 
  9. ^ Graves, Bill (2009-05-27). "Indian gay marriage law takes effect in Oregon". Oregon Faith Report. Religion News Service. http://oregonfaithreport.com/2009/05/indian-gay-marriage-law-takes-effect-in-oregon/. Retrieved 2010-01-01. 
  10. ^ Dempsey, Pamela (2005-04-23). "Navajo Nation officially bans same-sex marriage". The Independent. Diné Bureau. http://www.gallupindependent.com/2005/apr/042305samesex.html. Retrieved 2010-01-01. "Same-sex unions are now officially banned on the Navajo Nation. The Navajo Nation Council passed the Diné Marriage Act of 2005 with a 67-0-0 vote on Friday." 
  11. ^ Norrell, Brenda (2005-05-05). "Navajo president vetoes gay marriage ban". Indian Country Today. http://www.indiancountrytoday.com/archive/28165904.html. Retrieved 2010-01-01. 
  12. ^ "Tribal challenge to same-sex marriage dismissed". Indianz.Com. 2005-08-04. http://64.38.12.138/News/2005/009657.asp. Retrieved 2010-01-01. 

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