Here.
Oneida Tribe approves same-sex marriage
Here.
Author: Ann Tweedy
Article Comparing Resopnses to Andrea Smith and Rachel Dolezal
This piece poses provocative and important questions about why people are outraged about Dolezal’s pretending to be black yet seem to ignore Smith’s completely unsubstantiated claims to Cherokee ancestry. Thanks to A.E. for getting the word out about it.
AALS Indian Nations & Indigenous Peoples Call for Papers
The Indian Nations and Indigenous Peoples Section of the American Association of Law Schools (AALS) invites paper proposals on the following topic. How do Indian Tribes, First Nations, and other Indigenous Peoples regulate same-sex marriage, same-sex relationships, and adoption and foster parenting by same-sex couples and LGBT individuals? What role does evidence of Tribal culture and tradition, if any, play in these decisions? Additionally, what are the processes by which Tribes change their laws with respect to same-sex relationships? More broadly, we are interested in the ways in which Tribes, First Nations and other Indigenous Peoples regulate sexuality and family structure.
Please send proposals of 500 to 1000 words summarizing a paper or work-in-progress you would present on an AALS panel on these issues. The selected panelists will be invited to present their work in a joint program of the Indian Nations and Indigenous Peoples and the Law and Anthropology Section, which will be co-sponsored by the Family Law Section. The Program will be held at the AALS Annual Meeting, January 6-10, 2016. Selected papers will be published in the William Mitchell Law Review. Please submit your proposal on or before September 1, 2015 to Michalyn Steele, Chair-Elect, at steelem@law.byu.edu. Questions can also be directed to Ann Tweedy, Chair.
Environmental group initiates FOIA lawsuit against NPS for new rule allowing Tribes to gather in National Parks
The materials are here, on PEER’s website. Among the arguments being made are that tribes are not entitled to “special rights” for gathering on NPS lands, absent an act of Congress.
NAISA Panel on “Dangerous Intimacies”
This was an extremely interesting panel held Saturday afternoon on LGBT issues and Ecoerotics in Native communities and oral history. At the podium is Melissa K. Nelson from SFSU, and left to right are moderator and discussant Mishuana Goeman from UCLA, Jennifer Denetdale from UNM, and Mark Rifkin from UNC Greensboro.
NAISA Conference starts tomorrow
It will be held in Washington D.C. at the Hyatt Regency Capitol Hill. Here’s the program.
Tribes and Same-Sex Marriage in Columbia Human Rights Law Review
My article on tribal laws relating to same-sex marriage has just been published in Columbia Human Rights Law Review. It delves into the twelve tribal laws that allow same-sex marriage and also looks at tribal DOMAs, tribal domestic partnership laws, and other tribal laws that bear on same-sex marriage. Finally, it addresses the somewhat limited effects Windsor and the future Supreme Court decision in Obergefell are likely to have on tribal DOMAs.
Thanks to everyone who provided information on tribal laws. I couldn’t have done it without you!
Cherokee Nation seeking hunting & fishing compact with OK
Here.
Washington State bill requiring tribal history, culture & government to be taught in public schools to be signed tomorrow
The bill will be signed tomorrow at 9:30. It should be one of the first bills on the list to be signed, so arrive early. Here’s the list: Bill Action May 8th
Obergefell Oral Arguments and Related News
SCOTUS Blog has posted a great round-up of the commentary so far on the oral arguments in Obergefell vs. Hodges, heard Tuesday morning. Obergefell is the same-sex marriage case currently before the Supreme Court, in which the Court is slated to decide both whether states may prohibit same-sex couples from marrying and whether they may refuse to recognize same-sex marriages performed in other jurisdictions. The arguments appear to have been a mixed bag, with many inferring that Justice Kennedy, who will almost certainly be the swing vote, is still deciding. I found this piece on the oral arguments by Lyle Denniston helpful and interesting. As for what a pro-same-sex marriage decision from the Court would mean for tribes, the short answer is that it wouldn’t be binding but most likely would be seen as strong persuasive authority in most tribal courts. Here’s a short article by Anthony Broadman on that issue (which also quotes my forthcoming law review article). And, somewhat relatedly, Indian Country Today has just published an article on the journeys of the Suquamish and Little Traverse Tribes toward marriage equality.
Turtle Talk 
You must be logged in to post a comment.