In light of the 6th Circuit’s recent stay on the district court’s opinion overturning Michigan’s law barring same-sex marriage and the governor’s decision not to recognize marriages issued before the stay, I’ve been wondering what effect all of this has on the laws of the Sault Ste. Marie Tribe. My question stems from the fact that the Sault Ste. Marie Tribe has taken the interesting approach of tying its own marriage laws to those of Michigan. Specifically, the Tribe’s law states that:

“All 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, and the age of the parties.” Sault Ste. Marie Tribe of Chippewa Indians Tribal Code, ch. 31, § 31.104.

Putting on my Conflict of Laws hat, the stay seems like a procedural matter, so same-sex marriage appears to be currently allowed in Michigan although no one can enter into such a marriage under state law due to the stay. Does that mean that same-sex marriage is allowed under the laws of the Sault Ste. Marie Tribe? And did the governor have the power to declare that marriages entered into before the stay would not be recognized, given that he acknowledges their legality? What effect if any did his statement have on the law of the Tribe, given that it has chosen to incorporate Michigan law on this issue? Unfortunately, at this point I have more questions than answers.