marriage equality

Cherokee Nation AG Opines that Cherokee Constitution Protects Fundamental Right to Marriage; Same-Sex Marriage Legal at Cherokee

Matthew L.M. Fletcher6 Comments

Here is the opinion:

Hembree Opinion

An excerpt:

For the reasons discussed below, it is the official opinion of the Attorney General that the Cherokee Nation Constitution protects the fundamental right to marry, establish a family, raise children and enjoy the full protection of the Nation’s marital laws. The Nation may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage based solely upon the sex of the persons in the marriage union. Therefore, Section 1 of the Cherokee Nation Marriage and Family Act (“Act”), which defines marriage as “a civil contract between one man and one woman,” is  unconstitutional. Likewise, Section 3 of the Act, which prohibits marriage “between parties of the same gender,” is also unconstitutional. 

Reminder: AALS Indian Nations & Indigenous Peoples Call for Papers on Same-Sex Marriage & LGBT Families

Ann Tweedy

The deadline is coming up 9/1. Please submit if you have a qualifying research project and also feel free to share widely:

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.

AALS Indian Nations & Indigenous Peoples Call for Papers

Ann Tweedy1 Comment

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.

Tribes and Same-Sex Marriage in Columbia Human Rights Law Review

Ann Tweedy1 Comment

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!

Obergefell Oral Arguments and Related News

Ann Tweedy

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.