AP Article here features a quote from Cherie Dominic, who is pictured below today (on her birthday!) with the newly married couple. Congratulations to Mr. Barfield and Mr. LaCroix!
Tribal Codes
NBC News Coverage of Little Traverse Same-Sex Marriage Ceremony
Here.
LTBB Chair Dexter McNamara Will Sign Same-Sex Marriage Ordinance on March 15, 2013
From his email to the tribal employees and news outlets:
Our constitution under ARTICLE II ” INDIVIDUAL RIGHT ” reads, The Little Traverse Bay Bands of Odawa Indians, in exercising powers of self governance, shall NOT deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law.
Also in our Constitution under ARTICLE VI. ORGANIZATION OF THE GOVERNMENT A. PURPOSE, FUNDAMENTAL RIGHTS. We, the Little Traverese Bay Bands of Odawa Indians, speak through this document to assert that we are a distinct nation of Anishinaabek of North America that possess the right to : self-determination; freely determine our political status; freely pursue our economic, social, religious and cultural development, and determine our membership, without external interference. These same rights and principles the Little Traverse Bay Bands of Odawa Indians acknowledge to be inherent among other peoples, nations and governments throughout the world. We recognize their sovereignty and pledge to maintain relations with those peoples, nations and governments who acknowledge those same fundamental human rights and principles, and who recognize the sovereighty of the Little Traverese Bay Bands of Odawa Indians.
As the Chairman of the Little Traverse Bay Bands of Odawa Indians I will sign the Same Sex Marriage Statute on Friday March 15, 2013 @ 10:00 A.M. in the Chairmans office.
I believe that Tribal Citizens who wish to choose same sex marriage should be treated and just as importantly as any other Tribal Citizen who are Man and Woman. This is about people being happy. This is a real Issue. We are private people and we need to recognize on how we wish to live our lives. I have heard from Tribal Citizens, and not once have I heard that this could bring injury to our Nation, and that was the biggest issue that I had concerns of. There should not be a dividing line and we should all be able to seek a good life.
Migwech…
The Chairman at Little Traverse Has Indicated that He’ll Sign the Marriage Amendment
Chairman McNamara has said he intends to sign the bill approving same-sex marriage. This information is from an email forwarded to me by a tribal member.
The previous post is here.
Cherokee Nation Redistricting Challenge — Tribal Court Materials — UPDATED
Here are the materials in Anglen v. Cherokee Nation Council:
Navajo Nation Supreme Court Decides Election Law Dispute
Here is the opinion in Sandoval v. Navajo Election Administration.
The court’s syllabus:
The Supreme Court issues its opinion on reconsideration in this appeal of an OHA dismissal on an election grievance. The Court reverses the OHA and orders Leo Johnson disqualified as school board member of the Shiprock Associated Schools Inc. (SASI). The Court emphasizes the duties of the NEA and candidates when conditions concerning qualifications change before an election has taken place. The Court states that the qualifications statute for school board members specifically require mandatory enforcement throughout the term of office. The vacancy shall be filled by special election pursuant to 11 N.N.C. § 143.
Little Traverse Bay Bands Odawa Council Enacts Same-Sex Marriage Statute — UPDATED
Well, we know they passed it, but no news coverage yet. Here is the March 2 work session agenda, and the March 3 tribal council meeting agenda — both reference that the marriage law was up for approval.
UPDATE: Here are the draft meeting minutes, showing a 5-4 vote in favor.
Federal Court Rejects Yakama Treaty Defense to Federal Taxes on King Mountain Tobacco Products
Here are the materials in King Mountain Tobacco Co., Inc. v. Alcohol and Tobacco Tax and Trade Bureau (E.D. Wash.):
DCT Order Denying Yakama Motion
Yakama Motion for Partial Summary J
An excerpt:
This Court already has held that King Mountain does not enjoy an exemption from the federal excise tax on tobacco products under Capoeman because the tax is not imposed on products directly derived from the land. Therefore, to the degree that Article II contains express exemptive language, the exemption to taxation created by Article II would not apply to the facts of this case. Id. Accordingly, the Plaintiff has failed to establish an exemption to the excise tax under the Treaty.
The court also rejected claims that the General Allotment Act forbid the federal taxes as well:
In this case, Mr. Wheeler is the allottee, but King Mountain is the tax payer. The tax lien statute applies to the property of the “person liable to pay” the unpaid tax. 26 U.S.C. § 6321. Although the Court is aware that Mr. Wheeler’s assets could be subject to lien if King Mountain were found to be Mr. Wheeler’s alter ego, see G.M. Leasing Corp. v. United States, 429 U.S. 338, 350–51, 97 S.Ct. 619, 50 L.Ed.2d 530 (1977), the record is devoid of any evidence that King Mountain is Mr. Wheeler’s alter ego. Accordingly, any lien would be imposed on King Mountain’s property. As the trust property is held for the benefit of Mr. Wheeler, it is not an asset of King Mountain. Therefore, under the reasoning of Anderson, the Capoeman exception to taxation would not apply to income earned by King Mountain.
Materials in a related case are here.
Eastern Band Cherokee Judge Matthew Martin Retires from Bench
Here.
Judge Martin is a helluva writer and scholar, see here and here and here.
Cherokee Tribal Court Associate Judge Matthew Martin (center) retired from the court, and was honored at a reception on Monday, Feb. 11. Shown (left-right) are Judge Kirk Saunooke, Painttown Rep. Tommye Saunooke, Judge Steven Philo, Martin, Cherokee County – Snowbird Rep. Adam Wachacha and Cherokee Chief Justice Bill Boyum. (SCOTT MCKIE B.P./One Feather)
Tribal Election Candidacy Challenge Brought under ICRA Habeas Dismissed
Here are the materials (some of them anyway) in Lewis v. White Mt. Apache Tribe (D. Ariz.):
Turtle Talk 
You must be logged in to post a comment.