Here. More at Leelanau Enterprise (paywall).
Remains of MIA Michigan Odawa Vietnam War Vet Recovered — John L. Burgess (Born Larry Waukazoo)
Here. More at Leelanau Enterprise (paywall).
little traverse bay bands of odawa indians
Two Papers from Elizabeth Kronk
Indian Claims and the Court of Federal Claims: A Legal Overview, Historical Accounting and Examination of the Court of Federal Claims’ and Federal Circuit’s Impact on Federal Indian Law
6 Journal of the Federal Circuit Historical Society 59 (2012)
Elizabeth Ann Kronk
Abstract:
Many would argue that the history of the federal government’s relationship with Indian tribes is replete with examples of atrocities and shameful actions on the part of the federal government (which is not to say that Indian tribes have been historical angels). Through the Court of Federal Claims, and its predecessor the Indian Claims Commission, Indian tribes have been able to pursue monetary claims against the federal government for these historic and modern injustices. The history of Indian claims in the United States Court of Federal Claims is an interesting and multifaceted one. Although many Indian tribes regularly bring claims to the Court of Federal Claims today, this was not always the case. This article seeks to trace the history of Indian claims in the Court of Federal Claims and also discusses how decisions of the Court of Federal Claims and United States Court of Appeals for the Federal Circuit have significantly impacted the development of federal Indian law. To accomplish this goal, the article begins with a general examination of federal Indian law and of the history of Indian claims in the Court of Federal Claims. The article then examines some key decisions of the Court of Federal Claims and Court of Appeals for the Federal Circuit that have significantly impacted the development of federal Indian law.
One Statute for Two Spirits: Same-Sex Marriage in Indian Country
JURIST Forum, April 2013
Elizabeth Ann Kronk
Abstract:
On March 15, 2013, the Little Traverse Bay Bands of Odawa Indians (LTBB) became the third tribal nation to recognize same sex unions. The LTBB statute, Waganakising Odawak Statute 2013-003, defines marriage as “the legal and voluntary union of two persons to the exclusion of all others.” The Coquille Tribe, in 2009, and Suquamish Tribe, in 2011, both previously recognized same sex unions. Unlike the Coquille Tribe, located within Oregon, and the Suquamish Tribe, located within Washington, LTBB’s tribal territory is located within Michigan, a state that does not currently recognize same sex marriages. Accordingly, some may question the authority of LTBB and similarly situated tribal nations to enact provisions, such as the Waganakising Odawak Statute 2013-003, that conflict with state policy. This article addresses issues surrounding the authority of tribal nations to enact provisions allowing for same-sex marriage or unions.
WaPo on Same Sex Marriage in Indian Country
Here. H/T How Appealing.
First Same Sex Couple Married by Little Traverse Bay Band
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!
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…
WaPo Article on Justice Department’s Eagle Feathers Policy
Here. h/t PropertyProf Blog.
An excerpt:
Doug Craven, the natural resources director for the Little Traverse Bay Bands of Odawa Indians in Michigan, said tribal members there frequently encounter feathers from around 25 bald eagle nesting sites on their reservation. But it wasn’t always clear to them whether they could keep the feathers for ceremonial use or if they’d have to send them off to a repository.
“They feel that’s been gifted to them and they have a responsibility for that feather,” said Craven, who was part of a group consulting with the Justice Department on the eagle feather policy. “This policy supports that.”
Yay! It’s nice no longer being a crook.
LTBB Tribal Council Votes Down Same-Sex Marriage Amendment, but Debate Continues
An excerpt from the Petoskey News:
The motion to approve the amendment failed on a 4-5 vote, but a second vote — passing 5-4 — put the entire tribal marriage statute that defines marriage as between a man and a woman up for legislative review.
The amendment would have made the tribe the first in Michigan to allow same-sex couples to wed. Only two tribes in the nation have adopted a similar marriage definition.
The decision would also have skirted a 2004 ballot proposal by Michigan voters that banned gay marriage for the entire state population, because the federal government recognizes tribes’ rights to govern themselves as a domestic nation.
Despite the failed vote, the issue is unlikely to be dropped.
Previous post on the topic is here. Miigwetch to C.D.
LTBB Considering Recognition of Same-Sex Marriage
Split D.C. Circuit Grants Attorney Fees to Tribal Intervenors in EPA Mercury Rule Case (New Jersey v. EPA)
Here is the opinion. And the briefs:
The underlying merits decision from the D.C. Circuit vacating a Bush-era EPA mercury rule is here. BLT coverage is here.
Here are the intervening tribes and organizations:
Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, Jamestown S’Klallam Tribe, Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Little River Band of Ottawa Indians, Little Traverse Bay Bands of Odawa Indians, Lower Elwha Klallam Tribe, Lummi Nation, Minnesota Chippewa Tribe, National Congress of American Indians, Nisqually Tribe, and Swinomish Indian Tribe Community
Turtle Talk 
You must be logged in to post a comment.