Best panel of the conference.
Andrew Adams (moderator), and Dr. Alex Wilson, Ann Tweedy, and Michelle Hansen (presenters)
same-sex marriage in Indian country
LTBB Chairman Dexter McNamara to Sign Tribal Wedding Ordinance; Officiate Wedding
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…
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.
Dramatic Reversal of Course in State Elections on Same-Sex Marriage (Not to Forget First Openly Gay Female Senator)
Details here at Balkinization.
Results of Turtle Talk Poll on Same-Sex Marriage in Indian Country
The poll was here, and the results are in. The most votes we’ve ever had for a Turtle Talk poll — 344 votes.
Yes: 268 votes (78 percent)
No: 50 votes (15 percent)
Maybe: 10 votes (3 percent)
I don’t know: 15 votes (5 percent)
Turtle Talk Poll — Same-Sex Marriage in Indian Country
You may be waiting for the final match-up in the greatest cases tournament, but wait until next week when I get back from the Frickey thing.
Several Indian tribes in recent years have considered whether to authorize same-sex marriage in their respective lands — Coquille and Suquamish have said yes, while Cherokee, Navajo, and Little Traverse Odawa (!?!?!) have said no. What do you think?
NYTs on Suquamish Tribe Same-Sex Marriage Law
Here.
Puget Sound Public Radio on Suquamish Same-Sex Marriage Law
Here is a link to the audio and a transcript. An excerpt:
The Suquamish tribe has about a thousand members. One of them, a 28–year–old Seattle woman, pushed the tribe for years to open up marriage to same–sex couples. This week, the tribal council finally approved the change.
Now, the tribal court can issue a marriage license to two men or two women, as long as one of them is a member of the tribe.
Michelle Hansen is the tribe’s attorney. She says the new law gives gay couples the same marriage rights and benefits as others.
Hansen: “They don’t have to leave the reservation in order to get married. They don’t have to get a state, or a jurisdiction under the state type of license. They can just come here, and many tribal members would rather have those kinds of intratribal matters handled by their own government and by their own courts. So, this gives them that opportunity.”
Hansen says couples can also turn to the tribal court for divorces or some paternity issues.
The seven–member Suquamish Tribal Council unanimously approved the ordinance. The head of the council says he’s heard very little opposition, if any.
The Coquille tribe of Oregon appears to be the only one other tribe in the country with similar recognition for same–sex marriage.
Matthew Fletcher: “In general, I think it’s kind of off the radar.”
WaPo on Same-Sex Marriage Vote at Suquamish
An excerpt:
On Monday, the Suquamish Tribal Council ratified the people’s wishes and recognized gay marriage, making it only the second tribe in the country known to do so.
The new law allows the tribal court to issue a marriage license to two unmarried people, regardless of their sex, if they’re at least 18 years old and at least one of them is enrolled in the tribe.
It will be up to other courts to decide if unions granted under the Suquamish ordinance will be recognized elsewhere in Washington, said the tribe’s attorney, Michelle Hansen.
Gay marriage is still illegal in the state, but the Legislature this year approved a measure recognizing same-sex unions from other jurisdictions, which include other nations. State lawmakers also have approved a so-called “everything but marriage” law, granting same-sex couples many rights.
“I wanted to feel accepted by my tribe,” Purser said. “I was expecting a fight to be ugly. But I was so shocked. I guess I was expecting the worst out of people. I was expecting the worst out of my people.”
Incidentally, I’m on record as saying that the only other tribe that has approved same-sex marriage is the Coquille Tribe:
The Coquille Indian Tribe on the southern Oregon coast is the only other tribe that recognizes same-sex marriage, said Matthew L.M. Fletcher, a law professor at the Michigan State University Indigenous Law Center.
If there are others, please let us know!
Turtle Talk 
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