Lawyers: Disputes over gay marriage could hit tribal courts

[mahatmakanejeeves]

Lawyers: Disputes over gay marriage could hit tribal courts

Posted: Thursday, August 6, 2015 7:45 pm
Associated Press

TULSA, Okla. (AP) — Some Oklahoma attorneys say tribal courts may soon see challenges to same-sex marriage restrictions following the U.S. Supreme Court’s ruling in June that legalized the unions nationwide.

The Supreme Court’s decision doesn’t have a direct effect on tribal governments, which operate under their own constitutions, said attorney general D. Michael McBride for the Seminole Nation and general counsel for the Comanche Nation and Thlopthlocco Tribal Town.
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At least 10 tribal governments, including the Cherokee, Muscogee (Creek), Chickasaw and Seminole nations in Oklahoma, have adopted laws similar to the Defense of Marriage Act.

“I can tell you that Indian Country is pretty deeply divided over same-sex marriage,” McBride said. “A lot of tribes are very traditional and they believe that in their traditions, one of the purposes of marriage is procreation and making families.”

[Betty Karlson]

1. Sounds like the attorneys are hoping to stir up tribal challenges.

Just because the tribes went along with Bush's hate-the-gays-laws, doesn't obfuscate the fact that a lot of tribes have since seen the rise of acceptance of and respect for two-spirit-individuals - and two-spirit relationships.