Same-Sex Marriage Isn't Law Of The Land From Sea To Shining Sea

[kiva]

While the Supreme Court ruling legalized same-sex marriage in all 50 states, it didn't affect American Indian tribes. The 566 tribes in the U.S. are sovereign, and only 10 have legalized gay marriage.

-snip-

June's Supreme Court ruling did not apply to the Navajo or any other tribe because tribes are not parties to the U.S. Constitution. Lindsay Robertson directs the Center for the Study of American Indian Law and Policy. He says Congress could theoretically pass a statute that affects Indian country. But he says that's not likely because of how Congress understands its pledge to serve as guardians in American Indians' best interest.

http://www.npr.org/templates/transcript/transcript.php?storyId=429597127

The issue of tribal sovereignty had not occurred to me regarding same sex marriage - hopefully the various tribes will consider changing their laws.

[HassleCat]

1. Probably not necessary

People who live on the rez are considered citizens of the US and their individual state, so they can get married by civil authorities in Texas, Arkansas, etc. Tribal governments like to take their time about things, so I expect no big rush.

[jeff47]

2. Uh...they are "party to the US Constitution".

They are not "party" to state constitutions.

If they were not "party" to the US Constitution, then federal law would not apply on reservations. Since we've been going after tribes via drug laws, it's pretty clear federal law applies. If they were not "party", then Congress would not have the right to make drug laws that apply to tribes, and the executive branch would not have the right to enforce them.

While this ruling may not explicitly say "And American Indian Tribes too", presumably the same court would find the same Constitutional right if a lawsuit challenged a tribe's anti-gay-marriage law.