Oklahoma tribes stand out in movement for marriage equality


The White House is seen on June 26, 2015. Official White House photo by Chuck Kennedy

At least two dozen tribes recognize same-sex marriage and dozens more do not appear to limit the rights of their citizens to engage in unions of their choosing.

But tribes in Oklahoma stand out as the marriage equality movement has swept the nation and Indian Country. At least seven of the 38 in the state -- including some of the largest in the nation -- explicitly define marriage as a union between one man and one woman.

"I can tell you that Indian Country is pretty deeply divided over same-sex marriage," attorney D. Michael McBride, who works with several tribes in the state, told The Oklahoma Journal Record. "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."

McBride and other attorneys predict that citizens of tribes that outlaw same-sex marriage will bring challenges in their courts. They believe tribal judges could be influenced by the recent U.S. Supreme Court decision that requires all states to recognize same-sex marriage.

Citizens of those tribes could also try to change existing laws. Leaders of the Osage Nation have already indicated they are reconsidering their ban on same-sex marriage.

The Wikipedia page on same-sex marriage in Indian Country contains an extensive list of marriage laws of more than 100 tribes.

Get the Story:
Lawyers: Disputes over gay marriage could hit tribal courts (AP / The Oklahoma Journal Record 8/6)
Same-sex marriage poses questions for tribal courts (The Oklahoma Journal Record 8/5)

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