August 22, 2008

Same-Sex Marriage Finally Legal in Oregon! (If You’re Coquille)

Kudos to the Coquille Indian Tribe in southern Oregon, which gave the green light to full marriage equality for a lesbian couple, Kitzen and Jeni Branting.

Why is this a big deal to anyone outside the Coquille Tribe? A couple of reasons: First, while Two-Spirits have long been recognized and honored within many Native-American tribes…

…after a lesbian couple married under an ambiguous Cherokee law in Oklahoma three years ago, that tribe’s council adopted a law banning same-sex marriage. Other tribes across the nation, including the Navajos, the nation’s largest tribe, passed similar bans…

We remember that very well, and were shocked and dismayed. So, the Coquille decision is a precedent of sorts, which, we hope, will kick some sense into other tribes that have abandoned their Two-Spirit members.

Second — and here’s where it gets really interesting:

As a federally recognized sovereign nation, the tribe is not bound by the Oregon’s Constitution. …

Because the Coquilles have federal status, a marriage within the tribe would be federally recognized, [says University of Vermont anthropology professor Brian Gilley and author of Becoming Two-Spirit: Gay Identity and Social Acceptance in Indian Country]. And that would violate the Defense of Marriage Act, a law that says the federal government “may not treat same-sex relationships as marriages for any purpose.”

The federal government could challenge the Coquille law as a way of testing the limits of tribal independence.

“This could be a test of sovereignty,” he says.

The tribe concluded that the Defense of Marriage Act may bar the tribe from conferring federal benefits or money on same-sex spouses, said Melissa Cribbins, assistant tribal attorney.

So, while the marriage of a lesbian couple within an 850-member Native American tribe in Oregon may not sound like much to anyone else, it’s entirely possible that the ripple effect could reach all the way to Washington, and impact DOMA itself. This is definitely one story to watch.

Read the full story (and see a picture of the beaming brides-to-be) at The Oregonian.

In the meantime (and all politics aside), congratulations to the happy couple! Thirteen days into my own marriage, I can attest: When you know you’ve found The One, that next step of permanent (and public) commitment enhances the very act of living itself.