Tribe's AG: Cherokee Nation Now Recognizes Same-Sex Marriages

<p>The Cherokee Nation should recognize&nbsp;same-sex marriages, according to an opinion issued by the Cherokee Nation Attorney General.&nbsp;</p>

Friday, December 9th 2016, 4:44 pm

By: News On 6


The Cherokee Nation should recognize same-sex marriages, according to an opinion issued by the Cherokee Nation Attorney General.

Attorney General Todd Hembree says he issued the opinion at the request of Cherokee Nation Tax Commission Director Sharon Swepston.

He said she requested an opinion as to whether the Cherokee Nation Tax Commission may recognize civil unions, same-sex marriages and same-sex domestic partnerships from other jurisdictions for the purpose of issuing license plates, in light of the Cherokee Nation Marriage and Family Act, which prohibits same-sex marriage.

Hembree wrote in his opinion that Section 1 of the Cherokee Nation Marriage and Family Act, which defines marriage as "a civil contract between one man and one woman," is unconstitutional. He also wrote that Section 3, which prohibits marriage "between parties of the same gender," is also unconstitutional.

Hembree acknowledged the magnitude of the question he answered in his opinion, as well as the fact that "Many Cherokees deep-seated religious, moral, and ethical convictions that marriage should be limited to one man and one woman, whereas, many other Cherokees hold equally strong convictions that homosexual couples should be treated the same as heterosexual couples."

Hembree wrote that neither view dictated his answer nor guided his analysis.

In the Cherokee Nation, the Attorney General's opinion has the force of law, so the tribe officially recognizes same-sex marriages as of today.

Read the opinion below:

logo

Get The Daily Update!

Be among the first to get breaking news, weather, and general news updates from News on 6 delivered right to your inbox!

More Like This

December 9th, 2016

March 14th, 2024

December 4th, 2023

September 25th, 2023

Top Headlines

March 29th, 2024

March 29th, 2024

March 29th, 2024

March 29th, 2024