Tribal judge freezes action in case of lesbian couple

TAHLEQUAH, Okla. (AP) _ A tribal court judge has frozen any action in the case of two women who obtained a marriage certificate from the Cherokee Nation. <br/><br/>Tribal District Judge John Cripps issued

Saturday, June 12th 2004, 10:41 am

By: News On 6

TAHLEQUAH, Okla. (AP) _ A tribal court judge has frozen any action in the case of two women who obtained a marriage certificate from the Cherokee Nation.

Tribal District Judge John Cripps issued a temporary injunction after reviewing a complaint alleging the certificate is invalid because the lesbian couple who received it don't qualify for marriage under Cherokee Nation law.

Todd Hembree, a Cherokee citizen and tribal council attorney, filed the complaint in tribal court on Friday.

A hearing is set for June 18.

When Owasso residents Kathy Reynolds and Dawn McKinley originally applied for the certificate May 13, they received one without protest.

Under tribal procedures, a marriage isn't validated until the certificate is returned and filed at the tribal courthouse. The women weren't allowed to file their certificate after they were wedded in a ceremony.

The tribe issued a moratorium that day, halting the distribution of tribal marriage licenses for any tribal citizens. The moratorium was scheduled to expire on Monday but the injunction extends the freeze until the court decides the issue.

Cherokee sovereignty allows the tribe to issue marriage certificates, which have the same legal effect as a state-issued marriage license.

At issue will be whether tribal law allows same-sex marriages.