When the Supreme Court ruled that same-sex marriage was legal, couples across the nation rejoiced that they were suddenly able to marry freely. However, some soon discovered that the ruling did not extend to tribal lands due to their status as sovereign nations. Since tribes are not bound by the Constitution, they remain free to regulate same-sex marriage as they like with many opting to keep bans in place. As a result, any change must come from within the tribe leading to intense lobbying of the leadership of various tribes to lift bans that are in place. Only time will tell if shifts in popular opinion will lead to reform within the tribal communities that do not accept universal marriage.
See Felicia Fonseca, GAY MARRIAGE IS LEGAL BUT NOT ON TRIBAL LANDS, Associated Press, November 27, 2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
