Same-sex marriage in tribal nations in the United States

[29] Though Oklahoma's same-sex marriage ban was overturned on January 14, 2014, in a ruling by U.S. District Judge Terence Kern, the petition before the JAT remained unanswered.

[65] Previously, Title 4 of the Ho-Chunk Nation Code (HCC), enacted on October 19, 2004, provided at section 10.3 that marriage is a civil contract requiring consent to create a legal status of husband and wife.

[80] In June 2010, the Mashantucket Pequot Tribal Nation approved an anti-discrimination ordinance which prohibits discrimination based on sexual orientation and gender identity.

Chapter 3 of the Law and Order Code of the Oglala Sioux Tribe provides at section 28 that marriage is a consensual personal relationship arising out of a civil contract, which has been solemnized.

[87] On July 8, 2019, the Oglala Sioux Tribal Council passed a same-sex marriage ordinance in a 12–3 vote with one abstention, which amended the marital and domestic law on the Pine Ridge Indian Reservation that hadn't been changed since 1935.

[88] The Tribal Code of the Oneida Tribe of Indians of Wisconsin was revised in May 2015, replacing the phrase "husband and wife" with "spouses", explicitly recognizing same-sex marriage.

[95][better source needed] Title 5, Chapter 2 of the Constitution of the Pascua Yaqui Tribe provides that marriages which are valid at the place where contracted are recognized.

[60] The Pokagon Band of Potawatomi Indians, in southwestern Michigan and northeastern Indiana, announced on March 9, 2013, that a law recognizing same-sex marriages would enter into force on May 8, 2013.

[101][better source needed] Previously, Title IV of the Law and Order Code provided that persons may be married who are 18 (or at 16 with parental consent), when at least one of them is a resident tribal member.

[104] The Minnesota-based Prairie Island Indian Community, which forms a part of the Mdewakanton Dakota, legalized same-sex marriage on March 22, 2017, by changing its Domestic Relations Code.

[116] Previously, Chapter 61 of the Stockbridge-Munsee Community Tribal Ordinances provided at section 61.2 a definition that marriage is a consensual civil contract which creates the legal status of husband and wife.

[120] The Turtle Mountain Band of Chippewa in North Dakota legalized same-sex marriage on August 6, 2020 by changing the wording of the respective section of the tribal code from "husband and wife" to "spouse".

[121] Previously, the Tribal Code (Title 9 – Domestic Relations) at section 9.0701 defined marriage as a contract between a man and woman which has been licensed, solemnized, and registered.

An exception to this pattern of blanket external recognition was the Bay Mills Indian Community, which, before July 8, 2019, only accepted marriages between a man and a woman from other jurisdictions.

[129] The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation in Montana specifies at Chapter 2 of Title 10 of its Family Code that marriages are limited to those of specific degrees of consanguinity.

Section VI states that "any member of the Cheyenne River Sioux Tribe eligible by age and otherwise as hereinafter defined may obtain marriage licenses from the Agency Office".

"[137][138] Title VIII ("Domestic Relations") of the Coushatta Tribe of Louisiana Judicial Codes provides that marriages must conform to tribal custom, that parties must consent and a ceremony must be performed by an authorized representative in front of witnesses.

[160] The San Ildefonso Pueblo Code provides at section 23.1 that all marriages consummated according to State Law or Tribal custom or tradition are valid.

"[163] The Tribal Code of the Santee Sioux Nation (Title III – Domestic Relations, Chapter 3 – Marriages) provides that a man and a woman can obtain a license on the Santee Sioux Nation Reservation as long as one party is a tribal member, the marriage is performed within the reservation, both parties are at least 18 years old, and all licensing requirements are met.

[186] The Sisseton Wahpeton Oyate Code of Law (Chapter 34 – Domestic Relations) at section 34.4.01 defines marriage as a personal consensual relationship arising out of a civil contract which has been solemnized.

[191] The Cabazon Band of Mission Indians operates the Fantasy Springs Resort Casino in Indio and offers employment benefits for domestic partners.

"[193] The tribe's Code of Conduct, Core Values and Ethical Standards at section 18 prohibits harassment or discrimination on the basis of an individual's sex, marital status or sexual orientation, among other listed items.

[192] The Morongo Band of Mission Indians, which runs a tribal casino and hotel in Cabazon in California provides to all employees and their legal spouses, whether same-sex or opposite-sex, health, retirement and other benefits.

[196] The Rincon Band of Luiseño Indians in California started an ad campaign in November 2008 offering same-sex wedding packages in the nation-owned casino.

The Domestic Code of the Hoopa Valley Tribe in section 14A.2.10 states that two consenting persons over the age of 18 may marry if they have lived within reservation boundaries for 90 days.

[204] The Spirit Lake Tribe Law and Order Code, as amended by Resolution A05-04-159 adopted on July 28, 2004, states at section 9-1-101 that marriages consummated by tribal custom are valid and legal.

[205] Title V of the Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation provides that persons 14 and above with parental consent, of whom one of the parties is a tribal member, who are free of venereal disease may marry.

Section 5-1-6 defines void and voidable marriages as those obtained by force or fraud, when a party was already legally married or when a prohibited degree of consanguinity existed.

"[212] In the Code of Laws of the Lummi Nation of Washington, Title 11 (amended on April 7, 2008) provides under section 11.01.010 "Who May Marry" that "marriage is a civil contract which may be entered into by persons of the opposite sex."

[227] Section 4-5-1(o) of the Code, as updated to 22 January 2019, defines marriage as "the civil status, condition or relation of a man and woman considered united in law as husband and wife."