Monday, August 08, 2005

Cherokee Court Allows Gay Marriage

This just in...Cherokees more civilized then whites!

"The tribal court that issues marriage certificates provided the women with the required paperwork without objection. However, before the pair had time to take the final step of filing their certificate with the same court after their marriage, a local lawyer stepped in and petitioned the court to reject the filing as a matter of tribal law.

The lower court ruled in favor of the lawyer, Todd Hembree, who appeared to have no standing to intervene in the marriage one way or another. With the help of the NCLR, the women appealed the district court ruling to the Judicial Appeals Tribunal, where arguments were heard earlier this week.

On Wednesday the high court agreed that Hembree lacked standing to pursue the pair, and, according to the Associated Press, Hembree said he would drop his objections. 'That is a decision by the highest court in our land,' he said."

The decision does not validate gay marriage in the Cherokee nation however. The Tribal Council voted last year to uphold marriage as being between a man and a woman, but did so after the marriage certificate in this case was issued. So there is now one legally recognized gay marriage in the Cherokee nation, though for the time being there will be no more. Nonetheless it's a small but welcome step, and perhaps this positive example will lead the Tribal Council to reconsider their decision in the coming years.

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