Native American

Last June, we saw the fate of same-sex couples change forever when the Supreme Court ruled that same-sex marriage is legal in all 50 states. This ruling was huge for all gay couples but especially for those who lived in states that did not yet recognize same-sex marriage. Since then, laws have been rewritten giving same-sex couples the same benefits that heterosexual couples have had for years. However, there are some places in the United States where same-sex marriage is still illegal. One woman who is fighting hard to have these laws changed.

Native American Law

Native Americans have laws protecting their authority, meaning that they don’t always have to adhere to all of the United States’ laws. While there are obviously exceptions to this, such as murder and other violent crimes, this means that there are some tribes that do not consider same-sex marriage to be valid.

Cleo Pablo

Cleo Pablo married her female partner, Tara Roy-Pablo, after Arizona legalized same-sex marriage. The two had been together for a long time, so this was one of the happiest days of their lives. However, they have hit a major bump in the road. The Ak-Chin Indian community will not recognize the marriage. In fact, the tribe has said that the marriage is void under its law. Because of this, Pablo has not gotten the same benefits as members of heterosexual couples. She applied for employee benefits to cover her new wife and her two children, but they were denied. In addition to this, she had to move off the reservation because she was concerned she and her wife would be arrested for living together, because it is also tribal law that couples who are unmarried cannot reside in the same household.

Fighting Back

Instead of sitting back and letting the tribe take away her freedoms, she is suing it for her right to live in the community and be accepted the way she is. There are a few reasons why she is suing:

• She wants to be included in her tribe.
• She wants the benefits for her wife and children that she would get if she were in a heterosexual marriage.
• She wants the tribe to recognize the marriage.
• Perhaps most importantly, she wants to be able to live with her wife and children within the tribe in peace.

Other Tribes

There are 567 tribes recognized by the government. Each has sovereignty, and the Constitution does not apply to them. This does not mean they cannot use the Constitution to help govern, however, most tribes want to have their own laws and have the ability to govern themselves. There are only a few tribes that have specific laws banning gay marriage. Some tribes allow it. There are also some who are somewhere in between. They refer to the state’s laws when it comes to marriage, or they have laws on gender neutrality. This can be difficult and confusing for same-sex couples, especially those who reside in a state where same-sex marriage was illegal before the Supreme Court’s decision.

Indian Community’s Response

While the Ak-Chin Indian community has not addressed the case publicly, it has made it clear that it feels this is something it should decide for itself. The tribe does not want the United States government to get involved. However, it likely won’t have a choice. While the government has needed to get involved in many cases regarding the rights of same-sex couples, this case is a bit different. Since the Constitution does not apply to tribes, Supreme Court rulings don’t necessarily have any weight. It will be interesting to see if the community decides to accept Pablo and her family or if it will come down to a court decision.