"The right to marry without the freedom to marry the person of one’s choice is no right at all."
Quote:
The Cherokee Nation will begin recognizing same-sex marriages, according to the tribe’s attorney general, Todd Hembree. The announcement overturns a 2004 tribal ruling specifically defining marriage as between one man and one woman.
In his written opinion, Hembree claimed that while the tribe is not beholden to Obergefell v. Hodges, he agreed with the Supreme Court’s ruling in that case, that marriage should be available to all, regardless of sexual orientation.
“The right to marry without the freedom to marry the person of one’s choice is no right at all… Cherokee citizens have a fundamental right not only to choose a spouse but also, with mutual consent, to join together and form a household irrespective of sexual orientation.”
Hembree, a lawyer before he became attorney general, had actually defended the Cherokee’s marriage ban in tribal court before.
“A lot of time has passed,” since the 2004 law, assistant attorney general Chrissi Nimmo told the Tulsa World. “And a lot of social changes have happened.”
The decision came after questions arose whether same-sex marriages performed by state officials in Oklahoma should be recognized for tax purposes. Previously, Cherokee courts had avoided the issue.
When will they?
At least they will be unaffected when DOMA gets reinstated.