Photo by: Henoc Kivuye
In the state of Oklahoma same-sex marriage is banned, yet Darren Black Bear and his male partner Jason Pickel are a legally married couple under tribal law.
Due to tribal sovereignty, an inherent authority given to native tribes within the United States, the Cheyenne Arapaho tribe along with at least six other tribes can legally marry any members of its tribe.
“We didn’t think we were doing something super historic or brave,” Pickel said in an interview with Reuters.com. “We just wanted to get married. Now it’s turned into such a big deal.”
In fact, this marriage is well known only because of its timing. It happens to correspond with a major Supreme Court of the United States decision declaring same-sex marriage constitutional. The public relations officer from the Cheyenne and Arapaho tribes revealed that “This is the third same-sex couple to be issued a marriage license,” in an email with “Al Jazeera America.”
Many indigenous tribes seemingly subvert state law and practice illegal or illicit activities by utilizing the sovereignty concept. This is seen consistently in Native American gaming laws – which allow for casinos on tribal land – tobacco products and synthetic marijuana that have been sold on tribal land.
These smaller sovereign legal codes are looked at not as subversive; they must simply be looked at as if they exist in a different state.
“It’s kind of a mislabel to say that tribal law is ‘subverting’ state law because that implies that state law is inherently better or superior than tribal,” junior Jasper Bowen said. “I would just say that it’s a different set of governing principles meant to apply to a smaller group of people.”
These laws or the possibility of these legal codes have existed since the creation of tribal land.
“Normally I would say that this is wrong, that everyone should be treated equally,” Bowen said. “But given the history of Native Americans and the way they have tended to be oppressed or at least pushed to the fringes of society, allowing them to have their own tribal laws that work apart from the state seems to be a step in the right direction.”
Now that SCOTUS has spoken on the issue, it can be assumed that all state laws banning same-sex marriage will eventually be abolished. There is little chance that the state of Oklahoma will fight the power of sovereign tribal laws on this issue.
“I don’t think there should be a line drawn,” senior Stanton Yeakley said. “If there is already a differentiation between tribal law and state law, and if in these cases like this tribal law supersedes state law, then that is fine. If anyone was to take issue with it, it seems like they would have to take issue with the fact that there exists communities like the Cheyenne Arapaho tribe within the state that are not required to abide by certain state regulations.”
This couple will receive all federal benefits due to married couples, but at this time will not be able to receive any state benefits. The couple does not appear eager to pursue changing state law, they are simply happy to be married.
This marriage does not raise any new legal issues, but if pressed the eventual case could create a new precedent for both same-sex marriage and tribal sovereignty.
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