Joplin Globe - Cherokee court mulls same-sex marriage case

Cherokee court mulls same-sex marriage case

The Joplin [MO] Globe
12/2/05
http://www.joplinglobe.com/story.php?story_id=213423&c=87

OKLAHOMA CITY - The case of a lesbian couple fighting to have their union recognized by their tribe was taken under advisement Thursday by three Cherokee Nation justices.

Dawn McKinley and Kathy Reynolds have asked the tribe's highest court to throw out a lawsuit that halted their effort to file their tribe-issued marriage certificate.

They contend that Todd Hembree, the tribe member and attorney who brought the complaint, had no standing to do so because he hasn't been harmed by their attempt to be recognized as a married couple.

Only someone who can demonstrate that they are being personally affected by the couple's marriage, such as a relative or an employer who would need to award spousal benefits, would have standing, Lena Ayoub, the defendants' lawyer, argued Thursday.

"The women seem to be in high spirits," Ayoub said. "They are hoping this challenge will be dismissed so they can get back to living their lives in private."

Hembree, who is also representing nine tribal counselors who are opposed to the marriage, said tribal law clearly prohibits same-sex marriage.

"If we aren't the appropriate people to bring it up then who is?" Hembree asked Thursday. "My clients took an oath to always promote the heritage, culture and language of the Cherokee Nation, and same-sex marriage has never been a part of the Cherokee culture."

Hembree said tribal laws previously used gender-specific terms such as "husband" and "wife" to define marriage. McKinley and Reynolds contend those terms are not gender specific and that in Cherokee, the words used in a marriage ceremony are "cooker" for wife and "companion" for husband.

"They have misinterpreted the statute," he said. "The statute itself says that marriage will be between husband and wife. Both terms have a very distinct, legal meaning and are gender-specific."

Both parties are awaiting a written opinion from the justices on whether the case will be dismissed or will continue. An answer could come as early as next week, Hembree said.