Oregon Tribe says yes to same sex marriage

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Wednesday 12/24/08

Many Native American tribes historically accepted same-sex relationships. Homosexual and transgender individuals were considered routine and expected.

Many Native American tribes formally recognize these homosexual and trans gendered individuals in the role of the "two-spirit" and these two-spirits were historically recognized in more than 150 different tribes.


In these tribes, the two-spirit was a man or woman who mixed gender roles by wearing clothes of the opposite or both sexes, doing both male and female work, and often engaging in same-sex relations with other members of the tribe. Two-spirit people often were shamans, performing religious and mediating functions for other members of the tribe, because their special status was thought to invest them with exceptional spiritual power, as a result of which they are both feared and respected.

But after a lesbian couple married under a vague Cherokee law that allowed such unions in Oklahoma three years ago, that tribe's council adopted a law banning same-sex marriage. Other tribes across the nation, including the Navajos, the nation's largest tribe soon followed.

Nonetheless, OregonLive.com is reporting that not all tribes have followed this example and last week the Coquilles of Coastal Oregon, after reviewing their tribal history, concluded "same-sex domestic relations were accepted with no exclusions from tribal citizenship, the community, auspices or spiritual activities," and they have probably become the first tribe in the nation to legalize same-sex marriage.

However because the Coquilles have federal status, a marriage within the tribe would be federally recognized and that could violate the Defense of Marriage Act that says the federal government "may not treat same-sex relationships as marriages for any purpose."

Some Coquilles elders are calling the new law “a test of tribal sovereignty” and a matter of traditional tribal religious beliefs.

Of particular issue will be the tribes recognizing the marriage of one of it members, Kitzen Branting, 25, to her lesbian partner, Jeni Branting, 27, who is not a tribal member, and extending Federally recognized tribal benefits to her. Kitzen and Jeni Branting have been in a committed lesbian relationship since high school and entered a legal domestic partnership in Washington last year, now they plan to marry under the tribes new rules this coming spring.

Native Americans are "sensitive to discrimination of any kind," says Coquilles Chief Ken Tanner. "For our tribe, we want people to walk in the shoes of other people and learn to respect differences. Through that, we think we build a stronger community."

The new law stirred "some strong feelings" among a minority of tribal members who opposed it, Tanner said, but only two members of the tribes seven member counsel failed to support the new law. "I think it is going to have a very positive impact on this tribe," Tanner added.

The Branting’s are planning their wedding for May in the tribal plankhouse. Chief Tanner has agreed to officiate.

Posted by Paula Brooks at 7:09 AM