Cherokee Court Weighs Same-Sex Marriage

By KELLY KURT, Associated Press Writer Tue Aug 2,  (Comments in RED are Mine)

http://news.yahoo.com/s/ap/20050803/ap_on_re_us/gay_marriage_cherokees

TAHLEQUAH, Okla. - The debate over same-sex marriage shifted Tuesday to a Cherokee Nation courthouse, where justices heard arguments in the case of a lesbian couple who want the tribe to recognize their union.  Dawn McKinley, 33, and Kathy Reynolds, 28, 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. "It doesn't affect him," McKinley said on the courthouse steps after the justices heard arguments Tuesday. "No more than his marriage affects us," Reynolds added.

It's not clear when the Judicial Appeals Tribunal will rule; Hembree said the tribunal typically takes about 10 days to issue decisions. Because of tribal sovereignty, Cherokee Nation marriage certificates are recognized just like Oklahoma marriage licenses. The Owasso couple, both members of the tribe, exchanged vows in Cherokee in May 2004 after the tribe gave them the certificate without protest. But Hembree's lawsuit brought the injunction that kept it from being filed.

Hembree, counsel to the tribe's legislative body, believes that tribal law at the time clearly prohibited same-sex marriage. "My interest in this case is to make sure our laws are followed," he said, adding that he has no personal opposition to the couple's marriage. 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.

The Cherokee Nation is not the only American Indian tribe to take up the issue. In June, the Navajo Nation's tribal government voted to override its president's veto of a measure banning same-sex marriage on the nation's largest American Indian reservation.

 Comments – Mine

It seems that homosexuality & sexual perversion in general has permeated to all sections of American society. I will be very much surprised if the Muslim community is also not touched by this curse. We already have a lesbian acting a spokesperson for Islam & a woman having a child out of wedlock in the forefront in the promotion of women leading mixed gender prayer.

Starting with the American Muslims it may very well permeate to other Muslim societies in other countries. As the saying goes “America leads, others follow” is the trendy thing.

AB

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"For to us will be their return; then it will be for us to call them to account." (Holy Quran 88:25-26)

 

Copyright © 2005 by AB

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