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One Statute for Two Spirits: Same-Sex Marriage in Indian Country

Jurist Legal News
Elizabeth Kronk
Tuesday, April 16, 2013

Elizabeth Kronk authored a guest column for the University of Pittsburgh School of Law's news website, evaluating the recent approval of a measure to permit same-sex marriages in the Little Traverse Bay Bands of Odawa Indians. Kronk wrote:

"In short, LTBB clearly had the authority to enact the Waganakising Odawak Statute 2013-003, allowing for same-sex marriage. Enactment of this statute is consistent with tribal sovereignty, Indian law and, apparently, tribal customs and traditions. In this regard, LTBB becomes one of an increasing number of tribal nations and states recognizing same-sex marriages and unions. Despite the tribe's sovereignty, however, Michigan is currently not required to recognize same-sex marriages performed in accordance with LTBB law."

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