Sunday, October 27, 2013

Same-Sex Marriage Law - the Complications of Recognition

Two Native American men recently wed in Oklahoma, a state with a constitution that bans same-sex marriage. The two men were married under tribal law. According to an article on, "[S]tates have virtually no civil jurisdiction within tribal territories. There are a few exceptions, but domestic relations isn’t one of them." So, the marriage is recognized by the tribe, by the federal government since the Defense of Marriage Act (DOMA) was ruled unconstitutional, and by other states that recognize same-sex marriage. The marriage, however, will not be recognized by the state of Oklahoma.

For up-to-date info on the legal status of same-sex marriage around the United States, check out our research guide. We also have dozens of books on the subject.