By Heide Brandes
OKLAHOMA CITY, Oct 22 (Reuters) – Two men of Native American
descent in Oklahoma said on Tuesday they plan to take advantage
of tribal law to marry, although gay marriages are illegal in
the state.
Darren Black Bear and Jason Pickel of Oklahoma City intend
to marry on Oct. 31 after they were granted a marriage license
last week through the Cheyenne and Arapahoe Tribal Court, which
does not specify gender in its law and is not subject to state
law.
“People keep saying we found a loophole to get married in
Oklahoma. But we’re not getting married in Oklahoma,” said
Pickel. “We’re getting married in the sovereign nation of the
Cheyenne Arapahoe Tribe.”
In 2004, three-quarters of Oklahoma voters supported an
amendment to the state constitution defining marriage as a union
between a man and a woman.
Gay marriage is legal in 14 U.S. states, most recently New
Jersey, along with the District of Columbia.
“We hope one day a gay couple can walk into any old
courthouse and get married,” Pickel said.
When Pickel and Black Bear first asked the tribal courts for
a marriage license in 2009, they were denied due to the federal
Defense of Marriage Act which limited the definition of marriage
as between a man and a woman.
In June, the U.S. Supreme Court delivered a landmark victory
for gay rights by forcing the federal government to recognize
same-sex marriages in states where it is legal.
The ruling, which has led to challenges in federal and state
courts to laws that restrict gay marriage, prompted Pickel and
Black Bear to reconsider their options.
The couple has been together for eight years.
Cheyenne and Arapahoe Tribes spokeswoman Lisa Liebl said
tribal law requires that both spouses be of Native American
descent and live within the jurisdiction of the tribe in order
to be issued a marriage certificate.
They are the third same-sex couple to be issued a marriage
license by the Cheyenne and Arapaho Tribes, she said.
(Editing by Brendan O’Brien and Ellen Wulfhorst)
