[NYTr] Cherokee High Court Dismisses Same-Sex Marriage Suit
 
Date: Sat, 7 Jan 2006 01:19:47 -0600 (CST)

365Gay.com - Jan 4, 2006
http://365gay.com/Newscon06/01/010406cherokee.htm

Cherokee High Court Dismisses Same-Sex Marriage Suit 

by 365Gay.com Newscenter Staff

(Tahlequah, Oklahoma) The Judicial Appeals Tribunal of the Cherokee Nation,
the highest Cherokee court, has rejected an attempt by several tribal
council members to invalidate the marriage of a Cherokee lesbian couple.

The Court held that the council members, who are the legislative branch of
the Cherokee Nation, had no standing to seek a court order invalidating the
marriage of Kathy Reynolds and Dawn McKinley because the council members
could not show that they were individually harmed or affected by the
marriage.

The Court rejected the council members' argument that permitting the
marriage to stand would injure "the reputation" of the Cherokee Nation.

"We are relieved by the Court's ruling," Reynolds said on Wednesday.  "Dawn
and I are private people, and we simply wish to live our lives in peace and
quiet, just as other married couples are permitted to do."

This is the second time the Court has rejected a challenge to the couple's
marriage.  In May 2004, Reynolds and McKinley applied for and were issued a
marriage certificate and the couple wed shortly after that. Todd Hembree,
who serves as counsel to the tribe's legislative body and opposes same-sex
marriage, went to court arguing the Cherokee Nation had no right to
recognize the marriage.

Last September the court ruled that Hembree had no standing to sue and could
not show that he suffered any harm by the couple's attempt to be recognized
as a married couple.

In August, a group of elected tribal councilors filed a new court challenge.

Represented by the National Center for Lesbian Rights, the couple sought to
have the challenge dismissed.

"We are pleased that that Court protected the fundamental principles of the
Cherokee legal system, which prevents government officials from dragging
private citizens into court unless the officials have a direct personal
stake in the lawsuit," said NCLR staff attorney Lena Ayoub, who represented
the couple.
       
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