Tribal nuptial law gives pair loophole

CONCHO, Okla. - Since word about their forthcoming nuptials spread, Jason Pickel and Darren Black Bear have been thrust into the spotlight over one of the most hot-button issues in the state. Gay marriage is banned in Oklahoma, but the men will marry legally under American Indian tribal jurisdiction.

Black Bear is a member of the Cheyenne and Arapaho Tribes, based in rural Concho. The joint tribe does not specify gender in its laws regarding marriage, referring to those involved only as “Indians.” Because the tribe is a federally recognized sovereign nation, the state’s ban does not apply.

Black Bear, 45, and Pickel, 36, had originally planned to travel to Iowa this fall to get married.

Pickel decided to call the tribe about a marriage license, even though he expected to be turned down.

A clerk told them all they needed was $20 and a few forms of identification. They got their license in Concho on Oct. 18, said Pickel, who will change his last name to Black Bear.

On Friday, about three dozen tribal members attended a hastily called meeting in the Cheyenne and Arapaho Tribal Administration Center.

Ida Hoffman, the tribe’s chief of staff, called the meeting to make a personal statement against the marriages.

The tribe should get the chance to vote on the issue, Hoffman said, adding, “My plan is to make sure it is prohibited in the future.”

Front Section, Pages 4 on 10/28/2013

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