Woman pleads for tribe to recognize gay marriage

The Supreme Court in the summer ruled no state could keep same-sex couples from marrying -- but there are still some places in the United States that can ignore that decision.

Thanks to laws protecting their sovereignty, Native American tribes may still define marriage as between a man and a woman.

At least one woman is fighting to change that from within.

This week, Cleo Pablo of Arizona's Ak-Chin Indian Community filed a lawsuit --posted online by The Arizona Republic -- to force her tribe to recognize her May marriage to her longtime partner, Tara Roy-Pablo.

"They all knew me when I was little," Pablo told NBC affiliate KSNV. "They all basically raised me. So, I'm not really sure why, but here we are."

Her marriage is void under tribal law -- and Pablo, a probation officer for the community, says she was denied employee benefits covering her wife and her two children, according to her lawsuit. She also says she and her family had to move off their reservation for fear she could be arrested for violating tribal housing policy by living with her wife.

"I felt like I was given no choice. I couldn't marry the person who makes me happy and live in the place that makes me happy," she told The Arizona Republic. "I had to choose between love and my home. I had to move."

In a June 23 letter to tribal leaders, Pablo's lawyer outlined her concerns and asked the tribal council to change its policies. The letter also asked each council member pay $45,280 in monetary relief to cover the "tremendous financial repercussions" its gay-marriage stance has had on Pablo.

"Like many other members waiting in the dark for tribal council to act, she simply wants basic human rights to be recognized," the letter reads.

The lawsuit alleges the tribal council ignored the recommendations of its Law & Order Code committee to recognize same-sex marriages because of the "personal beliefs of some of the members of the council."

Like the earlier letter, the suit calls for the tribal laws to be changed to recognize same-sex marriage and for damages to be awarded "in an amount to be determined."

The tribe declined to comment on the litigation, offering instead general statements to the media.

"The overarching issue presently facing the Community is really the issue concerning a tribe's right of sovereignty, its right of self-governance, and the inherent right of tribes to regulate domestic relations within their reserved lands," the tribe said in a statement provided to KSNV. "We believe that this is a matter for the Community to decide, not the Supreme Court."

A Section on 11/28/2015

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