Cherokee Nation Will Now Recognize Same-Sex Marriage

The Cherokee Nation will now recognize same-sex marriage, according to an opinion issued Friday by the tribe’s attorney general.

Todd Hembree, the tribe’s attorney general, wrote in his opinion:

The right to marry without the freedom to marry the person of one’s choice is no right at all. The history of perpetual partnerships and marriage among Cherokees supports the conclusion that Cherokee citizens have a fundamental right not only to choose a spouse but also, with mutual consent, to join together and form a household irrespective of sexual orientation.

The decision followed a request made by the tribe’s tax commissioner for an official opinion on the issue a few weeks ago.

“We were increasingly being contacted by departments in the Cherokee Nation on how to handle certain issues with same-sex marriage,” Chrissi Nimmo, assistant attorney general of the Cherokee Nation, told The Huffington Post on Friday.

Native American nations are governed by Congress, not the federal courts. So the 2015 Supreme Court decision to recognize gay marriage in all 50 states did not legally affect the Cherokee Nation, but Nimmo said the bulk of Friday’s decision was indeed informed by it.

Hembree’s decision was also influenced by historical Cherokee Nation sexuality narratives. He wrote in Friday’s decision:

Our oral history teaches us also that the Cherokee and Euro-American worldviews differed dramatically regarding appropriate gender roles, marriage, sexuality, and spiritual beliefs. Indeed, while the majority of Cherokees subscribed to the traditional gender roles, evidence suggests a tradition of homosexuality or alternative sexuality among a minority of Cherokees.

“It think it’s a really interesting part of the decision,” Nimmo told HuffPost. “Through historical research, we were able to identify research sources that indicate there was some type of historical recognition of homosexuality.”

Hembree’s opinion nullifies a law the tribe passed 12 years ago called the Cherokee Nation and Family Protection Act, which banned same-sex marriage among tribe members. 

Though same-sex marriage is still illegal in some Native American tribes, like the Navajo Nation, Nimmo believes most tribes don’t take a stance on it either way. 

“I think you will see a mixed reaction [to Friday’s decision] like you do in the American public at large,” Nimmo told HuffPost. “Without a doubt, there will be tribal members and officials who support this and are proud of this, and there will be others ... who don’t like it.”

The Cherokee Nation’s legal recognition of same-sex marriage will take effect immediately. Nimmo said Hembree’s decision is “binding and considered legally valid,” though it can be challenged by other Cherokee officials at any time.

“I don’t really know who would challenge it,” Nimmo added.

Supporters of the decision shared their excitement on social media:

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Four Oakland police officers fired in wake of sex scandal

Story highlights

• Four officers fired, seven suspended for involvement in sex scandal
• Probe began after suicide of officer accused of having sex with underage prostitute

An additional seven officers were suspended without pay, and another is receiving counseling, according to CNN affiliate KRON4.

The four Oakland Police Department officers who were terminated also face charges of attempted sexual assault, lewd conduct in public, assisting in the crime of prostitution, being untruthful to investigators, and failing to report a violation of law for not disclosing that a minor had sexual contact with police.

The seven suspended officers are accused of accessing a law enforcement database for personal gain, failing to report a violation of the law, and bringing disrepute to the department.

Schaaf said at the press conference that the firings and suspensions send "a loud and clear message that we hold our officers to nothing but the highest standards of professionalism and integrity."

Sex, suicide and failure to report: How Oakland police scandal unfolded

Disturbing allegations

The punishments bring some resolution to the scandal that began last fall with the suicide of OPD officer Brendan O'Brien. Officials say an investigation into his death uncovered disturbing allegations.

An 18-year-old former prostitute alleged she had sex with O'Brien, as well as with a number of other officers from the department and officers from nearby jurisdictions.

The young woman, who goes by the pseudonym Celeste Guap, said it all started when she was 17 years old and became romantically involved with O'Brien, who she credits with saving her from a dangerous pimp.

"He saved me when I was 17," Guap told CNN in a phone conversation. "Instead of taking me to jail, we just kind of started something there, you know."

O'Brian, she said, later introduced her to other officers who became customers.

As the investigation widened, other officers became embroiled in the scandal. Ultimately, four police chiefs resigned and 28 officers across five departments were alleged to have had sexual contact with Guap.

Officers reassigned over Bay Area police sex scandal

Multiple relationships

Some of the officers paid to have sex, Guap said. Others exchanged confidential information, such as tipping her off about prostitution stings, for sexual favors.

Of the 28 officers, Guap said 14 were from the Oakland Police Department. The others included five Richmond police officers, several Alameda County Sherriff's deputies, a Livermore police officer and a Contra Costa County Sheriff's deputy.

The Oakland Police Department is no stranger to scandal. Since 2003 a federal monitor has been in place to ensure the department complies with a negotiated settlement agreement stemming from a police corruption scandal.

Officers had been accused of planting evidence and assaulting suspects. No accused officers were ever convicted, but one officer fled prosecution and to this day remains at large. The city paid out more than $10 million to more than 100 plaintiffs and agreed to make reforms, eventually ending up under federal monitoring.

Wednesday's announcements were "about making department-wide changes," Schaaf said.

"We see you, we are here for you, we are here to help you," she added, addressing victims of sexual abuse in the city.

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