Cherokee Nation OKs same-sex marriage

Story highlights

• Brittany Nunley and Kelli King were surprised and pleased with the opinion
• Cherokee Nation law enacted in 2004 has banned same-sex marriage

A ban on same-sex marriage involving members of the Cherokee Nation was overturned by the tribe's attorney general in an opinion issued Friday.

King called her girlfriend, Brittany Nunley, who is Cherokee and shared the good news.

"I think its awesome," Nunley told CNN. "I have been really proud of my Cherokee heritage and to be able to get a marriage license is just awesome."

King, who said the couple met at a church softball game about four and half years ago, said she was excited to hear about the ruling.

"This is just another way we can incorporate her heritage into our lives and are thankful for opportunity," King said.

Attorney General Todd Hembree's opinion specifically says two sections of the 2004 Cherokee Nation Marriage and Family Act are unconstitutional.

He said the tribe's constitution protects certain fundamental rights, among them the right to marry.

"The constitution affords these rights to all Cherokee citizens, regardless of sexual orientation and the Cherokee Nation, or any subdivision, must recognize validly issued civil unions, same-sex marriages, and same-sex domestic partnerships from other jurisdictions," the opinion says.

The US Supreme Court ruled by a 5-4 vote in June 2015 that states cannot ban same-sex marriage.

Nunley said after it became legal in Oklahoma in 2014 and then nationwide through the landmark Supreme Court decision, she wondered whether the Cherokee Nation would also reverse itself.

"I was really excited and really proud to be a Cherokee. Like my nation is doing something for all its people," she said from her home in Locust Grove, about 20 minutes from the tribe's headquarters in Tahlequah.

Marriage is definitely in their future, King said. It's been discussed in the past but they wanted to wait for it to be legal.

"It's probably not too far off now," she said.

Nunley said she's just waiting for someone to pop the question.

The man who was chief in 2004 told the Tulsa World newspaper that he supported Hembree's opinion.

"It was adhering to past Cherokee law," Chad Smith said, explaining why he signed the law 12 years ago. "But our constitution incorporates the provisions of the US Constitution, and the Supreme Court (of the United States) has since made its ruling."

A member of the tribal council disagreed with the decision and told the newspaper that he expected the council would still support the 2004 law.

"We'll have to get together and talk about it," Don Garvin told the newspaper.

The Cherokee Nation website says that with more than 317,000 citizens, it is the largest sovereign tribal nation in the United States.

CNN's Mayra Cuevas contributed to this report.

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X Factor's Matt Terry uses same sex couples for dance routine - is he up to something?

X Factor's Matt Terry made a lot of fans happy by using same sex dance couples this evening.

As he took to the stage to perform his take on Jess Glynne's Take Me Home, men were dancing with one another and so were women.

Those tuning in at home were delighted and quick to take to Twitter afterwards.

One wrote: "Love how they used same sex dancers on X factor."

X Factor's Matt Terry made a lot of fans happy by using same sex dance couples this evening (Photo: Splash)

Another then posted: "Same sex dancing couples. How delightful. #xfactor #mattterry.'

Moments later, a different viewer tweeted: "Big up to the same sex dance couples though #XFactor."

Shortly afterwards, another posted: "Living for these same sex dancers. #XFactor."

However, some viewers were suspicious as to why Matt decided to use same sex couples in his final perfomance.

Matt Terry's dancers on the X Factor (Photo: ITV)

One fan claimed: "NOPE! As if Matt just tried, so blatantly, to get the gay vote with same sex dancers! As if the gays won't all be voting for Saara #XFactor."

This year's X Factor king or queen will be crowned in tomorrow's live final.

Matt Terry's dancers on the X Factor (Photo: ITV)

Matt faces tough competition from Saara Alto and 5AM and one of the three remaining acts will be leaving the competition tonight.

*X factor returns to ITV tomorrow at 8pm

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