Mohawk plaintiffs fight ‘marry-out’ rule
Mixed-race couples challenge policy restricting residency in Quebec First Nation
MONTREAL— Christopher Fragnito grew up in Chateauguay, Que. — just outside the Kahnawake Mohawk territory his mother used to call home.
Immediately following her marriage to an Italian man about 40 years ago, he said, it was made clear mixed-race couples were not welcome on the reserve, located across the St. Lawrence River from Montreal.
“She wasn’t forced to leave, but it was clear she was supposed to leave,” said Fragnito, 45.
Now, he and his mother, Brenda Dearhouse-Fragnito, are two of the 16 plaintiffs challenging a membership policy that prevents non-Indigenous people from living in Kahnawake.
The case, which opened in Quebec Superior Court this week, concerns a rule commonly referred to as “marry out, move out,” which states that anyone who marries a non-Indigenous person must leave the territory.
Fragnito and the other plaintiffs argue the rules are discriminatory and have created a hostile atmosphere that makes it difficult to live in the community. They’re seeking a declaration that community members can live on the reserve with their spouses. They are also asking for financial compensation.
The proceedings were originally scheduled to last until Dec. 13, although Julius Grey, a lawyer representing the plaintiffs, said they may finish by the end of next week.
A spokesperson for the Mohawk Council of Kahnawake denies claims the atmosphere is hostile.
“It’s a very calm place,” Joe Delaronde said. “This is not flaring up every day — but there is a law.”
He said the rules were adopted officially in1984, although a moratorium on mixed marriages existed before that. He added that although people have been sent notices asking them to leave, nobody has been forcibly removed and the council has always urged residents to express their concerns respectfully.
“In this very little land we have, we’re surrounded by every kind of Canadian, American, Quebec culture and it can be overwhelming,” he said. “We’ve almost lost our language, we’ve lost a lot of the ceremonies that are now coming back, and this is part of the community’s effort to maintain identity.”