Tribe ordered to recognize gay marriage

PHOENIX — A tribal court has cleared the way for gay couples to marry on an American Indian reservation in the Phoenix area after a two-year legal battle that could have repercussions for Native Americans elsewhere.

The court ruled that same-sex couples have a fundamental right to marry under the constitution of the Ak-chin community and the Indian Civil Rights Act of 1968.

“This decision made it clear that the tribal law was unconstitutional under tribal law” and not just U.S. federal law, said attorney Sonia Martinez. “I have no idea if other tribes are going to do the same thing, but I think it at least opens the door.”

Ak-chin Indian Community Chairman Robert Miguel said he would not appeal the ruling.

Cleo Pablo, who grew up on the Ak-chin Reservation south of the Valley, filed the lawsuit.

She and her longtime partner, Tara Roy-pablo, married shortly after the U.S. Supreme Court extended the right to marry to same-sex couples nationwide. While their marriage was recognized in Arizona, the certificate was meaningless on the reservation.

Pablo said she never set out to be an activist but just to get the same rights as any other married couple.

“You’re taught growing up that you have to stand up for what’s right,” she said. “I actually did it.”

The tribe is now in the process of reworking its laws and policies on marriage to comply with the ruling, Miguel said.