Same-sex marriage is banned on the Navajo Nation, the sprawling reservation that spans Arizona, Utah and New Mexico.
They’ve been together for 12 years. They’ve raised a child together. They wear wedding rings and refer to each other as husbands. Unlike straight married couples, however, they can’t benefit from each other’s insurance, file taxes jointly or build a house together on tribal land.
If the bill clears the committee stage, Nelson said he expects it to go before the full council in mid-October. And if it passes, he added, it could have a ripple effect on Indigenous nations in the US. Jennifer Denetdale, professor and chair of American Studies at the University of New Mexico, said that the Diné Marriage Act was enacted during a moment when broader American society appeared to be concerned about the preservation of the nuclear family. But according to Denetdale, some Navajos were surprised that the council felt such legislation was necessary.
The proposed legislation to repeal the Diné Marriage Act’s ban on same-sex marriage maintains that the traditional Navajo wedding ceremony will remain between a man and a woman. LGBTQ couples will be able to marry on the Navajo Nation through other methods, and the tribal government will also recognize such marriages performed in other jurisdictions.
Nelson said a repeal of the same-sex marriage ban would have a profound impact on him and his partner, as well as other LGBTQ couples on the Navajo Nation. For example, if his partner were to experience a medical emergency, he might not have visitation rights or any authority over decisions regarding his care.
“If things don’t go the way I want them to go, then it’s quite possible that I may have to leave and find a place where I am welcomed and celebrated,” said Charlie Amáyá Scott, a scholar and educator who runs the popular Instagram account Diné Aesthetics.
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