1.12 Confederated Tribes of the Grand Ronde Community of Oregon.1.11 Confederated Tribes of the Colville Reservation.1.10 Confederated Tribes of Siletz Indians.1.9 Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians.1.5 Central Council of the Tlingit and Haida Indian Tribes of Alaska.1 Nations that explicitly provide legal recognition.Marriages performed on these reservations were first recognized by the Federal Government in 2013 after section 3 of the Defense of Marriage Act (DOMA) was declared unconstitutional in United States v. Same-sex marriage is possible on at least forty-five reservations with their own marriage laws, beginning with the Coquille Indian Tribe (Oregon) in 2009. Many Native American belief systems include the two-spirit descriptor for gender variant individuals and accept two-spirited individuals as valid members of their communities, though such traditional values are seldom reflected explicitly in the legal code. Of those that do have their own legislation, most have no special regulation for marriages between people of the same sex or gender, and most accept as valid marriages performed in other jurisdictions. In such cases, same-sex marriage is legal under federal law. A few do not have their own courts, relying instead on CFR courts under the Bureau of Indian Affairs. Most federally recognized tribal nations have their own courts and legal codes but do not have separate marriage laws or licensing, relying instead on state law. At least twelve reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions these reservations, alongside American Samoa, remain the only parts of the United States to enforce explicit bans on same-sex couples marrying. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. In the United States, Congress (not the federal courts) has legal authority over tribal reservations.
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Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. The Supreme Court decision in Obergefell v.
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Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed. Performed in the Netherlands proper, including the Caribbean Netherlands.Performed statewide in 25 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.