Bill aims to uphold marriage equality

WINDOW ROCK

A proposed bill introduced on Wednesday by Delegate Eugene Tso would repeal a section of the Diné Marriage Act of 2005 to “acknowledge and recognize” marriage equality among “all people” and repeal the existing prohibition on same-sex marriage.

Tso said the role of the Navajo government is to secure fundamental rights for all Diné.

“As a lawmaker, this historic legislation was introduced to recognize that we are all equal and we support our LGBTQ+ family members by repealing outdated discriminatory laws,” he said.

The bill (No. 0054-21) also includes proposed amendments to related sections of the Navajo Nation Code that would need to be updated to conform with the repeal.

For example, it would amend the common-law marriage criteria and the Navajo Nation Marriage License Form to be gender neutral and change appearances of “husband and wife” to “spouses.”

“You will always have me as a champion for our LGBTQ+ family members whose human rights must be protected under Navajo law,” said co-sponsor Charlaine Tso. “This legislation is long overdue… Everyone is entitled to choose how they live and make their commitment to their soulmate.”

While the legislation would repeal the ban against same-sex marriage, the method for a traditional Navajo wedding ceremony involving a man and a woman will remain unchanged.

“Traditional Navajo society places a great importance upon the institution of marriage and believes that the elaborate ritual of marrying using the traditional method if believed to be blessed by the “Holy People,” the bill says.

The legislation proposes that keeping the traditional Navajo wedding the same will not prohibit nor deny same-sex marriage because there are other methods for marrying.

Co-sponsor Eugenia Charles-Newton said marriage equality for the Navajo people must be recognized now.

“How can we protect all our relatives when our mother government doesn’t recognize the rights of certain people?” she asked. “Our laws need to be updated, which includes amending an outdated law that directly discriminates against our LGBTQ+ community …

“Going back to our fundamental teachings,” she said, “we are taught about the importance of kinship, as it involves love, compassion, acceptance, and respect for all living beings.”

The bill states that it is in line with the Supreme Court of the United States ruling that “the right to marry is a fundamental right inherent in the liberty of the person and couples of the same sex may not be deprived of that right and that liberty.”

The bill further recognizers that Navajo society accepted “multi-gendered” individuals who played important roles in history prior to European arrival, along with religious influences that viewed homosexuality as “an intolerable sin.”

As a result, acceptance of lesbian, gay, bisexual, transgender, questioning/queer, two-spirit, LGBTQ+ declined within tribal nations.

“Throughout our oral stories and Navajo history, our people have always valued the contributions of the LGBTQ+ community,” said Eugene Tso.

“Marriage equality will bring Hozhó and restore K’é among families,” he said. “Every committed couple should enjoy the legal benefits and obligations marriage provides should they choose to.”

Also, through resolution, the Navajo Nation supported the U.S. Equality Act, which amends the Civil Rights Act of 1964 to expand and clarify the protections and remedies against discrimination on the basis of sexual orientation and gender.

“My hope is that passing this bill will send an inclusive message across Indian Country that the Navajo Nation is on the right side of history and we fully accept and love our lesbian, gay, bisexual, and transgender relatives,” said Eugene Tso.

“We must provide equal protection under the Navajo law for all people,” said Charles-Newton. “Now is the time we speak out against discrimination and accept that we have lesbian, gay, bisexual, and transgender relatives in our families and in our communities. They are our sons, daughters, our brothers and sisters, and our relatives.”

President Jonathan Nez told the Navajo Times on Wednesday that the Diné Marriage Act is an issue that deeply impacts many Diné families.

“It’s a conversation that should be inclusive of all of our Navajo people,” Nez said, “and a decision left to the people, especially our elders, not just the 24 delegates.”

Nez added that he sponsored the legislation as a delegate to put forth a referendum to recognize that the Diné are the governing body of the Navajo Nation.

The bill has been introduced for the five-day comment period and can be viewed at http://dibb.nnols.org/publicreporting.aspx

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