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“As of 2015 only a dozen of the then 567 federally recognized tribal nations recognize same-sex marriage...Other tribes, however, have explicitly restricted same-sex marriage (all following the passage of DOMA), including the Navajo Nation, Cherokee Nation, Muscogee Nation, Chickasaw Nation, and Iowa Tribe. Although Congress could pass a statute that affects Indian Country Lindsay Roberson...considers it highly unlikely, given the federal government's relatively hands-off support for tribal governance.

Within the Navajo context, this issue has brought about deep debate about the nature of tradition. Joanne Barker has written about the battles over same-sex marriage in Navajo Nation (as well as Cherokee Nation). She documents how the tribal legislation bans and defense of them affirm the discourses of U.S. nationalism, especially in their Christian and right-wing conservative forms. IN these cases, the tribal nation's exercise of sovereignty and self-determination replicates the relations of domination and dispossession that resemble the U.S. treatment of Native Peoples.”

J. Kēhaulani Kauanui, Paradoxes of Hawaiian Sovereignty: Land, Sex, and the Colonial Politics of State Nationalism
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