Boston College Third World Law Journal Volume 30 | Issue 2 Article 1 4-1-2010 Tribal Marriages, Same-Sex Unions, and an Interstate Recognition Conundrum Mark P. Strasser Capital University Law School,
[email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/twlj Part of the Family Law Commons, and the Indian and Aboriginal Law Commons Recommended Citation Mark P. Strasser, Tribal Marriages, Same-Sex Unions, and an Interstate Recognition Conundrum, 30 B.C. Third World L.J. 207 (2010), http://lawdigitalcommons.bc.edu/twlj/vol30/iss2/1 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Third World Law Journal by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. TRIBAL MARRIAGES, SAME-SEX UNIONS, AND AN INTERSTATE RECOGNITION CONUNDRUM Mark P. Strasser* Abstract: This Article focuses on the reasons for state and federal rec- ognition of Native American polygamous unions and the implications of states’ recognition of these unions for the validity of same-sex marriages across state lines. It discusses some historical Native American domestic relations practices and explains why states recognized certain Native American marital unions that would not have been recognized had they been celebrated locally. This Article also analyzes the significance of the recognition of these unions for the debate surrounding recognition of same-sex unions. The historical treatment of Native American polyga- mous unions suggests Congress has the power to assure that same-sex couples have the same rights and protections as do different-sex couples as long as their marriages were valid in the domicile at the time of cele- bration.