Same-Sex Marriage Provisions Approved by Ho-Chunk Legislature
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Vol. XXXI, Issue 12 Ma\ hina\’u\ wira | Earth Cultivating Moon June 30, 2017 Lacrosse camp with the Bronson Koenig Thompson Brothers joins the Bucks Mitchell Red Cloud Jr. Page 4 Day Page 5 JULY 4TH Same-sex marriage provisions approved by Ho-Chunk Legislature Ken Luchterhand married couples.” the same legal treatment as Staff Writer This has posed issues partners who formalize their With approval by the Ho-Chunk especially in some probate marital relationship in Sec- Nation Legislature, same-sex mar- cases when there arises a tion 9.” riages now have legal rights within dispute or disagreement “First, I feel the Nation the Ho-Chunk law. within families on whether needs to be inclusive as pos- On June 5, the Legislature ap- or not someone really was sible to all of our people, proved an amendment to the Mar- a cohabitant for an entire and I also feel that the gov- riage Ordinance, which was origi- seven years, Garvin said. ernment has no business in nally adopted on October 19, 2004. This situation puts the courts telling people who it is they The amendment was introduced by in an awkward situation of can or cannot love or who it Rep. Henning Garvin and seconded having to determine heirship is they can or cannot marry, by Kathyleen Lone Tree-Whiterab- in a “he said - she said” situ- regardless of sex,” Garvin bit. It passed with a 13-0 vote. ation. said. The United States Supreme Court “So, we drafted amend- “I actually regret having ruled on June 26, 2015, that gay and ments that would allow not realized the ordinance lesbian couples have the same right individuals who have been was written this way earlier Since the Supreme Court ruled on June 26, 2015, to marry as heterosexual couples. cohabitants for that period in my term so I could’ve that gay and lesbian couples have the same right The topic has proven to be one of of time to instead register made the change much to marry as heterosexual couples, the Ho-Chunk the most contentious social issues in with our courts as a do- sooner. Secondly, in 2015 Nation has adopted that standpoint, making legal U.S. history. mestic partnership, which in the Obergefell v. Hodges language to reflect those changes. “We began work on the marriage would also be recognized case the Supreme Court ordinance this past fall essentially the same as a formal mar- of the United States ruled partnerships. they are,” Garvin said. in response to a housing concern,” riage,” Garvin said. “The that same-sex marriage “We do not endorse any- Garvin said. “In the previous version As far as same-sex mar- registering will take away was a fundamental right riage in Ho-Chunk culture, thing, we’re not saying any- of the ordinance, common-law mar- most of the ambiguity in guaranteed under the U.S. thing and we’re not taking riage was recognized, with the only the lines are not so clear. these cases and will hope- Constitution, and so under In Ho-Chunk Traditional a stance,” Garvin said. “I provision being that individuals who fully help families avoid a federal law no one within believe the action by Leg- were cohabitants for seven years or Court, where the customs potentially difficult probate the jurisdiction of the United and traditional ways of the islature was only to comply more would be recognized as mar- process especially when they States has the legal ability to with the court.” ried and receive the same benefits as Ho-Chunk people are up- are already dealing with the deny such unions. The new held and maintained, some As far as the ethical and loss of a loved one. While amendments went into effect Traditional Court officials moral aspect of same-sex we were doing so, it was no- with the adoption that took were unaware of the change marriages, one of the offi- ticed that our ordinance still place at this past legislative and were unaware of the cials had a conflict with the designated a marriage as be- meeting.” existence of the Marriage concept. ing recognized only between Earlier this year, on April Ordinance. “When you were a young a husband and wife (i.e. man 5, the Ho-Chunk Insurance They indicated that they person, you had a mother and woman). Department addressed the did not form an opinion on and a father. Correct?” FIRST CLASS MAIL Paid Postage U.S. 203 No. Permit WI Eau Claire, Changes in the Marriage issue of same-sex marriage same-sex marriages because Thomas Hopinkah asked a Ordinance added the words by revising its Master Plan the procedure was a legal male member present in the “or domestic partnership” Document in the section one, something that was not Traditional Courtroom. “Did to the word “marriage” and, Dependent Eligibility, which part of the Ho-Chunk cul- your mother say to you, in one instance, changed the now appears in the Auxiant ture. ‘One day, go out and find words “husband and wife” handbook. “There was no such thing yourself a good husband?’” to “spouses.” With the changes, the sec- as paper (back then),” said The biggest change was tion “Lawful Spouse” was Andy Thundercloud. “In our in the Section 10, “Common deleted and replaced with an ancient culture, marriage li- INSIDE SCOOP... Law Marriage,” which was updated version. It reads: censes didn’t exist before.” changed to heading “Domes- Lawful Spouse: An em- Although legal marriage, Letters .............................. 2 tic Partnership.” In that para- ployee’s lawful spouse in the in general, is a recent de- News ................................ 3 graph, the words “a male state of residence, living in velopment in the history of Sports ............................ 4-5 and female” was changed to the same country, if not le- the Ho-Chunk people, the News ................................. 6 “couples.” gally separated or divorced. existence of gay and lesbian Elders ................................ 7 In addition, majorities of The Plan Administrator people have been known and Graduates ..................... 8-10 two sentences were added may require documentation accepted within societies. Legislative Minutes ... 11-13 or changed, which now providing a legal martial “If you look at any society, Enrollment ...................... 13 reads, “Couples who have relationship. This includes in any civilization, people Notices ............................ 14 resided together for at least same-sex spouses where a like that have been present Announcements .............. 15 seven years or more may same-sex marital relation- and acknowledged in those Good News ..................... 16 register with the Ho-Chunk ship is recognized as legal societies,” said Cecil Garvin. Want something special Nation Trial Court as hav- under applicable state or “We have our clan system placed in the Hocak Worak? HOCAK WORAK NEWSPAPER BOX 667 P.O. WI 54615 BLACK RIVER FALLS, ing entered into a domestic federal law. Not consid- with each person having Limited space is available so HOCAK WORAK NEWSPAPER partnership. Those couples, ered eligible for spousal their responsibilities within send your request in early. TEL: (800) 472-3089 FAX: (715) 284-7852 having entered into a domes- coverage: a) Common law Please notify the Newspaper of the tribe. They still have Submissions will be handled on any address changes or corrections tic partnership shall enjoy spouses and b) Domestic those duties no matter who a first come first serve basis. PAGE 2 LETTERS Ma\ hina\’u\ wira 30, 2017 Where’s the Office of the President Establishment Act? Marlon WhiteEagle Executive branch that don’t dent staff fall in a gray area? period of time, doesn’t justify Often times, the Nation at- Editor fall under an Establishment Without an Establishment it, in a legal sense. We have to tempts to mirror the federal On the executive branch of Act? Act, is this government per- protect and be sure we work government for no apparent the Ho-Chunk Nation, each The Ho-Chunk Nation sonnel selected and hired in inside our sovereignty before reason, or to take the easy department is authorized to Constitution gives powers to accordance with applicable we can make it grow. way out, when it comes to es- create jobs within their de- the legislative branch to (b) law? To me, the current system tablishing our laws and poli- partment to reach a certain establish departments in ac- One difference in this staff of staffing the Office of the cies. This is probably done goal based on the purpose and cordance with the law, (d) is that they are not a depart- President invites cronyism more than the tendency to objectives in the department’s to authorize expenditures by ment with purpose and objec- and nepotism into our tribal just plain get rid of programs, Establishment Act. law and appropriate funds to tives outlined in an establish- politics. This, in turn, leads to laws, and ordinances. Legislature enacts the estab- the various departments in an ment act like the rest of the poor leadership and decision Maybe electing department lishment of each department. annual budget, (f) to set the Ho-Chunk Nation government making. heads at staggered intervals, Looking through old and new salaries, terms, and conditions personnel. Departments are The Nation needs to solidify would aid the Nation on department Establishment of employment for all govern- required by law to have a laws that address both crony- reaching goals and create sta- Acts, the Office of the Presi- ment personnel. board and an executive di- ism and nepotism to include bility, instead of nominating dent staff doesn’t fall under The Ho-Chunk Nation Con- rector. But the Office of the Ho-Chunk kinship into defini- them as each administration the normal executive branch stitution gives the powers to President staff doesn’t fit that tions and the law.