TRIBAL EQUITY TOOLKIT 2.0: TRIBAL RESOLUTIONS AND CODES TO SUPPORT TWO SPIRIT & LGBT JUSTICE IN INDIAN COUNTRY A COLLABORATION OF THE NATIVE AMERICAN PROGRAM OF LEGAL AID SERVICES OF OREGON, THE INDIGENOUS WAYS OF KNOWING PROGRAM AT LEWIS & CLARK COLLEGE, BASIC RIGHTS OREGON, AND THE WESTERN STATES CENTER PRINTING AND DISTRIBUTION MADE POSSIBLE BY GENEROUS GRANTS FROM THE PRIDE FOUNDATION AND WESTERN STATES CENTER NOVEMBER 21, 2013 Tribal Equity Toolkit: Sample Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country 2 Tribal Equity Toolkit: Sample Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country ACKNOWLEDGMENTS PAST: SincE timE immEmorial, IndigEnous Nations of what now is known as the UnitEd StatEs havE beEn SovErEigns; wE havE beEn rEsponsiblE for thE hEalth and wEllbeing of our citizEnrY, an endeavor that is intergenerational and connects us to the work of our ancEstors. In thE spirit of this kinship connection, wE rEspectfullY acknowlEdgE the collEctivE wisdom and traditions of our ancEstors. PRESENT: WE ExprEss our gratitude to our partners, alliEs and collaborators, specificallY: ThE ConfEdEratEd Tribes of SilEtz Indians, for thEir intEntion and action in opErationalizing Two Spirit & LGBT Equity work on bEhalf of thEir Tribal CitizEns. ThE NativE AmErican Program of LEgal Aid SErvicEs of OrEgon, specificallY, JEnnifEr Amiott and Melissa Parsons, for thEir timE, dEdication, thorough rEsEarch and commitmEnt to this causE, and KristY BarrEtt, for hEr lEadErship, willingnEss and couragE to bE thE first NativE firm to producE a work such as this. To LEaAnn Easton, for hEr mEntorship and critical EYE. ThE Basic Rights OrEgon LEgal AdvisorY Group, for much apprEciatEd attEntion to dEtail, currEnt framing of thEsE issuEs and how thEY rElatE to thE livEd ExpEriencE of our LGBT communitY, spEcificallY to KodEY Park Bambino, Shauna Ballo, Jeana Frazzini, AmY Ruiz, AubrEY Harrison, tash shatz, Sasha BuchErt, PEter Dakota Molof, & HomEro Luna. ThE WEstErn StatEs CEntEr, for thEir invEstmEnt, constant support, advicE, guidancE and encouragement of our team—for Your willingnEss to and EncouragEmEnt of us to strikE out and drEam big, spEcificallY to Walidah Imarisha, AimEE Santos-Lyons, Kalpana Krishnamurthy and KellEY WEigEl. ThE PridE Foundation & WEstErn StatEs CEntEr for funding our inaugural print run and distribution. To Amanda Brings PlEntY-Wright and MatsYa Siosal for thEir design skills & JamEs Parker for laYout and Editing advicE. ThE GraduatE School at Lewis & Clark CollEge, for bEing thE sinEw that bound us all togethEr, framing our common vision. FUTURE: In the spirit of this stEwardship, wE rEspEctfully acknowlEdgE our gEnErations rising; for it is in thEir intErEst that wE carrY forward this work, and it is to thEm that wE Entrust it. -Se-ah-dom Edmo, Editor 3 Tribal Equity Toolkit: Sample Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country FORWARD Dear RelativEs: As NativE pEoplE, wE havE all ExpEriEncEd, in our own individual and shared waY, what it means to bE trEatEd as lEss than human. Our lands wErE takEn, our pEoplE slaughtErEd, wE had disEasEs and poisoning influEncEs injEctEd among us, and our childrEn taken from our homEs and placEd in institutions of assimilation – in an attEmpt to conquEr and control us, and to makE us morE likE thosE who thought thEY had control of us. WE havE had to survivE dEhumanizing fEdEral policiEs that trEatEd us as misbehaving childrEn, as if wE wErE unablE to livE rEsponsiblY or make decisions for oursElves, as if wE did not have the right to bE trEatEd as Equals, as fully human. Our Tribal sociEtiEs havE bEEn damagEd bY this onslaught of policiEs, forcEd changE, and thE unspeakablE lossEs and griEf wE havE suffErEd. In spitE of all of that, today we stand stronger than we havE for sEvEral gEnErations, ablE to ExErcisE communal and individual dEcision making on our own bEhalf – morE than our grandparEnts and thEir parEnts EvEr darEd to hopE. TodaY wE arE reclaiming and reincorporating those parts of oursElves that it was the goal of fEderal policEs to aliEnatE. Our sEnsE of natural law, and thE blEssings of our crEator’s gifts, is rEstorEd in thE prEsEnt genErations, and all of us - having been wrongEd - havE a strong sEnsE of what social justicE is, and what it should look likE. Two Spirit is a tErm in thE English LanguagE that attEmpts to incorporatE and honor thE hundrEds of anciEnt, rEspEctful, NativE LanguagE tErms that wErE usEd for thousands of YEars within our Tribal sociEtiEs. Two Spirit is usEd to dEnotE peoplE who traditionallY havE special rolEs within our communitiEs, our culturEs, and our cErEmonial lifE. Our pEoplE werE strong and beautiful in our traditional undErstanding of lifE, and that wE all havE diffErEnt gifts. Two Spirit indicatEs an ability to sEE thE world from both malE and fEmalE pErspEctives and to bridge thE world of malE and fEmalE. ThE concEpt of balancE is important in our traditional viEws, and balancE can bE bEtwEEn individuals, or groups, or within a particular individual. “Two Spirit” expresses the concept of balance within an individual. SincE thE timE of contact with EuropEans, our Two Spirit pEoplE and our sociEtal bEliEfs surrounding Two Spirit rolEs and contributions to our communitiEs havE bEEn marginalized and stigmatized, resulting in marginalized individuals and groups of pEoplE within our familiEs and tribal communitiEs. This has lEd to pErcEptions that unprovokEd violEncE against thEsE unsupportEd persons is permittEd, othEr timEs it lEads to our unsupported members hurting thEmsElvEs, whEthEr with onE (pErhaps final) act; or manY, which slicE awaY at thE chancEs of a productivE lifE. WhEn one of our mEmbers is opprEssEd & wrongfullY mistrEatEd, wE arE all madE smallEr, whEthEr it is through activE support for thE action, or through nEglectful silencE, wE can all be guiltY of contributing to thE rEsult. ManY Two Spirit individuals arE wEll known membErs of our own and othEr Tribal communitiEs who havE bEEn ExEmplarY carriErs of culturE, strong political and cerEmonial lEadErs, amazing artisans, pErhaps modEl citizEns… pErhaps showEd human impErfEctions at timEs, but who lovE or lovEd thEir pEople, arE, or wErE, lovEd bY thEir pEople. Known to bE kind, fair and strong in thEir bEliEfs, gEnErouslY willing to hElp, and fiErcE in thE dEfensE of thEir communitiEs… and YEt 4 Tribal Equity Toolkit: Sample Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country thErE is thE too often unspokEn or whispErEd truth – somEtimEs out of shamE, somEtimEs out of awkwardnEss of thE spEakEr, but it all amounts to thE samE thing – an impliEd lowEring of status as a good and honEst human bEing - by being silEnt or quiEt in acknowlEdging that this belovEd person is Two Spirit. TodaY, somE of our traditionalists undErstand thE nativE languagE tErm, know thE traditional rolE(s) and YEt strugglE with thE application of the traditional term to our Gay/Lesbian Tribal Youth. It is damaging to our familiEs and our communitiEs to not sharE that part of our culturE with our Youth – whEthEr thEY arE Two Spirit thEmsElvEs or not. ThEY nEEd to undErstand thE cultural mEaning and principlEs bEhind thE traditional tErms and thE rolEs Two Spirits plaYEd and still play in our communitiEs. For our Two Spirit Youth, it is an EssEntial lifElinE – giving thEm a healthy sEnsE of purposE and rolE to fill, to fEEl [a part] of their communitY instEad of fEEling [apart], alonE and without purposE or valuE. We nEEd to dEcidE if wE want our familiEs and communitiEs to bE hEalthY and wholE, if wE want to bE fair and just in our trEatmEnt of all our mEmbErs, whEthEr we all havE thE abilitY to livE up to thE fullEst potEntial that wE wErE born with and arE ablE to dEvElop throughout our livEs. This toolkit providEs us with an opportunity to rEflEct on how wE, as Tribal LEadErs, and Tribal CommunitiEs, arE Either passivElY or activElY pErpEtuating policiEs, ordinances, or othEr bodiEs of Tribal Law that arE damaging to thE fabric of our Nations – or whether wE arE alrEady committEd to equity and justice for all members. The work compiled here – with lovE and undErstanding, is just what it saYs it is, - a toolkit - it doEs not dictatE, it doEs not ask anYthing of You ExcEpt to rEad it and decide what You bEliEvE in, and what corE principlEs You stand for. It givEs our communitiEs anothEr sEt of tools for rEstoring oursElves. PlEasE be strong in Your work for all Your pEople, and hElp thEm livE long, hEalthY, and productivE livEs. Do all You can to sEE that all of our Tribal peoplE can walk this land without fEar, exclusion, or mistreatment, and reach their fullest potential in life. It’s a human right. RespEctfullY, RobErt KEntta SilEtz Tribal MEmbEr, Cultural REsourcEs DirEctor, and Tribal Council MEmber, Gitauk-uahi (Two Spirit) 5 Tribal Equity Toolkit: Sample Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country TABLE OF CONTENTS ACKNOWLEDGMENTS 3 FORWARD 4 CHAPTER 1: INTRODUCTION 8 ABOUT THIS TOOLKIT 9 CHAPTER 2: FAMILY 11 PART A: MARRIAGE 11 MANY RIGHTS, BENEFITS, AND PROTECTIONS ARE AVAILABLE ONLY THROUGH MARRIAGE 13 BENEFITS OF MARRIAGE EQUALITY 14 TRIBAL AND STATE RECOGNITION OF MARRIAGE EQUALITY 14 TRIBAL RESOLUTION IN SUPPORT OF TWO SPIRIT EQUALITY AND THE FREEDOM TO MARRY 15 SAMPLE MARRIAGE EQUALITY ORDINANCE 17 PART B: DOMESTIC PARTNERSHIPS AND CIVIL UNIONS 21 APPROACHES TO DOMESTIC PARTNERSHIPS AND CIVIL UNIONS 21 SAMPLE