Revised Marriage Ordinance sparks discussion at Tribal Council meeting

A seemingly routine first reading of a revised Tribal Marriage Ordinance sparked discussion about same-sex unions and an unsuccessful attempt to table the ordinance at the Wednesday, Aug. 12, Tribal Council meeting.

The Marriage Ordinance, which was repealed more than a decade ago, has been updated and would allow couples to marry in Tribal Court. It appeared before Tribal Council for a first reading, a process that then solicits input from the membership before coming back to council for consideration.

However, a non-discrimination clause in the revised ordinance, which states that a Tribal marriage license cannot be denied on the basis of race, religion, sexual orientation, color, gender, gender expression, national origin, disability and military status, would allow same-sex couples to marry in Tribal Court and turned a usually routine matter into a lengthy discussion.

Vice Chair Jack Giffen Jr. moved to table the first reading, saying he favored an advisory vote from the membership before Tribal Council decides on such an important social issue.

“This impacts many generations,” Giffen said. “We all were raised differently and I think an advisory vote by the membership would be, in my eyes, the best way to go with this because each generation has their own opinion of this law. For nine people to make a decision, which encompasses so many different generations with so many different philosophies, isn’t the correct way to proceed with this.”

Tribal Council member Chris Mercier said that Tribal Council rarely, if ever, votes to table a first reading of an ordinance and that Tribal members concerned about the ramifications of the ordinance’s non-discrimination clause will have 30 days to voice their concerns.

Mercier also pointed to the recent Supreme Court decision that ruled the ability to marry is a constitutional right.

“What this is doing is this is providing a service to our members,” Mercier said. “You can get married in our Tribal Court and we’re not going to discriminate against anyone who wants to get married in our Tribal Court.”

Mercier also said that Tribal Council can proceed with the first reading of the ordinance and pursue an advisory vote if a majority so desires.

The non-discrimination clause also received comments from audience members who said they favor not allowing any marriages in Tribal Court if the updated ordinance means allowing possible same-sex marriages.

Others said they are concerned that the membership at-large will not realize the ramifications of the non-discrimination clause in the updated ordinance.

Giffen’s motion to table the first reading failed in a 5-3 vote and the updated Marriage Ordinance will be advertised in two Smoke Signals seeking membership comments before returning to Tribal Council for a vote.

Tribal Council Secretary Toby McClary encouraged Tribal members to comment because comments are seriously considered and do alter proposed changes to ordinances.

Currently, Tribal members cannot get married in Tribal Court, but they can divorce if it is uncontested.

In late 2004, proposed amendments to the Marriage Ordinance revised it to clearly define marriage as a “consensual union between one man and one woman.” During the Feb. 16, 2005, Tribal Council meeting, the ordinance was repealed in a 5-2 vote, removing Tribal Court’s ability to perform all marriages on the Reservation.

In other action, Tribal Council:

• Approved resolutions that add General Manager Dawn Doar as an authorized signer on Tribal bank accounts and a line of credit and removed former interim General Manager Rick George as a signer for those accounts;
• Declared Sept. 11 as the next per capita payment date;
• Appointed Molly Leno to the Powwow Special Event Board with a term ending in March 2017;
• Approved paying $2,662 in membership fees to the Mid-Willamette Valley Council of Governments and its Economic Development District;
• Approved a capital contribution to Ilihi LLC not to exceed $430,000 that will be used to fund costs and expenses related to the foreclosure and sale of MicroGREEN Polymers’ assets. The auction of MicroGREEN’s assets is set for Wednesday, Sept. 30, in Arlington, Wash.
• Held a first reading on amendments to the Personnel Management Ordinance that would modify the Tribe’s random drug testing process to only require random drug testing of employees in safety-sensitive positions;
• Adopted amendments to the Enrollment Ordinance that, among other changes, provides procedures for removing names of living individuals from the Restoration Roll who did not meet the Grand Ronde Restoration Act requirements and provides procedures and standards for finding reasonable doubt of a member’s required lineage, including a definition of “reasonable doubt” and a process for requiring DNA evidence;
• And approved enrollment of one infant into the Tribe.

Also included in the Aug. 12 Tribal Council packet were authorizations to proceed to submit a comment letter on the Astoria Marine Cleanup Remedial Investigation/Feasibility Study, to purchase 405 additional school supply gift cards and to move forward amendments to the Elders’ Retirement and Supplemental Income Program Ordinance for a first reading.

Tribal Council member Jon A. George joined Land and Culture employees Jordan Mercier, Bobby Mercier, Kathy Cole and members of the Canoe Family in the cultural singing and drumming to open the meeting.

In addition, seven Maori youth from New Zealand and Holland who are visiting the Tribe performed a traditional dance and then introduced themselves to Tribal Council. George, accompanied by Tribal Council Chief of Staff Stacia Martin and Administrative Assistant Shannon Simi, gifted the Maori visitors with necklaces and a gift bag.

The meeting, in its entirety, can be viewed on the Tribal website, www.grandronde.org, under the News tab and then click on the Video link.