The Cherokee Nation's Attorney General has issued an opinion declaring bans on same-sex marriage to be in violation of their tribal constitution.
Attorney General Todd Hembree's 12-page opinion, which was issued Friday, says parts of a 2004 tribal law that defined marriage as "a civil contract between one man and one woman" and prohibited marriage between two persons of the same sex violate the Cherokee Constitution, which requires the equal treatment of tribal citizens.
"The right to marry without the freedom to marry the person of one's choice is no right at all," Hembree wrote in his opinion.
Tribal Assistant Attorney General Chrissi Nimmo said Monday that the opinion carries the force of law and legalizes same-sex marriage and adoption by same-sex couples who are members of the Oklahoma-based tribe. The sovereign Cherokee Nation is the largest tribal nation in the United States, comprising more than 317,000 citizens.
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