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Battle Over Gay Marriage Plays Out in Indian Country

As many states have, Oklahoma banned same-sex marriage last year. A referendum stating that marriage is between a man and woman and outlawing same-sex unions passed, garnering 75 percent of the vote.

Hembree said that in the 14 Oklahoma counties where Cherokees live, voters overwhelmingly supported the amendment to ban same-sex marriage.


Kathy Reynolds, right, and Dawn McKinley exchanged vows after receiving a marriage application from the Cherokee Nation. Its tribal council now wants the court to nullify the marriage.
Kathy Reynolds, right, and Dawn McKinley exchanged vows after receiving a marriage application from the Cherokee Nation. Its tribal council now wants the court to nullify the marriage. (By John Clanton -- Tulsa World)

"This is rural Oklahoma," one tribal official said, "and our citizens' views reflect the rest of the state. Cherokees are opposed to this marriage taking place."

For months, Reynolds and McKinley could not even find a local lawyer to take their case. Those they approached were either opposed to the marriage or did not want to alienate the tribe that doles out lucrative contracts to law firms. "There were about 35 lawyers on the list of those permitted to argue in tribal court, and one day I went down the whole list and couldn't find anyone willing to take the case," McKinley said. "One guy laughed and hung up on me."

The San Francisco-based National Center for Lesbian Rights agreed to represent them. Because the Cherokee council has passed the law limiting marriage to a man and woman, Reynolds and McKinley's case is being argued solely for them. "Whatever happens will set no precedent -- it will affect only this one case," said Mike Miller, spokesman for the Cherokee Nation.

Still, advocates maintain that if the couple prevails, the resolution will help other gay couples who walk the same path. Meanwhile, the very public battle has taken its toll on the women, who say they are just trying to live their lives peacefully and raise McKinley's daughter.

"One neighbor just stopped talking to us when this became public," Reynolds said.

"I mean, really, who are we hurting here?" McKinley asked. "We don't bother anyone, we mind our own business . . . stick to ourselves. How would our marriage hurt anyone?"


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