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The Tenth Circuit Court of Appeals affirmed [4] the decision of the trial court and the tribe appealed. The Supreme Court granted certiorari. [5] Additionally, the Choctaw Nation used the same pull-tab system and also filed suit in Federal District Court, [6] with the same results as the Chickasaw tribe, and at the Tenth Circuit. [7]
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
On May 13, 2004, a lesbian couple applied for a marriage license and were approved by a Cherokee Nation tribal court deputy clerk. [18] On May 14, 2004, Judicial Appeals Tribunal Chief Justice Darrell Dowty issued a moratorium on issuing additional same-sex marriage licenses.
The Osage Nation held a referendum on March 20, 2017 on whether to legalize same-sex marriage on tribal land, and the measure passed with a 52% majority. [36] The Chickasaw Code was amended on April 18, 2022 to allow marriage between any two individuals and to repeal language barring recognition of marriages between persons of the same gender.
The Choctaw and Chickasaw nations objected to the admission on appeal of several individuals without notice to them. In response, Congress reached an agreement with the nations promulgated on July 1, 1902 (32 Stat. 641), whereby it created a new court known as the Choctaw and Chickasaw Citizenship Court.
On 9 January 2018, the Inter-American Court of Human Rights issued an advisory opinion that states party to the American Convention on Human Rights should grant same-sex couples accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage.
The Passamaquoddy (1975), Narragansett I and II (1976), and Mohegan (1980, 1982) cases occurred in the U.S. Supreme Court's Oneida I (1974) decision, which held that there was federal subject-matter jurisdiction for such claims.
On November 27, 2001, Breyer wrote the majority opinion in Chickasaw Nation v. United States , relating to whether tribes are liable for taxes on gambling operations. [ 76 ] In his opinion, he stipulated that IRC chapter 35, which affords state governmental lotteries an exemption from federal excise taxes, does not provide the same tax ...