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Nevada tribal
marriages are still valid
by Meg Mincolla, Outpost Contributor
In Nevada, American Indian marriages
performed in accordance with tribal customs are given the
same validity as state-licensed marriages. These marriages
exhibit both Nevada's changing cultural rituals and American
Indian sovereignty, vanishing in some states.
Nevada Revised Statute 122.060 gives the
necessary format for validating and recording a tribal
marriage. A certificate of declaration containing the man
and woman's ame, age, Social Security number, and tribal
affiliation must be signed by a tribal official and recorded
with the county clerk within 30 days.
A yearly average of 10 couples are
married in Reno with these tribal marriage certificates. In
Washoe County, tribal judges have authority to sign an
American Indian couple's certificate of declaration, which
is equivalent to a county-issued marriage license.
"I do an average of 10 marriages per
year," Chief Tribal Judge Clarence B. McDade said.
Many more couples prefer to get a
county-issued license, then have a traditional tribal
ceremony. McDade prefers the couples he marries to have a
Washoe County marriage license, although it is not
necessary.
"Whatever they feel comfortable with,"
McDade said.
"Many choose to go the contemporary way,
as far as getting a county certifcate," Joyce Melendez,
Reno-Sparks Indian Colony Records Manager, said.
While there is no ritual tribal ceremony,
they are often conducted in the native language and involve
prayers to the four corners and a ceremonial lance. The
lance includes inscriptions of the ceremony and is hung in
the couple's home.
"They often look at it as proof;
documentation of the marriage," McDade said.
The ability of Navada's American Indians
to be married through their tribe is an example of tribal
sovereignty not provided in California, governed by Public
Law 280. This law gives much jurisdiction of tribal affairs
to the state.
McDada said, "This is not like
California, where they have Public Law 280 causing some
problems.
Last year, the Nevada Committee on
Judiciary attempted to change tribal wedding recognition.
Nevada Assembly Bill 554, which would have revised the
state's recognition of tribal marriages, died in an assembly
committee on July 7, 1997.
Although this bill's failure exhibits the
sovereignty of Nevada's American Indians, many legal
precedents have been set federally denying this sovereignty.
In the 1886 Supreme Court case U.S. vs. Kagama, Justice
Miller said, "These Indian tribes are wards of the nation.
They are communities dependent upon the United
States."
Nevada's marriage licensing statutes are
an example of how American Indian communities are not
dependent upon the state.
Today's tribal weddings may also be an
example of traditional ways soon to be lost.
"Today, the old traditional way is gone,"
McDade said.
copyright May 1998 Nevada Outpost
http://www.jour.unr.edu/outpost
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