By Nate Hochman
Sunday, March 05,
2023
Simon
Moya-Smith, a left-wing Native-American writer, envisions a primordial
progressive utopia in North America — before the arrival of the colonists,
Indian tribes held hands, sang kumbaya, passed the Green New Deal, doled out
abortions and sex-change surgeries like candy, and enjoyed the fruits of fully
automated luxury communism:
Native
Americans themselves, on the other hand — the ones who exist
in the real world, rather than Moya-Smith’s Rousseauian imagination — tend to
disagree. In fact, tribal lands are some of the last places in America where
same-sex marriage is still illegal: Obergefell, which unilaterally
changed the definition of marriage in the rest of the country, doesn’t apply to
tribal jurisdictions. And most of those jurisdictions have seen fit to carry on
with the same old marriage laws that most Americans lived under prior to the
past few decades. “There are more than 550 tribes in the U.S,” Chynna Lockett
of South Dakota Public Broadcasting told NPR in
2019. “And while
hard data is difficult to find, only a handful have legalized same-sex
marriage.”
Take the
Navajo Nation. As of 2021, the Navajos were the largest
Indian tribe in the U.S., boasting nearly 400,000 citizens. But same-sex
marriage has been explicitly banned in the Navajo Nation since the tribal
council passed a law to that effect in 2005 — and continues to be prohibited to
this day, despite multiple repeal efforts by LGBT activists. In 2018, a Navajo
LGBT activist recounted
to High Country News that “a recent president of the Navajo Nation told him gay and
lesbian couples should leave the reservation because he thought marriage
equality was a ‘white man’s way of thinking.’” A 2015 New
York Times report on the intra-tribe debate, in the lead-up to the Obergefell decision,
revealed a similar traditionalist strain in the thinking of Navajo leadership:
To Navajo traditionalists, however, the rapid redefinition of marriage
in states around the country has made the 2005 tribal law more important than
ever.
“It’s not for us,” Otto Tso, a Navajo legislator and medicine man from
the western edge of the reservation, said of gay marriage. “We have to look at
our culture, our society, where we come from, talk to our elders.”
I’m no expert on Native-American history. But Moya-Smith doesn’t have to take it from me — he can ask tribal leaders themselves.
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