The legislation, which will allow a five-day public comment period, would remove a tribal ban on same-sex marriage.
Navajo Nation Council Delegate Seth Damon signed and sponsored legislation that would recognize same-sex marriages within the Navajo Nation during the Navajo Nation Pride opening ceremony on June 23.
“The prohibition against same-sex marriages does not uniformly welcome or support the well-being of all Diné,” Damon said. “The purpose of the legislation I’m sponsoring is to ensure that all Diné are welcome within the four sacred mountains and to recognize all marriages within the Navajo Nation.”
The legislation also amends other provisions within the Navajo Nation Code to conform with this repeal, but the traditional Navajo wedding ceremony involving a man and woman shall remain unchanged.
Since 2005, same-sex marriages have been prohibited when the Navajo council overwhelmingly voted to pass the Diné Marriage Act, even a second time to override a presidential veto of the act.
At the time, same-sex marriages were prohibited throughout the country, although there was a growing sentiment to legalize marriages for all. This led to a number of regional ordinances designed to define marriage as between one man and one woman. President George W. Bush would even lean on the definition during his re-election campaign in 2004.
This spurred the Navajo council to pass its Dinė Marriage Act, which has remained intact, even after the U.S. Supreme Court legalized same-sex marriage nationwide in 2015.
“We feel it’s in the best interest of the Navajo Nation to repeal Title 9 so that everyone can enjoy the full benefits of legal recognition of their marriages within the Navajo Nation, whether our relatives are heterosexual, homosexual, bisexual, transgender, non-gender specific, two-spirit, or Nádleehí,” Damon said in a press release.
However, some progress has been made in recognizing the tribe’s LGBTQ+ citizens with the 24th Navajo Nation Council passing a resolution in 2020 to establish Diné Pride Week to be held every third week in June to protect Navajo Nation citizens from discrimination based on sexual orientation, gender identity and marital status among other things.
“We see ourselves as sacred human beings,” Alray Nelson, Diné PRIDE co-founder and executive director, said. “And with that knowledge, we teach every LGBTQ young person not only is the Navajo Nation on the right side of history, but its leaders also support our community.”
Navajo Nation Council Delegate Seth Damon (far right) sponsored and signed Legislation 0139-23, which aims to repeal Title 9 of the Navajo Nation Code to recognize same-sex marriages. Damon is joined by former 24th Council Delegate Eugene Tso (left). (Photo courtesy of Navajo Nation Council Communications)
Eugene Tso, a former Navajo Nation Council delegate, joined Damon at the signing ceremony. He introduced similar bills in June 2022 and in March 2022. The March bill was voted down in its early committee meetings, ultimately never passing.
“We live with people we love. There should be no discussion about it when this legislation comes to the floor,” Tso said in a statement. “Why would you debate it? This is who we are. We’re Diné.”
Navajo Nation President Buu Nygren was in attendance at the legislation signing where along with Navajo Nation Vice President Richelle Montoya and Navajo Nation Council Speaker Crystalyne Curley became the first Navajo leaders to proclaim June 18-25 as Navajo Nation Pride Week.
He acknowledged what Damon introduced and said “…it will be up to everyone here to submit their comments for its passage.”
The legislation began its five-day public comment period on June 23 and will end before tribal council committees will hear it on June 29. Comments can be emailed or mailed. More information is here.
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