“It’s Complicated”: Two Spirits Not OK to Marry In Much of Indian Country

“It’s Complicated”: Two Spirits Not OK to Marry In Much of Indian Country

By Samuel White Swan-Perkins

Despite the recent SCOTUS decision regarding the definition of the Fourteenth Amendment, recognizing the right of LGBT+ couples to marry, there are places in Indian Country that remain untouched by the landmark ruling.

Nations such as the Seminole, Navajo and Cherokee forbid same sex-marriage for Two Spirit (Native American/American Indian) individual enrollees, while others show more tolerance and acceptance. To date, these nations include:

The Coquille Tribe in Oregon (2009)
The Suquamish Tribe in Washington (2011)
The Tribal Council of the Little Traverse Bay Bands of Odawa Indians in Michigan (2013)
The Pokagon Band of Potawatomi Indians in Michigan (2013)
The Santa Ysabel Tribe in California (2013)
The Colville Tribal Council of the Confederated Tribes of the Colville Nation in Washington (2013)
The Cheyenne and Arapaho Tribes in Oklahoma (2013)
The Leech Lake Tribal Court in Minnesota (2013)
The Puyallup Tribe of Indians in Washington (2014)
The Central Council of Tlingit and Haida Indian Tribes in Alaska (2015)
The Oneida Tribe in Wisconsin (2015)
The Keweenaw Bay Indian Community in Michigan (2015) (Source, http://www.freedomtomarry.org/communities/entry/c/native-americans)

Two Spirit people may find resources in major US and Canadian cities at places such as the Native American Health Center in San Francisco and in small community centers across the country. I spoke to one representative in a major Midwestern metropolitan area IHS clinic who reported an upswing in inquiries on, but to date, provided no Two Spirit specific resources.

Although many urban Indian centers may not yet offer the resources so desperately needed by Two Spirit individuals, things seem to be changing around policy that affects how such services are meted out. Earlier this year, the IHS released a Request for Information on how they can better serve Two Spirit and LGBT+ populations. On July 1 of this year, the National Congress of American Indians passed a resolution stating, in short, their “support of the full equality of all tribal persons including Two Spirit, Lesbian, Gay, Bisexual and Transgender tribal citizens in the interest of furthering the cause of human rights and the principle of non-discrimination for all our citizens wherever they reside; and supports its member Tribes to pursue governmental policy changes such as those outlined in the Tribal Equity Toolkit”.

BAAITS (Bay Area American Indian Two Spirits) is a community based volunteer organization in San Francisco who “offers culturally relevant activities for Gay, Lesbian, Bisexual, Transgender and Intersex Native Americans, their families and friends. Two-Spirit refers to the commonly shared notion among many Native American tribes that some individuals naturally possessed and manifested both a masculine and feminine spiritual qualities. American society commonly identifies Two-Spirit People as Gay, Lesbian, Bisexual or Transgender.” I spoke to an anonymous representative from BAAITS who was kind enough to share the following statements from its membership at a recent board meeting.

One individual from an unnamed Nation says, “My tribe doesn’t recognize gay marriage. There is nothing in our constitution — yet. We are in a very conservative state, and our people are pretty conservative, so I fear that it will be banned. That makes me feel incredibly helpless. I should be celebrating, but it’s really hard, because I still feel very tied to my tribal community, and we’re not fully free. I don’t feel 100%. It’s a great step for equality, but there’s a lot more road to travel.”

Another shared, “I had mixed feelings. I’m already legally married in the state of California. It is historical. But I fear a backlash – it’s often 2 steps forward, 1 step back.”

“There’s a lot of tribes that already have marriage equality – it’s great for tribes that are ahead of the curve, but a lot of tribes are having a negative reaction, and expressing their tribal sovereignty in a way that’s oppressive. For the tribes that have banned marriage equality, it’ not good for our people who trying to honor all parts of ourselves.”

From a two spirit whose ancestors encountered the Spanish, “same-gender marriages existed on this continent for a very long time before Europeans came, but this is historic because it’s the first time we have been legally recognized since the colonial government took power. I heard that one reason the Spaniards were so brutal with the Indians they met is because Two Spirit people had places of honor in our societies. Today many of our own people have accepted this colonial, Christianity-induced homophobia as a Native value. I wish I had seen more Native communities leading the charge for marriage equality, recognizing and remembering our old ways. LGBT and Two Spirit people still have a long way to go before we can live lives free of harassment, stigma, and other barriers in both Indian Country and mainstream America, but this court decision was a really good step in the right direction.”

In short, times and traditions in this country are changing. Communities are divided among themselves as how to address these changes, yet Two Spirit communities in the US and Canada will continue to strive for equality and acceptance by the rest of Indian Country.

Samuel White Swan-Perkins is the owner of White Swan-Perkins Cultural Consulting and resides in Butte County. He is also a freelance writer and in his free time enjoys powwow dancing and singing, boardsports which are fueled by his powerful addiction to strong coffee.