Cherokee Nation
Same-sex marriage
On June 14, 2004, the Cherokee Nation Tribal Council voted to officially define marriage as a union between a woman and man, thereby excluding same-sex marriage. This decision came in response to an application by a lesbian couple submitted on May 13.
Same-sex marriage
On December 9, 2016, same-sex marriage was legalized through an opinion by Todd Hembree, the Cherokee Nation's attorney general. In the opinion, Hembree stated that the 2004 law violated the Cherokee Constitution, which requires equal treatment of tribal citizens. He issued the opinion because the director of the tribe's tax commission sought a decision as to whether the tribe could issue a vehicle tag to a same-sex couple married outside the tribe's jurisdiction.
Reservation reconstituted
On July 9, 2020, the United States Supreme Court ruled in a 5–4 decision that the original treaties, and promise of a reservation, with the Five Civilized Tribes (specifically the Muscogee in McGirt v. Oklahoma) were never withdrawn. This decision allowed for the restoration of the reservation status of the Cherokee Nation in a later decision. The majority opinion was held by justices Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer, and Neil Gorsuch. Hogner v. Oklahoma was decided on March 11, 2021, in Oklahoma Courts and found that the Cherokee Nation "reservation was established and had never been disestablished."
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