Cherokee Nation LGBT Laws

Age of Consent Legislation/Cases/References
1. Nation

A 16-year-old can consent to sex with any aged adult.

A 15-year-old can consent to sex with someone who is 15, 16, 17 or 18.

A 14-year-old can consent to sex with someone who is 14, 15, 16, 17 or 18.

A 13-year-old (or younger) can never consent to sex. [R1.1].

Oklahoma Cherokee Nation:

A 16-year-old can consent to sex with any aged adult.

A 15-year-old can consent to sex with someone who is 15, 16, 17 or 18.

A 14-year-old (or younger) can never consent to sex [R1.1].

R1.1 CherokeePhoenix: Fields urges sexual consent law amendment 25 NOV 14
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1. Nation

On 09 December 2016, Cherokee Nation Attorney General Todd Hembree issued an opinion finding that Section 1 of the Cherokee Nation Marriage and Family Act which defines marriage as ”a civil contract between one man and one woman”, is unconstitutional as is Section 3 which prohibits marriage ”between parties of the same gender” [D1.2], [R1.1].

The opinion also concluded that ”the Cherokee Nation and its entities must recognise validly-issued civil unions, same-sex marriages and same-sex domestic partnerships from other jurisdictions for the purpose of services, programs, benefits or some variation thereof” [D1.2].

D1.2 Opinion: Opinion of the Cherokee Nation Attorney General No. 2016-CNAG-01 PNG 2MB 09 DEC 16
R1.1 PublicRadioTulsa: Cherokee AG Opinion: Tribe Should Recognize Same-Sex Marriages 09 DEC 16
Marriage Legislation/Cases/References
1. Nation

On 09 December 2016, Cherokee Nation Attorney General Todd Hembree issued an opinion finding that Section 1 of the Cherokee Nation Marriage and Family Act which defines marriage as ”a civil contract between one man and one woman”, is unconstitutional as is Section 3 which prohibits marriage ”between parties of the same gender” [D1.2], [R1.1].

D1.2 Opinion: Opinion of the Cherokee Nation Attorney General No. 2016-CNAG-01 PNG 2MB 09 DEC 16
R1.1 PublicRadioTulsa: Cherokee AG Opinion: Tribe Should Recognize Same-Sex Marriages 09 DEC 16