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Tribal Council again refuses to consider same-sex marriage ordinance BY HOLLY KAYS STAFF WRITER or the second month in a row, the first item on Tribal Council’s agenda was an ordinance to legalize same-sex marriage on the Qualla Boundary, and for the second month in a row, members voted July 8 to deny the legislation even the perfunctory first reading necessary to place it on a future agenda for debate and a vote. “When the tribal government decides and chooses when they obey their own laws and when they disregard their own laws, you should seriously step back and take a look at what you’re doing,” said Mary Thompson, a former Big Cove representative on Tribal Council and mother of Tamara Thompson, who submitted the resolution under discussion. Tribal law states that all proposed ordinances placed on the agenda “shall” be assigned an ordinance number and be read into the record by the clerk. Tribal Council can vote to waive the reading requirement, but it may not make any motions or add amendments to the ordinances themselves at the time of that first reading — legislation must sit for at least 25 calendar days before Council takes action. Every month, at the beginning of the Tribal Council agenda, members vote unanimously to deem all new ordinances listed on the agenda read and tabled. The vote reflects Council’s desire to save the significant amount of time it would require for each ordinance to be read in full, not its opinion on the content of any of piece of legislation. However, when the marriage ordinance first appeared on the agenda in June, the unanimous vote to deem new ordinances read and tabled excluded that agenda item. Thompson resubmitted it for the July agenda, and once again, council members voted on a motion that excluded the marriage ordinance. That vote was again unanimous, but this time Birdtown Representative Albert Rose followed it with a motion to include the marriage ordinance in the list of read and tabled new ordinances. Wolfetown Representative Chelsea Saunooke seconded the motion, eliciting applause from tribal members in attendance who had come to support the legislation. However, their jubilation was short-lived, as the motion failed with seven members against it and five in favor. Painttown Representative Tommye Saunooke, Big Cove Representative Perry Shell and Yellowhill Representative Tom Wahnetah joined Chelsea Saunooke and Rose in voting to deem the ordinance read and tabled. Meanwhile, Painttown Representative Dike Sneed, Wolfetown Representative Bo Crowe, Chairman Adam Wachacha, Vice Chairman David Wolfe, Snowbird/Cherokee County Representative Bucky Brown, Birdtown Representative Boyd
Smoky Mountain News
July 14-20, 2021
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“I put myself out there, which I don’t normally do. Blast me if you want,” she said. “But I do love God, and I will give my own account to God.” “My sister, she’s gay and she’s married, and I look at her just like anybody else,” added Rose. “That’s her prerogative. If that’s what they want to do, that’s fine with me. I guess what I’m trying to say is how do you go and look at people that you’re friends with now? How do y’uns look at each other now? It should have been heard today I think and put on the agenda and at least discussed more.” All this discussion took place after Rose’s motion had already been voted down, Wachacha reminded those in attendance as the conversation concluded. “The representation that sits around this horseshoe may not share the same Yellowhill community member Mary Crowe speaks with LGBTQ advocates outside the Cherokee Council House beliefs, but I know from my July 8, following Tribal Council’s second refusal to consider an ordinance legalizing same-sex marriage. heart, I respect each and every Holly Kays photo one of you,” he said. “Everybody makes their own Owle and Big Cove Representative Richard licenses to same-sex couples since 2014. choices. I got a brother-in-law who’s addicted “My daughter came out to me when she to drugs, and I don’t agree with those choices French opposed the move. After the vote, eight tribal members was 14, and I had to tell her that I knew, that but that’s the choices that he makes, and I addressed Council, expressing hurt and anger she had nothing to be ashamed of,” said hope that he straightens up. All I can do is at council’s refusal to consider the ordinance Edwin Taylor, who serves as the tribe’s secre- pray for him.” and at the ongoing ban on same-sex marriage tary of housing. “It’s hurtful that she’s treated The implicit comparison of drug addicdifferently by her tribe than she is when she’s tion to sexual orientation elicited strong reacon the Qualla Boundary. “You’re allowing a law to sit out there that off the reservation, and equal protection tion from the LGBTQ supporters in attenhurts people, literally, has made people feel should apply to everybody, especially to all of dance. unwanted, unwelcomed,” said Tamara our tribal members whether they’re on“Being LGBTQ isn’t a choice, my guy,” Thompson as she battled tears. “I am begging boundary or off-boundary. I would like to see Montelongo called from the back of the with you guys to change this. You have the this law addressed.” room. Ella Montelongo, 19, told Tribal Council right to act on this now. I just don’t under“I’m not saying that, ma’am,” Wachacha stand, why the hate. I know you guys have that while growing up as an LGBTQ youth on replied. election campaign ambitions, but if you’re the Qualla Boundary, she never felt able to be “Well, it’s coming out that way, so change not working for the people now to protect the fully herself, and that spurred her decision to your words please,” she said. people that are here, then it’s not worth re- pack up her things and head to New York City Wachacha said that he would and then for college. electing anybody.” moved Council on to the next item of the “Nobody should feel like they have to agenda. Those who had attended in support In 2000, tribal law was amended to define marriage specifically as an institution leave to be able to be who they are,” she said. of Thompson’s ordinance left the chambers, Chelsea Saunooke and Rose both apolo- reconvening outside the Council House to between a man and a woman, and in 2014 Tribal Council passed an ordinance specify- gized for not speaking up in favor of the ordi- discuss next steps. ing that “the licensing and solemnization” of nance last month. “They said ‘within the law,’ so let’s look at “If I lose support just because I want to what rights and protections that we have same-sex marriage is not allowed in the tribe’s jurisdiction. The 2014 ordinance give this piece of legislation the right to be under the law,” said Yellowhill community passed by a 7-1 vote, with one abstention and deemed read and tabled, then so be it,” member Mary Crowe, who is also two absences. Shell, Tommye Saunooke, Chelsea Saunooke said. Montelongo’s mother. Rose, Crowe, Wolfe and Wachacha — the She told the audience that she’s known The group of about a dozen LGBTQ tribal only current members who were on Council since second grade that she liked men and members and supporters discussed the possiat that time — voted in favor. Though same- women, and that after leaving her children’s bility of filing a lawsuit or an ethics complaint sex marriages are not recognized in Cherokee father she found “my person in my life, who — and the need to keep placing the legislaCourt, residents of tribal lands are also resi- I’ve never felt as loved and respected.” A few tion on councilmembers’ desks. dents of a North Carolina county, and all weeks ago, she added, one of her children “Keep submitting it, every month,” said counties in the state have issued marriage “felt the courage to come out to his momma.” Crowe.
