Tag Archives: Cherokee Nation of Oklahoma

Cherokee Nation AG Opines that Cherokee Constitution Protects Fundamental Right to Marriage; Same-Sex Marriage Legal at Cherokee

Here is the opinion: Hembree Opinion An excerpt: For the reasons discussed below, it is the official opinion of the Attorney General that the Cherokee Nation Constitution protects the fundamental right to marry, establish a family, raise children and enjoy the full … Continue reading

Posted in Author: Matthew L.M. Fletcher, marriage equality, Research, tribal constitutions | Tagged , | 6 Comments

Doe v. Pruitt, Another (Fourth) Federal ICWA Case Filed (N.D. Okla)

Here is the complaint. This case mirrors the ongoing Doe v. Jesson case (where Mille Lacs defeated the preliminary injunction, and we are currently waiting for a decision on summary judgment). Filed after we wrote the ICWA Legal Defense memo … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 1 Comment

New Scholarship from Circe Strum on the Cherokee Freedmen

Here. Abstract: Despite a treaty in 1866 between the Cherokee Nation and the federal government granting them full tribal citizenship, Cherokee Freedmen—the descendants of African American slaves to the Cherokee, as well as of children born from unions between African … Continue reading

Posted in Author: Kate E. Fort, Research, Scholarship, treaty rights, tribal constitutions, tribal courts, tribal election, tribal membership | Tagged , , , | Leave a comment

California Appeals Court Finds Court Rules about Indian Children Inconsistent with Legislative Intent

Decision (a rare published ICWA decision for CA). The children were eligible for membership at Cherokee Nation of Oklahoma. The trial court ordered DHHS to help enroll the children as active efforts. DHHS appealed. The appellate court found that both … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Legislation, Research, Scholarship | Tagged , , , , , , | Leave a comment

Tulsa World Coverage Of Cherokee Nation Filing in Legal Fees Case

Here. Also the ICT article is here.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , | Leave a comment

Title VII Claim against Cherokee Nation-Owned Company Proceeds

Here are the materials so far in Nepomuceno v. Cherokee Medical Services (S.D. Cal.): 4 CMS Motion to Dismiss 10 Nepomuceno Opposition 11 CMS Reply 16 DCT Order Denying Motion An excerpt: CMS has not come forward with any evidence … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , , | Leave a comment

Michigan COA Decision on In re Morris

The Michigan Court of Appeals heard the ICWA notice case that the Michigan Supreme Court originally remanded back to Wayne County for notice. That case, In re Morris, details what is required of Michigan courts when notifying tribes of a … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , , , , | Leave a comment

NYTs “Disunion” Series Profiles Cherokee Nation after the Civil War

Here. Fascinating. My favorite part: By 1862, Ross had become disillusioned with the Confederate government. The first major military engagements in Indian Territory proved disastrous for both the Confederacy and the Cherokees. Retreating from Indian Territory, the Confederacy left the … Continue reading

Posted in Author: Matthew L.M. Fletcher, treaty rights, tribal constitutions, tribal membership | Tagged , , , , | Leave a comment

National Indian Child Welfare Association Resources on Baby Veronica Case

Here. Useful site, especially the Media Fact Check Matrix.

Posted in Author: Matthew L.M. Fletcher, ICWA, Research, Supreme Court | Tagged , , , , , | Leave a comment

Birth Father/Cherokee Nation Cert Opposition Brief in Adoptive Couple v. Baby Girl

Here: Cherokee Cert Opp

Posted in Author: Matthew L.M. Fletcher, ICWA, Research, Supreme Court | Tagged , , , , | Leave a comment