Relates to the solemnization of marriage by certain officials on an Indian reservation

1 Co-sponsor

• George D. Maziarz

BILL NUMBER:S7182

Title of bill

An act to amend the domestic relations law and the Indian law, in relation to solemnization of marriage by certain officials on an Indian reservation

This measure is being introduced at the request of the Office of Court Administration upon the request of the New York Federal-State Tribal Courts and Indian Nations Justice Forum. It would amend section 11 of the Domestic Relations Law by adding a new subdivision three-a and amending subdivision six and section 4 of the Indian Law to authorize tribal judges and various other tribal officials to solemnize marriages on Indian lands.

Section 11 of the Domestic Relations Law permits leaders of various Societies for Ethical Culture, along with members of the clergy, to solemnize marriages. This, of course, is in addition to a broad range of Federal, State and local government officials also permitted to solemnize marriages. By contrast, the only civil Indian authorities who are permitted to solemnize marriages are Peacemakers, presumably referencing only the Peacemakers of the Seneca Nation of Indians, as previously mentioned in the statutory text. Indian Law § 4. No other Indian official enjoys authority to solemnize marriages.* Especially in light of the evident willingness of the State to confer marriage authority upon such an extensive array of religious, quasi-religious and public leaders and officials, this exclusion of most tribal authorities makes little sense. It is inconsistent with public policy, short-sighted and at odds with tribal custom and heritage, which place no less responsibility upon Indian authorities than that vested in non-Indian leaders who are granted marriage authority.

Enactment of this measure is important on two levels. It will recognize and acknowledge the respect that the tribal authorities who are the subject of this measure enjoy within both Indian and non-Indian communities. Perhaps more importantly, it also will underscore State government's efforts to encourage respect for Indian institutions.

This measure, which would take effect immediately, will have no fiscal impact.

Legislative History:

None. New Proposal.

* Op. AG 27 (1971). Marriages performed according to tribal custom where one or both parties are Indians are valid if religious in origin and performed in accordance with religious tradition. Other, non-religious marriages performed by tribal authorities would be subject to "serious doubt" as to their validity.