Committee # Sponsor: Linda O'Leary
Assigned: 6/14/04 Committee: Council Mtg. Author: Todd Hembree
An Act
Legislative Act 26-04
Title
AN ACT AMENDING TITLE 44 OF THE
CHEROKEE NATION MARRIAGE AND FAMILY ACT, PROVIDING FOR
SEVERABILITY AND DECLARING EMERGENCY
Body
BE IT ENACTED by the Cherokee Nation:
Section 1. Title and Codification
This Act shall be titled as "The Cherokee Nation Marriage and Family Protection Act of 2004" and codified as Title 43, of the Cherokee Code Annotated.
Section 2 Purpose
The purpose of this Act is to define Marriage as one man and one woman to protect the traditional definition of Marriage in the Cherokee Nation and define other crimes of moral character.
Section 3. Legislative History
Title 43 of the Cherokee Nation Code Annotated, Legislature Act ; and Article V,
Section 7 of the Cherokee Nation Constitution.
Section 4. Substantive Provisions
Amend Title 43 ?? 1-9 of the Cherokee Nation Code Annotated to add new substantive language:
?1: Marriage as a civil contract-Consent of parties
Marriage, so far as its validity in law is concerned, is a civil contract between one man and one woman, to which the consent of the parties, capable in law of contracting, is essential.
2: Who may be married
Every person who shall have attained the age of eighteen years shall be capable in law of contracting marriage, if otherwise competent. But in all cases where the person is less than eighteen years of age, the consent of the mother, father, or guardian of such minor shall be given; otherwise such marriage shall be null and void unless it shall appear that the parties have no parent or guardian then living, and at the time of marriage are self-dependent.
? 3: Who may not be married
No marriage shall be contracted whilst either of the parties has a husband or wife living; nor between parties who are nearer of kin than first cousins whether of the half or of the whole blood; nor between parties who are insane or idiotic nor between parties...
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