The Coquille Indian Tribe, Same-Sex Marriage, and Spousal Benefits: A Practical Guide
The Coquille Indian Tribe, Same-Sex Marriage, and Spousal Benefits: A Practical Guide
Julie Bushyhead, 26 Ariz. J. Int’l & Comp. L. 509 (2009)
This article will discuss the flaws underlying the majority view concerning access to marriage, the inherent discrimination against same-sex couples, and the various spousal rights concerning end of life and estate planning decisions. In particular, this article will examine spousal rights available to same-sex couples married by the Coquille Indian Tribe and registered as domestic partners under the Oregon Family Fairness Act. Part I discusses the United States view on same sex marriage including the problems with the federal definition, potential solutions, and the discrimination inherent in those solutions; Part II discusses same-sex marriage in Indian Tribes, including cultural traditions and the present tribal views on same-sex marriage. Part III encompasses a case study involving spousal rights for same-sex couples married by the Coquille Indian Tribe and registered as domestic partners by the state of Oregon within the end of life and estate planning context. This includes examining the probate of non-trust property, probate of trust property, medical decisions, anatomical gifts, disposal of human remains, guardianships, and health insurance. Part IV provides several important notes regarding the intended scope of this article.
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