Marriage, continued from previous page
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Duty of Person Solemnizing Marriage
(a) Any person solemnizing a Marriage must review the Marriage license, and
must ascertain:
(1) The parties identities; and
(2) That the parties are of sufficient age to marry; and
(3) That, at the time of solemnization, the license remains valid under the
time requirements in Section (Insert Section once established).
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Form of Solemnizing; witnesses; Procedure
(a) In solemnizing a Marriage no particular practice is required except that
the parties will assent or declare in the presence of the person solemnizing
and at least two other witnesses that they take each other freely as spouses.
(b) The person solemnizing the Marriage may administer oaths or ques-
tion the parties and the witnesses to determine that the parties are qualified to
be married under this Chapter.
(c) The person solemnizing the Marriage must complete the solemniza-
tion portion of the Marriage license form and return it to the Tribal Court
before the license expiration date.
Recognition of Marriages, Domestic Partnerships and Civil Unions
from Other Jurisdictions
(a) For the exclusive purpose of providing Tribal and Tribally-administered ben-
efits, the Tribe shall recognize Marriages, Domestic Partnerships and Civil Unions
formed under laws of other federally recognized tribes, U.S. states, (and their duly
authorized subdivisions), and those foreign nations, jurisdictions and provinces that
the United States Government formally recognizes, provided that:
or privileges, if any, to Spouses or Domestic Partners of Tribal members. Nothing
in this Ordinance limits the authority of the Siletz Tribal Council to categorically
provide greater benefits to Tribal members than to Spouses and Domestic Partners
of Tribal members.
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Jurisdiction
The Tribe has jurisdiction to govern the formation and recognition of a Mar-
riage, Domestic Partnership or Civil Union between its members and between a member
and a non-member regardless of the member’s place of residence.
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Surname May Be Retained After Marriage
Upon entering into a Marriage, either person may either retain his or her prior
surname or adopt his or her spouse’s prior surname or a combination of both. The
Marriage license form shall accommodate these requirements.
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Void Marriages
The following marriages are not recognized by the Tribe, are prohibited, and,
if solemnized within the Tribe’s jurisdiction, are absolutely void;
(1) When either party has a spouse or domestic partner living at the time of
the marriage, or
(2) When the parties to the marriage are first cousins or any nearer of kin
to each other, whether of the whole or half blood, whether by blood or
adoption, computing by the rules of the civil law. However, when the
parties are first cousins by adoption only, the marriage is not prohibited
or void.
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(1)
(2)
(3)
(4)
(5)
At least one member of the Marriage, Domestic Partnership or Civil
Union is a Tribal member at the time that the recognition is requested;
Both parties to the Marriage, Domestic Partnership or Civil Union are
at least 18 years of age;
The parties to the Marriage, Domestic Partnership or Civil Union are
not first cousins or any nearer of kin to each other, whether of whole
or half blood, whether by blood or adoption, computing by the rules of
the civil law. However, when the parties are first cousins by adoption
only, this prohibition will not apply;
The provision of any Tribally-administered benefit to the parties to the
Marriage, Domestic Partnership or Civil Union does not conflict with
the requirements of federal law; and
The parties to the Marriage, Domestic Partnership or Civil Union provide
adequate proof of their Marriage, Domestic Partnership or Civil Union.
(b) Nothing in this Section (Insert Section once established) creates or autho-
rizes a Marriage, Domestic Partnership or Civil Union under Siletz Tribal law.
(c) Nothing in this Ordinance limits the authority of the Siletz Tribal Council
to categorically prescribe, reduce or eliminate all or a portion of Tribal benefits
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Voidable Marriages
When the Tribal Court finds that either party to a marriage is incapable of mak-
ing a marital contract or consenting to the contract for want of legal age or sufficient
understanding, or when the consent of either party was obtained by fraud or force,
the marriage is void from the time it is so declared by a judgment of a court having
jurisdiction of the marriage. However, a marriage void under this subsection does
not relieve a party to the marriage from the spousal support and property settlement
requirements of tribal law or other applicable law.
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Legitimacy of Children
When a Marriage is contracted in good faith and in the belief that it is a valid
Marriage, the children of the Marriage born or conceived prior to the Marriage’s void-
ing or the Tribal Court’s order invalidating the Marriage for any reason are presumed
to be the legitimate issue of both parents, unless determined otherwise.
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Rulemaking Authority
The Tribal Court shall have the authority to prescribe such regulations and
procedures as it deems necessary to carry out the purpose of this Ordinance and to
facilitate its operation.
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Prohibited Acts; Penalty
(a) No person may perform a Marriage under this Ordinance unless authorized
to do so by Tribal law.
(b) No person may knowingly give false information on an application for a
Marriage license.
(c) Any person(s) who intentionally violates subsections (a) or (b) of this sec-
tion (insert section once established) is punishable as a civil violation pursuant to
Civil Offense Ordinance §12.802, in addition to any other penalty conviction or
punishment under Tribal or other applicable law.
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Repeal of Inconsistent Ordinances
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of any conflict with this Ordinance.
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Severability
If any provision of this Ordinance or the application of any provision of this
Ordinance to any person or circumstance is held invalid by a court of competent juris-
diction, that provision shall be severed from the Ordinance and the remainder of this
Ordinance shall remain in full force and effect.
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No waiver of Sovereign Immunity
Nothing in this Ordinance shall be construed as a waiver of sovereign immunity
of the Tribe or any Tribal official, agent or employee.
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Courtesy photo
The Siletz Tribal Head Start classroom in Lincoln City has Dental Day with
Teacher Sarah (center back) and Teacher Rena (far right), plus (back row, l to r)
Savannah Vandaam, Isaac DeAnda III, Sophia Somes and Antonio Salas; and (front
row, l to r) Sabryanna Wills, Taylor Morris, Jaylinn Yeaman and Samyra Brinkley.
effective Date
(Insert Code once established) shall not become effective until all of the fol-
lowing have been completed:
(1) The promulgation of regulations to implement those provisions, includ-
ing form documents for use by the Siletz Tribal Court,
(2) The adoption of a Tribal Ordinance to govern the dissolution of Mar-
riages formed under (Insert Code once established).
April 2014
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SiletzNews
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