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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Nov. 30, 2015)
5A THE DAILY ASTORIAN • MONDAY, NOVEMBER 30, 2015 Gay marriage is legal but not on tribal lands An overlooked story line in HTXDOLW\¿JKW talked more about whether to allow members of the same clan to marry than members of the same sex. “There was very little con- troversy over the same gender By FELICIA FONSECA aspect because everybody Associated Press believed it should be open,” she said. “Whoever our citi- FLAGSTAFF, Ariz. — zens are should have the same Cleo Pablo married her rights as everyone else.” longtime partner when gay Navajo Nation lawmaker Otto Tso said he would expect weddings became legal in a heated debate on the tribe’s Arizona and looked forward marriage laws that likely will to the day when her wife and be brought forth by tribal their children could move into members. One of them, Alray her home in the small Native Nelson, has been outspoken American community outside about the Navajo Nation’s Phoenix where she grew up. ban on gay marriage, but he That day never came. The knows he doesn’t have sup- Ak-Chin Indian Community port from enough lawmakers doesn’t recognize same-sex to get it overturned. marriages and has a law that prohibits unmarried couples “They’re going to get our attention, and I’m all about from living together. So Pablo listening, hearing them out, voluntarily gave up her tribal hear the concerns,” Tso said. home and now is suing the Fred Urbina, general coun- tribe in tribal court to have her sel for the Pascua Yaqui Tribe marriage validated. in southern Arizona, said he “I want equal opportuni- suspects the tribe’s laws that ty,” Pablo said. “I want what are silent on gay marriage will every married couple has.” Matt York/AP Photo be questioned in the context 3DEOR¶V VLWXDWLRQ UHÀHFWV an overlooked story line fol- Cleo Pablo and her wife, Tara Roy-Pablo, stand outside their home in Phoenix in November. Pablo married her longtime RI EHQH¿WV DQG LQVXUDQFH IRU lowing the U.S. Supreme partner when gay weddings became legal in Arizona and looked forward to the day when her wife and their children could employee spouses. Pablo and her son moved Court’s historic decision this move into her home in the small Native American community outside Phoenix where she grew up. The Ak-Chin Indian year that legalized gay mar- Community doesn’t recognize same-sex marriages and has a law that prohibits unmarried couples from living together. in with Tara Roy-Pablo and her children in Phoenix af- riages nationwide: American Indian reservations are not Minnesota, who has studied federally recognized tribes guaranteed under the federal promotes and protects the ter she discovered the tribe bound by the decision and tribes’ marriage laws. sovereignty wouldn’t provide insurance that have outright bans on Indian Civil Rights Act. Her community’s many continue to forbid gay Advocacy groups largely gay marriage. Some tribes ex- lawyer, Sonia Martinez, said and right of self-governance, to her entire family and she marriages and deny insurance have stayed away from push- pressly allow it, while others tribal members could have a DQG EHVW UHÀHFWV WKH FXOWXUH risked arrest if they stayed in DQGRWKHUEHQH¿WV ing tribes for change, recog- tie marriage laws to those of persuasive argument against tradition, and morals of the her tribal home. Cleo Pablo said she’s nev- nizing that tribes have the states or have gender-neu- gay-marriage bans if their community and all of its Inherent right to inherent right to regulate do- tral laws that typically create tribe incorporated federal PHPEHUV ZLWKLQ WKH FRQ¿QHV er felt unwelcome in the tribal regulate mestic relations within their confusion for gay couples on constitutional rights into trib- of our laws,” read a statement community where she works as The reasons vary and to boundaries. al laws, which she says is the provided to The Associated DSUREDWLRQRI¿FHUEXWGRHVQ¶W whether they can marry. some extent depend on cultur- believe she should be treated case on the Ak-Chin reserva- Press. “Tribal sovereignty is very Sovereign lands differently under the law. al recognition of gender iden- important to tribes,” Tweedy tion. The mish-mash occurs Change, for some, “As Native people in the WL¿FDWLRQ DQG UROHV DQG WKH said. “They don’t want to just The Ak-Chin Indian Com- because tribes are sovereign munity wouldn’t comment di- was easy community, we’re taught to LQÀXHQFHRIRXWVLGHUHOLJLRQV adopt what the U.S. does.” Change for some tribes stand in the background, not legal experts say. Other issues Pablo follows in the foot- lands where the U.S. Consti- rectly on Pablo’s lawsuit but create waves,” she said. “I’ve like high unemployment, al- steps of a handful of other tution does not apply. said marriage laws are a mat- came easily. The Central Council done the opposite. People But Pablo argues in her ter for the tribe to decide, not coholism and suicides on res- tribal members in Oregon, Tlingit & Haida Indian Tribes know who I am, who I was. I ervations also could be higher Washington state and Michi- lawsuit that members of the the U.S. Supreme Court. on the priority list, said Ann gan who lobbied their govern- Tribal Council are violating “Whether our current law of Alaska enacted a marriage wouldn’t rock the boat. It gets the Ak-Chin constitution by stays the same or needs to statute in March to expand to the point if you don’t say Tweedy, an associate profes- ments for marriage equality. sor at the Hamline Universi- The Navajo Nation is one denying her equal protection change, it must still be ad- court services. Chief Justice anything, nothing is going to ty School of Law in St. Paul, of a few of the country’s 567 and due process — rights also dressed in a manner that best Debra O’Gara said leaders change.” Oregon Feds extend comment period bill would on plan to close areas to mining regulate Habitat needed hobby for greater sage grouse drones By TAYLOR W. ANDERSON The Bulletin SALEM — If you’re planning to arm your hobby drone, your window is clos- ing. Oregon lawmakers are working to add to the state’s laws on the small, unmanned aerial systems, better known as drones, that have taken to skies across the country in numbers that have left lawmakers — and pilots — scrambling to create rules that limit their use. State Rep. John Huffman, R-The Dalles, has become Salem’s go-to on drones. He plans to bring a bill next session that he hopes will address concerns about UHFUHDWLRQDO SLORWV ZKR À\ WKHLU GURQHV QHDU ZLOG¿UHV airports and other areas that have frightened commercial pilots and at times prevent- HG ¿UH¿JKWLQJ SODQHV IURP GURSSLQJZDWHURUÀDPHUH- tardant at crucial times. “The (Federal Aviation Administration) has gotten URXJKO\ QRWL¿FDWLRQV from pilots this last year — from manned aircraft — that they have viewed or witnessed drones as they’ve EHHQÀ\LQJ´+XIIPDQVDLG Spearheaded drone work group Huffman has for three years spearheaded a drone work group that is rounding out state rules and regula- tions that will govern the skies while the federal gov- HUQPHQW ¿JXUHV RXW KRZ it will address a growing demand for the small, re- mote-operated aircraft. He and a wide group of civil liberties advocates, business leaders and state DJHQF\ RI¿FLDOV ZRUNHG LQ 2012 and 2013 to limit how law enforcement agencies could use drones. By KEITH RIDLER Associated Press BOISE, Idaho — The U.S. Bureau of Land Management has extended the public com- ment period on the agency’s plan to withdraw 10 million acres of public lands in six western states from potential mineral extraction to protect habitat for the greater sage grouse. The comment period will last about three additional weeks to Jan. 15, with public meetings scheduled in Idaho, Montana, Nevada, Oregon, Utah and Wyoming in Decem- ber. The BLM is seeking com- ments ahead of creating an en- vironmental impact statement EHIRUHPDNLQJD¿QDOGHFLVLRQ on whether to withdraw the public lands for 20 years. Some aspects federal au- thorities want to analyze in- clude the economic effects of withdrawing the lands, wilder- ness characteristics, American Indian resources, mineral re- sources and recreation. “We really want to make sure everyone has the oppor- tunity to comment on the pro- posed withdrawal,” said BLM spokesman Mark Mackiewicz. Greater sage grouse not endangered The proposed withdrawal of the lands — subject to an 1872 mining law meant to en- courage development of West- Courtesy of Washington Dept. of Fish and Wildlife The greater sage grouse is at the center of a clash over habitat conservation. ern land — is part of new U.S. policies announced in Septem- ber. At the same time, the U.S. Fish and Wildlife Service said sage grouse didn’t need federal protections under the Endan- gered Species Act. Under the 1872 mining law, IHGHUDO RI¿FLDOV GRQ¶W KDYH the discretion to deny mining claims. Withdrawing the 10 million acres from being sub- ject to that law would allow %/0RI¿FLDOVWREORFNPLQLQJ claims. The 10 million acres are al- ready under a two-year freeze from new mining claims while the BLM prepares its environ- mental impact statement. The freeze doesn’t affect mining claims already in place. Jack Lyman of the Idaho Mining Association said ban- ning mining on 3 million acres in Idaho would limit future mineral extraction. “This is a big issue for the mining community,” he said. “This is where we’re going to ¿QGWKHPLQHUDOVLQWKHQH[W 10, 20, 50 years.” John Robison of the Ida- ho Conservation League said withdrawing the lands is a good step. “The priority of just about everything else over sage- grouse is why this amazing bird was being considered for protections under the Endan- gered Species Act,” he said in a statement. Inventory the minerals John Freemuth, a Boise State University professor and public lands expert, said the two-year review will give the BLM an opportunity to see what kinds of minerals are in the 10 million acres that are considered key sage grouse habitat. How much, if any, would end up being set aside is un- clear. The decision in two years would be made by the administration that follows President Barack Obama’s. Biologists to use new system to track endangered suckers Associated Press KLAMATH FALLS — Biologists hope a new under- water monitoring system will be able to give them an idea of KRZVRPHHQGDQJHUHG¿VKDUH using Oregon’s Link River. In early December, crews will install 240 feet of plastic pipe equipped with a transpon- der detection system near the mouth of the Klamath Falls river, The Herald & News re- ported. Small electronic tags with a unique ID number will be inserted into Lost River and shortnose sucker bellies, al- ORZLQJWKHSLSHWRGHWHFW¿VK as they pass over the sensors. The detection system will be an array of two rows of 12 pipes, each in 20-foot sec- tions, according to U.S. Fish and Wildlife Service Klamath )DOOVRI¿FHOHDG¿VKELRORJLVW 'DUULFN :HLVVHQÀXK 7KH\¶OO be fastened with concrete an- chor bolts and ratchet straps just upstream of a natural reef, where the water is shallow. The Klamath Falls branch of the Fish and Wildlife Ser- vice is funding the $109,500 project. The system will run entirely on energy generated by solar power panels set up on city property adjacent to the river. The array could be used to study Lost River and short- nose sucker growth, survival and movement for the next 10 years. “It really depends on what information we get,” Weissen- ÀXK VDLG ³:H QHHG WR EHWWHU understand sucker movements up and down the Link River and through the Link River Dam.” Both species were listed under the Endangered Species Act in 1988 and have suffered IURP UHFHQW ¿VK GLHRIIV DQG poor survival rates. Scientists have tagged about 30,000 Lost River and shortnose suckers, according WR :HLVVHQÀXK +H VDLG VFL- entists believe 1,000 to 2,000 untagged adult suckers live in Lake Ewauna. The Link River Dam has a ¿VKODGGHUWKDWDOORZVVXFNHUV to move upstream into Upper Klamath Lake, but a transpon- der system on the ladder has shown that few suckers are using it. “Annually, usually less than 20 suckers are using the ¿VKODGGHU´VDLG:HLVVHQÀXK “We don’t really know why.” “Are there a substantial QXPEHU RI ¿VK PRYLQJ XS- VWUHDPSDVWWKLV¿UVWUHHIEXW QRW JHWWLQJ WR WKH ¿VK ODGGHU either because they can’t or because they are choosing to spawn in the Link River?” he asked. Research on that pos- sibility hasn’t been conducted yet. 2UHJRQ¿UH¿JKWHUVUHVFXHRZOWDQJOHGLQ¿VKLQJOLQH Associated Press GRANTS PASS — Wild- life rehabilitation workers say a great horned owl that was WDQJOHG LQ ¿VKLQJ OLQH LV UHVW- ing after being rescued by Ore- JRQ¿UH¿JKWHUV The Grants Pass Daily Courier reported that a resident in Shady Cove saw the adult PDOH RZO ÀDSSLQJ LWV ZLQJV erratically while high up a tree on Sunday. Jackson County Fire Dis- trict No. 4 Captain Rick Mendenhall says the owl was “stuck big time.” )LUH¿JKWHUV ZHUH DEOH WR rescue the bird, which had ¿VKLQJ OLQH ZUDSSHG WLJKWO\ around one wing. They re- moved the line and put the bird on the ground, but it was too WLUHGWRÀ\ So they wrapped the owl in a blanket and took it to re- habilitation center Wildlife Images. Marketing coordinator Devan Ferrell says the owl will be released if and when it regains its wing strength. NEWS TALK FOR THE COAST Providing live a nd loca l new s covera ge every da y Y ou could see it ton igh t, rea d a bout it tom orrow or h ea r it live N O W !
