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Assemblywoman Russell, Sen. Little led bills through Albany to make more Native officials eligible to perform legal NY marriages

Posted 6/22/14

A bill sponsored by two North Country state legislators to broaden the definition of what Native American officials can conduct marriages on reservations has been approved in both the Senate and …

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Assemblywoman Russell, Sen. Little led bills through Albany to make more Native officials eligible to perform legal NY marriages

Posted

A bill sponsored by two North Country state legislators to broaden the definition of what Native American officials can conduct marriages on reservations has been approved in both the Senate and Assembly.

Assemblywoman Addie J. Russell (D-Theresa), the sponsor in the Assembly, announced that the bill to remedy injustice within state marriage law by extending the right to solemnize marriages to officials on Indian reservations has received final approval by the Senate. The bill passed the Assembly in early May.

The Senate bill was introduced by Sen. Betty Little (R-Queensbury) at the request of the Office of Court Administration, New York Federal-State Tribal Courts and Indian Nations Justice Forum.

Russell’s announcement explained that the law, as it has stood, enabled a host of religious, secular and governmental officials to solemnize marriages for New Yorkers, but limited the authority on reservations to one type of tribal official vaguely defined as “peacemakers.”

That “excludes many other tribal authorities. The exclusion doesn’t make sense, it’s inconsistent with public policy and is easily remedied,” said Little, whose Senate district includes the St. Regis Mohawk Reservation and eastern St. Lawrence County.

“This is about respect for our tribal officials and their culture,” said Russell, whose district covers townships in St. Lawrence County along the St. Lawrence River, including Massena.

“The law that was on the books was from a different time and does not afford tribal leaders the rights they deserve. This legislation brings the law into the 21st century and provides officials on reservations with the same authority given to countless officials in the state,” Russell said.

The legislation confers the right to solemnize marriages to a judge or peacemaker judge of any Indian tribal court, a chief, a headman, or any member of any tribal council or other governing body of any nation, tribe, band or any other persons duly designated by such body.

The bill now heads to the governor’s office, and will be effective as soon as he signs it.