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Tribal Equity Toolkit: Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country

NCJ Number
Date Published
21 pages
This guide provides tribal legislators with an overview of legal issues that impact the equal treatment of "Two Spirit" or lesbian, gay, bisexual, and transgender (LGBT) individuals.
It identifies areas in which existing tribal laws may discriminate against LGBT individuals. Sample resolution and code language are provided for tribal lawmakers to consider in their efforts to maximize LGBT equality within their communities. Commentary on the draft language is also provided in order to address some of the policy issues that tribal legislators should consider when developing or revising tribal laws to promote LGBT justice; however, the guide does not provide "model" language; rather, it presents a starting point for discussion. The sample provisions should be tailored to the specific requirements of the tribal sovereign. The guide is a first step toward the development of a broad range of sample code provisions that promote LGBT equality. Following the aforementioned introductory statements, subsequent chapters address specific issues that must be addressed in the development of a comprehensive code that ensures equal rights for LGBT individuals and couples. One chapter addresses the family domain. The main topics covered are marriage, domestic partnerships and civil unions, and children of LGBT families. The topics addressed regarding children are adoption, child welfare, and LGBT youth in the child welfare and juvenile justice systems. Other chapters pertain to the rights of LGBT individuals in the domains of employment; housing, property transactions, public accommodations, and public services; education; health care and end of life; and bias-motivated (hate) crimes. 36 notes