(b) It shall be unlawful for any man to marry his father’s sister, mother’s sister, daughter, sister,
son’s daughter, daughter’s daughter, brother’s daughter or sister’s daughter; it shall be unlawful
for any woman to marry her father’s brother, mother’s brother, son, brother, son’s son,
daughter’s son, brother’s son or sister’s son.
7-2.03 Who May Perform Marriages.
(a) A marriage may be solemnized and performed on the Spokane Indian Reservation by the
following:
(1) A Judge of the Tribal Court, or
(2) Any person recognized by the Spokane Tribal Business Counsel as having authority to
perform marriages.
(b) No marriage solemnized or performed before any person professing to have authority to marry
shall be invalid for lack of such authority, if consummated in the belief of the parties or either of
them that they have been lawfully joined in marriage.
7-2.04 Marriage Ceremony. No particular form of marriage ceremony is required, provided that the persons
to be married shall declare in the presence of the person performing the marriage ceremony that they take
each other to be husband and wife and that such declaration is made in the presence of at least 2 attending
witnesses.
7-2.05 Marriage Licenses, Affidavits and Certificates.
(a) No marriage shall be performed unless the parties have first obtained a marriage license from
the Clerk of the Tribal Court.
(b) In addition to payment of a reasonable fee to be set by the Tribal Council, the Clerk shall require
each party to make and file an affidavit upon forms provided by the Tribal Court showing that if
an applicant is afflicted with any contagious sexually transmitted disease, the condition is known
to both applicants, without requiring the parties to state whether either or both of them are
afflicted by such disease, and that the applicants are of the age of eighteen or over, or those
exempted under Tribal law, the license shall be granted.
(1) Such affidavit shall also show that 1 of the parties is an enrolled member of the Spokane
Tribe of Indians.
(2) Anyone knowingly swearing falsely to any of the statements contained in the affidavits
shall be deemed guilty of perjury and punished as provided by the laws of the Spokane
Tribe of Indians.
(c) The Clerk shall keep a public record of all marriage licenses and certificates issued.
(d) The marriage license, properly endorsed by the authorized person performing the marriage and
2 attending witnesses, shall be returned to the Clerk within 30 days of the ceremony, who shall
issue a marriage certificate to the parties.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-2.06 Voidable Marriages. When either party to a marriage shall be incapable of consenting thereto, for
want of legal age or a sufficient understanding, or when the consent of either party shall be obtained by
force or fraud, such marriage is voidable, but only by the party laboring under the disability or upon whom
the force or fraud is imposed.
7-2.07 Existing Marriages. All marriages performed other than as provided under this Chapter, which are
valid under the laws of the jurisdiction where and when performed, are valid within the jurisdiction of the
Tribe.
Section 7-3 Dissolution of Marriage, Legal Separation, and Declaration of Invalidity of Marriage
7-3.01 Policy.
(a) Parents have the responsibility to make decisions and perform other parental functions
necessary for the care and growth of their minor children. In any proceeding between parents
under this Chapter, the best interests of the child shall be the standard by which the Court
determines and allocates parental responsibilities.
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Revised Spokane Law & Order Code, 5/14/2013