THE CONFEDERATED TRIBES
OF THE GRAND RONDE COMMUNITY
Resolution No. 056-92
WHEREAS, the Grand Ronde Tribal Council, pursuant to Article III, Section I of the Tribal Constitution approved November 30, 1984 by the Acting Deputy Assistant Secretary of the Interior, Indian Affairs, is empowered to exercise all legislative and executive authority not specifically vested in the General Council of the Confederated Tribes of the Grand Ronde Community of Oregon; and,
WHEREAS, the Tribal Council recognizes the need to expand the authority of the Tribal Court and provide additional services to Tribal members and residents of Tribal reservation lands who consent to the jurisdiction of the Tribal Court, by establishing procedures through the Tribal Court for individuals to marry or certify a common law marriage; and
WHEREAS, the Tribal Council recognizes that the establishment of such procedures to be in the best interest of the Tribe and its membership.
NOW THEREFORE BE IT RESOLVED, the Grand Ronde Tribal Council approves the Marriage Ordinance for the Confederated Tribes of Grand Ronde.
CERTIFICATION: The Tribal Council for the Confederated Tribes of the Grand Ronde Community of Oregon adopted this resolution at a regularly scheduled meeting, with a quorum present as required by the Grand Ronde Constitution held on September 30. 1992 by a vote of 6 yes, 0 no, and 0 abstentions.
Mark Mercier, Tribal Chairman
Candy Robertson, Secretary
9615 GRAND RONDE RD
GRAND RONDE, OREGON 97347
ORIGINALLY ADOPTED: September 30,1992
RESOLUTION NUMBER: 056-92
CONFEDERATED TRIBES OF THE GRAND RONDE
COMMUNITY OF OREGON
TRIBAL CODE §
(a) Authority and Purpose
(c) Marriage: Consent/Ceremony
(d) Capacity to Consent
(e) Marriage License
(f) Health Information
(g) Expiration of License
(h) Authorization for Judge to Perform Ceremony
(i) Premarital Agreements
(k) Completion: Marriage Certificate
(l) Void Marriage
(m) Recognition of Common Law Marriages
THE CONFEDERATED TRIBES OF THE GRAND RONDE
COMMUNITY OF OREGON
(a) AUTHORITY AND PURPOSE: The purpose of this Ordinance is to grant to the Tribal Court the authority to perform marriages.
(b) DEFINITIONS: For purposes of this Ordinance, the following definitions shall apply:
- (1) "Common Law Marriage" shall mean a relationship between two consenting adults that is recognized in the Grand Ronde community as a family.
- (2) "Court Clerk" or "Clerk" shall mean the Clerk of the Tribal Court.
- (3) "Judge" or "Tribal Judge" shall mean any Judge of the Tribal Court.
- (4) "Premarital Agreement" shall mean an agreement between fiances about property ownership made so as to take effect upon marriage.
- (5) "Reservation" shall mean all lands held in trust for the Tribe or its members by the United States.
- (6) "Tribal Court" or "Court" shall mean the Tribal Court of the Confederated Tribes of the Grand Ronde Community of Oregon.
- (7) "Tribe" shall mean the Confederated Tribes of the Grand Ronde Community of Oregon.
(c) MARRIAGE: CONSENT/CEREMONY: Marriage is a consent relation ship that becomes a civil contract if entered into by two people capable of making the contract. Consent alone does not consititute a marriage. A conventional marriage relies upon the issuance of a license, a ceremony and the issuance of a marriage certificate as authorized by this Ordinance.
(d) CAPACITY TO CONSENT: Any single person, 18 years of age who is an enrolled Tribal Member, a resident of the Tribe's reservation, or who consents to the jurisdiction of the Tribal Court may consent to and consummate a marriage.
(e) MARRIAGE LICENSE :
- (1) All persons wishing to be married by the Judge shall obtain a license from the Clerk. The license shall contain the following information for each person: (a) full legal name; (b) place of residence; (c) age, (d) sex, (e) Tribal affiliation (if any); (f) date of birth; (g) whether previously married, and if so, how marriage ended (i.e., dissolution, death, annulment, etc.). No license may be issued unless both parties are capable of consenting to and consummating the marriage as provided herein.
- (2) For purposes of obtaining all facts needed or required, the Clerk at the time of application, may question the applicants under oath. The information received shall be reduced to writing and sworn to by each applicant under penalty of perjury, if necessary. The Clerk may request any additional documentation as needed for verification of facts.
- (3) The Judge shall prescribe the application forms for the license and the marriage certificate as required by this Ordinance within 30 days from the date of adoption by the Tribal Council.
(f) HEALTH INFORMATION: The Tribe's Community Health Representative shall provide the Clerk with a list of centers available for the testing and treatment of genetic defects and diseases. The Clerk shall provide a copy of this information to all persons applying for a marriage license. No medical examination or laboratory tests shall be required.
(g) EXPIRATION OF LICENSE: The marriage license shall not be valid for 24 hours after it has been issued and expires 90 days after it is issued. The day and time of issuance and the date of expiration shall be clearly noted on the face of the license.
(h) AUTHORIZATION TO PERFORM MARRIAGES: Any Judge of the Tribal Court shall have the authority to perform a marriage ceremony on the Tribe's reservation.
(i) PREMARITAL AGREEMENTS: Fiancees may enter into premarital agreements. The agreements must be in writing and may only be changed after the marriage by written amendment. The agreements may involve any property of the parties but may not adversely affect child support. Agreements are enforceable without consideration.
(j) MARRIAGE CEREMONY: The ceremony need not take any particular form, but the fiancee's must declare, in the presence of the Judge performing the ceremony, that they receive each other as husband and wife. Prior to the ceremony, the Judge shall obtain the license and determine the fiancees' to be the persons named on the license. For that purpose, the Judge may administer oaths and examine the fiancees' or require documentary proof that they are in fact the persons named on the license.
(k) COMPLETION OF LICENSE/CERTIFICATE OF MARRIAGE:
- (1) After the ceremony, the Judge shall sign and endorse the license with a statement which shall include: (1) time and place of the ceremony; (2) names and places of residence of one or more witnesses; and (3) name, address, and title of the Judge performing the ceremony.
- (2) The Judge shall execute a Marriage Certificate, which shall certify the spouses have entered into marriage. The Clerk shall combine the license and certificate into one form and file it with the County Recorder of the County of residency of the spouses within ten (10) days of the ceremony.
(l) VOID MARRIAGE: Any marriage attempted between first cousins or persons of nearer kin, except when the first cousins are by adoption only, is prohibited and void.
(m) RECOGNITION OF COMMON LAW MARRIAGES: For a period of one (1) year from the date this Ordinance is adopted, the Court shall recognize and certify common law marriages, provided all of the following requirements are met:
- (1) They must have been known as a family, with children resulting from the relationship;
- (2) They must sign an affidavit, witnessed by not less than two (2) individuals outside their immediate families, attesting to: (a) their common law status, and (b) the month and year they began the relationship. This affidavit must be filed with the Clerk with the appropriate Certificate fee.
(n) FEES: The Court shall establish fees for obtaining a license and for performing ceremonies.
I certify this to be a true copy of the Confederated Tribes of the Grand Ronde Community of Oregon Marriage Ordinance.
Tribal Council Secretary