Iowa Bill Would Honor Meskwaki Tribal Court Rulings on Divorce and Child Custody!
On Wednesday, the Iowa Senate approved a bill which would require state courts to honor and enforce civil rulings by the Meskwaki tribe, including issues like divorce and child custody. As part of the agreement under Senate File 430, the court of this sovereign tribal nation would recognize the decisions of Iowa courts in personal injury, divorce and other civil issues involving Indians and non-Indians. This bill would not apply to criminal cases.
Senate Majority Leader Mike Gronstal said in a story in The Des Moines Register that state courts should recognize and honor the tribal court’s decision out of respect to this tribe. He added that the legislation would clear up confusing questions of bigamy in cases in which an Indian gets a divorce from the Meskwaki court and then goes somewhere else and remarries. Iowa Senator Keith Kreiman added that the bill would allows those people who believed that they weren’t treated fairly in tribal court to file an objection in an Iowa court as long as they prove that they were not given enough time or opportunity to defend themselves in tribal court.
Other Senators are worried about the possible ramifications of this legislation. Senator Larry McKibben said in the story that he respects the Meskwaki tribe but does not feel that this legislation adequately addresses the rights of Iowans. Lobbyist Jim Carney clarified such opposition by detailing its implications for anyone who does business with the tribe. He said that whenever people sign a contract, whether for a phone, cable or banking company, there is a clause which says the law applies. He wondered if this law would apply when dealing with the tribe since Meskwaki tribal court judges interpret both written and unwritten laws in relation to its own tribal norms, customs and practices when coming to decisions.
This Iowa legislation passed the Senate with a 27-20 vote. It now moves to the state House. Stay updated on the latest developments with this legislation right here at The Divorce Blog, and learn more about the Meskwaki tribe at The Native Blog.
