Tribal Equity Toolkit 2.0: Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country

“Tribal laws reflect our values as a people, define our collective barriers, prioritize our issues, allocate public resources, and identify eligibility for conferred status and public benefits and services. This Toolkit identifies areas in which existing tribal laws may discriminate against Two Spirit /LGBT individuals. The Toolkit also gives tribal legislators a brief overview of legal and policy issues that impact the equal treatment of Two Spirit/LGBT community members, and offers sample resolution and code language for tribal lawmakers to consider adopting to maximize equality within their communities. The purpose of this Toolkit is to protect the most vulnerable among us by facilitating the development of tribal laws that ensure that Two Spirit/LGBT people have the same access and opportunities as other community members. By making simple adjustments to laws and policies- such as creating an inclusive definition of family, or extending criminal laws to address hate crimes based on sexual orientation and gender identity-tribal governments can exercise their sovereignty to better protect all of their tribal citizens” (p. 9). This toolkit is comprised of ten chapters: introduction about the toolkit; family-marriage, domestic partnerships and civil unions, and children (adoption, child custody and visitation for Two Spirit/LGBT parents, and child welfare); employment; housing, real property transactions, public accommodations, and public services; education; health care and end of life; bias-motivated (hate) crimes-criminal offenses with bias motive, prohibiting specific actions, enhanced penalties, and bias-motivated crime reporting and training; jury service; law enforcement and corrections-police conduct, prison/jail conditions, and a sample “Equality Protocol for Law Enforcement and Corrections”; and identity documents and name changes.