Fraying the Knot: MARITAL PROPERTY, PROBATE, AND PRACTICAL PROBLEMS WITH TRIBAL MARRIAGE BANS.

The article explores how a tribe's rejection of same-sex marriage may divest a surviving spouse of an intestacy share on account of sex and how that conflicts with federal and state law that prohibits such discrimination. It considers the implications of the refusal to recognize same-sex marriage in intestacy proceedings and need to consistent with tribal sovereignty, tribes should grant full faith and credit or comity to same-sex marriages performed outside the tribe's jurisdiction.