Lesbian, gay, bisexual, and transgender (LGBT) people in the Navajo Nation, the largest indigenous sovereign state in the United States, face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal, but same-sex unions are not recognized, and marriage has been banned by the tribal constitution since 2005. In 2022, a bill was introduced to repeal the ban and recognize same-sex marriage, but has faced challenges on the reservation.
Traditional Navajo belief
As with many Native American nations, traditional Navajo belief includes a two-spirit conception of gender-variant individuals and accepts two-spirited individuals as valid members of the community. Nádleehi ( or nádleehé; literally one who constantly transforms) refers to individuals who are a "male-bodied person with a feminine nature". Historically, the Navajo recognized four gender roles: asdzáán (feminine female), hastíín (masculine male), dilbaa (masculine female), and nádleehi (feminine male). The nádleehi identity is fluid, and such individuals may display both male and female characteristics. Due to the perceived "balance" between both sexes, they were typically chosen for certain societal and communal roles, such as spiritual healers. They would traditionally wear female clothes and do female work, and some would have sexual relations with men which was accepted by the tribe.
Introduction of opposition to homosexuality and gender-fluidity
Opposition to homosexuality and gender-fluidity was introduced by Christian missionaries and the US federal government, specifically through the Bureau of Indian Affairs. Currently, the suicide attempt rate for Navajo LGBT youths is three times that of white LGBT youths. Because of the generational change in attitudes, Navajo LGBT youths may face opposition from their parents' generation but find acceptance from their grandparents.
Navajo Nation law
Same-sex marriage is not valid under Navajo law, even if performed in a jurisdiction such as Arizona where it is legal. Because of this, same-sex couples do not have the rights accorded by the tribal government to opposite-sex married couples. Same-sex marriage is explicitly prohibited by the Diné Marriage Act (see external links), an amendment to the tribal code enacted on April 22, 2005. The act was vetoed by then–Navajo President Joe Shirley, Jr., but the veto was overridden by the Navajo Nation Council. In the run-up to the 2018 elections, both Shirley and his opponent, Jonathan Nez, said they strongly supported a repeal of the act, and Shirley said they had 14 of the 16 votes needed on the council for repeal but after few months he explained that the council will not support legal same-sex marriage.
Endorsement of the Equality Act as federal legislation
On August 12, 2019, the Law and Order Committee of the Navajo Nation Council approved a resolution by Delegate Nathaniel Brown to endorse the Equality Act in Congress as federal legislation in a 2–1 vote. Alray Nelson, the founder of Diné Equality praised the legislation, calling it "a major step forward." "This is the first time the Navajo government and its leaders had a deeper conversation about protecting our LGBTQ, two-spirit relatives," Nelson said. "Today was a major step forward because it sends an inclusive message to our community members that Navajo Nation is ready to have this conversation." The resolution will next go to the Health, Education, and Human Services Committee and then the Naa'bik’iyati’ committee.
On August 27, 2019, the legislation passed the Health, Education, and Human Services Committee, sending it to the Naabik'íyáti' Committee for approval by the Navajo Nation Council.