A Coquille Indian Tribe member is challenging a recent decision by the Tribal Council to allow domestic partnerships and marriages regardless of sexual orientation.

Brady Metcalf, who lives in Pahoa, Hawaii, said he believes the Marriage and Domestic Partnership Ordinance should be placed on a special tribal ballot, allowing the general council to weigh in on the topic. The general council includes every adult tribal member, of which there are about 580.

“I think it’s too big of an issue to be decided upon by six people who may or may not have their own agenda,” Metcalf said Monday.

He said he’s been circulating a petition to get it on a special ballot, but he emphasized that he isn’t opposed to gay marriage. The 46-year-old simply believes the entire tribe should put it to a vote.

“My personal opinion. I think that if gay people want to get married, they should get married. And if it doesn’t work out, they should have custody battles, and divide property just like anyone else,” Metcalf said. “(But) they’re making rules that are binding on everyone that are going to benefit two people.”

According to Tribal Attorney Brett Kenney and the May edition of tribe’s newsletter “Coquille Tribal Tidbits,” the new tribal law does two things. It recognizes marriages and domestic partnerships formed in other jurisdictions, such as tribes, states, countries and provinces, for the purposes of extending tribal spousal or domestic partner benefits.

Secondly, the law authorizes new marriages under tribal law between both homosexual and heterosexual couples, when at least one person is a tribal member. However, these marriages can’t be initiated until the Tribal Council adopts follow-up laws addressing divorce and child custody. Kenney said it will take at least another four to five months for these potential laws to be reviewed.

“That law has been passed ... but those marriages will not begin until we can deal with the break up of those marriages under our legal system,” Kenney said.

He added that both portions of the ordinance recognize marriages and domestic partnerships regardless of the gender of the two people involved. However, there are some restrictions, such as the two parties can’t be first cousins or any closer kin or under the age of 18.

The first couple expected to take advantage of the new ordinance is Jeni and Kitzen Branting. They are planning a May wedding at the tribe’s plankhouse. Attempts to reach Kitzen Branting were unsuccesful.

Kenney said the Tribal Council adopted the ordinance on May 8, following more than six meetings and workshops and about a year after tribal members raised the question of the tribe honoring same-sex relationships involving tribal members. The ordinance passed in a 4-2 vote. Kenney would not reveal the council members opposed to the proposition. He added that the council accepted written and verbal testimony from the general council through a 90-day comment period, starting Feb. 7. Notices regarding the potential ordinances were posted at locations on tribal property including the clinic, housing authority and tribal headquarters, Kenney said. A notice also appeared in the tribal newsletter.

Regarding a petition, Kenney said no Tribal Council members have expressed concerns.

“The only comments I’ve heard is that the tribe welcomes tribal member involvement in the legislative process and that they have no desire to interfere with and expressed no angst over this petition,” Kenney said.

However, if Metcalf is able to collect one-third or more signatures — about 200 — from the tribe’s general council members, a special election could become a reality. The signatures would be presented to the tribe’s election board, Kenney said, but there is no deadline to do so.

“If that happens, then there is an election,” the tribal attorney said.

Metcalf said he’s been circulating petitions via tribal members in the Coos Bay area and within the tribe’s five county service area. He also sent about 600 petitions on the back of candidacy letters he mailed while running for vice chairman. The co-owner of an auto parts store lost the race last week to incumbent Thomas Younker, he said, by 39 votes. Metcalf also serves on the tribe’s fish and wildlife committee.

So far, he’s received more than 60 signatures, he said. Metcalf noted that his issues with the ordinance are over the wording, that the tribe would have to keep records of marriage licenses and certificates, and that the ordinance goes against Oregon and federal law.

“It seems like something we don’t need to get involved in,” Metcalf said. “I don’t know why we want to go into the marriage business. I don’t understand that at all.”