Santa Clara Pueblo v. Martinez
Encyclopedia
Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978), involved a request to stop denying tribal membership to those children born to female (not male) tribal members who married outside of the tribe. The mother who made the case pleaded that the discrimination against her child was solely based on sex, which violated the Indian Civil Rights Act of 1968
. The courts decided that "...tribal common-law sovereign immunity prevented a suit against the tribe." This decision ultimately strengthened tribal self-determination by further proving that generally, the federal government played no enforcement role over the tribal governments.
that has been in existence since at least the 15th century. Respondents, Julia Martinez, a full-blooded member of the Santa Clara Pueblo, and her daughter brought suit in federal court against the tribe and its Governor, petitioner Lucario Padilla, seeking declaratory and injunctive relief against enforcement of a tribal ordinance denying membership in the tribe to children of female members who marry outside the tribe, while extending membership to children of male members who marry outside the tribe. Respondents claimed that this rule discriminates on the basis of both sex and ancestry in violation of Title I of the Indian Civil Rights Act of 1968
, which provides in relevant part that "[no] Indian tribe in exercising powers of self-government shall . . . deny to any person within its jurisdiction the equal protection of its laws."
are barred by the tribe's sovereign immunity from suit, since nothing on the face of the ICRA purports to subject tribes to the jurisdiction of federal courts in civil actions for declaratory or injunctive relief. Nor does the ICRA impliedly authorize a private cause of action for declaratory and injunctive relief against the Pueblo's Governor. Congress' failure to provide remedies other than habeas corpus for enforcement of the ICRA was deliberate, as is manifest from the structure of the statutory scheme and the legislative history of Title I.
Indian Civil Rights Act of 1968
The Indian Civil Rights Act of 1968 applies to the Indian tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable within the tribes. The Act appears today in Title 25, sections 1301 to 1303 of the United States Code.- Events before passage of...
. The courts decided that "...tribal common-law sovereign immunity prevented a suit against the tribe." This decision ultimately strengthened tribal self-determination by further proving that generally, the federal government played no enforcement role over the tribal governments.
Facts
Petitioner Santa Clara Pueblo is an Indian tribeIndian tribe
In the United States, a Native American tribe is any extant or historical tribe, band, nation, or other group or community of Indigenous peoples in the United States...
that has been in existence since at least the 15th century. Respondents, Julia Martinez, a full-blooded member of the Santa Clara Pueblo, and her daughter brought suit in federal court against the tribe and its Governor, petitioner Lucario Padilla, seeking declaratory and injunctive relief against enforcement of a tribal ordinance denying membership in the tribe to children of female members who marry outside the tribe, while extending membership to children of male members who marry outside the tribe. Respondents claimed that this rule discriminates on the basis of both sex and ancestry in violation of Title I of the Indian Civil Rights Act of 1968
Indian Civil Rights Act of 1968
The Indian Civil Rights Act of 1968 applies to the Indian tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable within the tribes. The Act appears today in Title 25, sections 1301 to 1303 of the United States Code.- Events before passage of...
, which provides in relevant part that "[no] Indian tribe in exercising powers of self-government shall . . . deny to any person within its jurisdiction the equal protection of its laws."
Issue
Whether a federal court may pass on the validity of an Indians tribe's ordinance denying membership to the children of certain female tribal members.Holding
Suits against the tribe under the Indian Civil Rights Act of 1968Indian Civil Rights Act of 1968
The Indian Civil Rights Act of 1968 applies to the Indian tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable within the tribes. The Act appears today in Title 25, sections 1301 to 1303 of the United States Code.- Events before passage of...
are barred by the tribe's sovereign immunity from suit, since nothing on the face of the ICRA purports to subject tribes to the jurisdiction of federal courts in civil actions for declaratory or injunctive relief. Nor does the ICRA impliedly authorize a private cause of action for declaratory and injunctive relief against the Pueblo's Governor. Congress' failure to provide remedies other than habeas corpus for enforcement of the ICRA was deliberate, as is manifest from the structure of the statutory scheme and the legislative history of Title I.
See also
- Justice William RehnquistWilliam RehnquistWilliam Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
- List of United States Supreme Court cases, volume 436
- Indian Civil Rights Act of 1968Indian Civil Rights Act of 1968The Indian Civil Rights Act of 1968 applies to the Indian tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable within the tribes. The Act appears today in Title 25, sections 1301 to 1303 of the United States Code.- Events before passage of...
- Santa Clara Indian ReservationSanta Clara Indian ReservationThe Santa Clara Indian Reservation is an Indian reservation in north-central New Mexico, USA. It is the homeland of a branch of the Pueblo people of Native Americans. The reservation lies on 76.73 sq mi of southern Rio Arriba, northeastern Sandoval, and northern Santa Fe Counties...