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Santa Clara Pueblo v. Martinez
''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.
==Facts==
Petitioner the Santa Clara Pueblo, is an Indian tribe 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 "() Indian tribe in exercising powers of self-government shall . . . deny to any person within its jurisdiction the equal protection of its laws."
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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