Santa Clara Pueblo v. Martinez

Abstract:     
Entry for the Encyclopedia of American Civil Liberties, forthcoming from Routledge. This entry describes the case of Santa Clara Pueblo v. Martinez, decided by the Supreme Court in 1978. Martinez held that federal courts had no subject matter jurisdiction to hear cases arising out of the Indian Civil Rights Act and that the Act did not operate to waive the sovereign immunity of Indian tribes. While a strong statement from the Court affirming tribal sovereignty, the case's holding served to uphold the right of the Santa Clara Pueblo community to enact membership criteria that discriminated against the rights of female members of the community. The case has been both criticized and lauded by feminist legal scholars and Indian people.

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