The Nooksack Tribe of Washington is trying to remove 306 people from the rolls. Photo from Facebook
A U.S. Supreme Court decision issued in 1978 continues to remain a popular topic in Indian Country. In Santa Clara Pueblo v. Martinez, the high court held that the Indian Civil Rights Act of 1968 did not authorize a lawsuit against Santa Clara Pueblo in New Mexico. The case arose in response to a discriminatory tribal law that bars membership to children of women who marry outside of the tribe while children of men in the same situation are not affected. Although disenrollment was not really a word uttered at the time, federal courts have repeatedly cited the decision in refusing to get involved in internal membership disputes. Still, 80 percent of respondents in an ongoing Turtle Talk poll believe the justices made the right call back in 1978 and a large majority -- 62 percent -- believe they would decide the case in a similar manner in 2015. At the same time, a growing number of people believe tribal disenrollments must be addressed in some fashion. Responses to other questions in the poll indicate support for looking at new ways to enforce the Indian Civil Rights Act or strengthen tribal courts and tribal institutions that handle membership matters. The National Native American Bar Association already has taken a big lead on the issue. A resolution and ethics opinion explained that tribes -- while retaining the sovereign right to determine their own identity -- should protect the due process rights of people who face disenrollment. Get the Story:
Turtle Talk Poll — The Enduring Legacy/Aftermath of Santa Clara Pueblo v. Martinez (Turtle Talk 8/28)
Related Stories
Steve Russell: Indian fighters take aim at
tribal disenrollments (8/24) Saginaw Chippewa Tribe wins decision in disenrollment dispute (08/20)
Steve Russell: Disenrollments represent modern termination (08/11)
Steve Russell: Small tribes get even smaller with disenrollment (8/4)
Steve Russell: The hypocrisy of race and Cherokee citizenship (7/28)
Nooksack Tribe disenrollment proceedings placed on hold again (07/14)
David Wilkins: Honor Seven Generations by ending disenrollment (06/19)
Documentary about Freedmen struggle premieres in Oklahoma (06/18)
Spokane Tribe bars disenrollment in amendment to constitution (06/09)
Gabriel Galanda: The tide is turning against tribal disenrollments (05/26)
David Wilkins: Disenrollments aren't about tribal sovereignty (05/12)
Gabe Galanda: Even Hollywood is taking on tribal disenrollment (04/27)
Saginaw Chippewa Tribe won't comment on disenrollment case (04/21)
Matt Remle: Disenrollment is a tool of colonialism and conquest (04/20)
Indian attorneys take a stand and denounce tribal disenrollment (04/13)
David Wilkins: Tribal leaders can't stay silent on disenrollment (04/06)
Judge approves disenrollment within Saginaw Chippewa Tribe (03/23)
David Wilkins: Even the dead can't escape tribal disenrollment (03/20)
9th Circuit won't interfere in Pala Band's disenrollment dispute (03/17)
Gabe Galanda: Disenrollments aren't an exercise in sovereignty (03/10)
Join the Conversation
