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ERIC Number: ED163522
Record Type: Non-Journal
Publication Date: 1978-Jul
Pages: 26
Abstractor: N/A
Reference Count: N/A
Communication Implications of the "Martinez" Case for the Santa Clara Pueblo.
Lujan, Philip D.
In "Martinez vs. Santa Clara," an Indian woman sought to overturn a tribal decision made by the Santa Clara Pueblo, in which tribal enrollment had been denied to her children. The case raised legal issues that are related to the Indian Civil Rights Act (ICRA) and to the relationship of the United States Constitution to tribal law. The ICRA, which deviates from the Constitution in some important respects related to cultural rights, was enacted with a concern for strengthening tribal governments and out of respect for tribal autonomy. However, the result of the act has been to pose more questions than it redresses. A major difficulty raised by the act is maintaining the rights of a group that has its own culture, tradition, and self-government within the boundaries of the United States. Sometimes, as in the Martinez case, tribes are unwilling to discuss underlying but secret issues in court. Although Indian tribal courts systems have improved in recent years, the amount of cultural diversity the American society will allow is still not clear, and though the Martinez case relieved a particular situation, questions have been left unanswered that will come before the courts in the future. (TJ)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A