The second case, Santa Clara Pueblo versus Martinez, concerned the Santa Clara Tribe's gender discriminatory kinship membership laws. Martinez claimed that she and her children were denied equal protection under the 1968 Indian Civil Rights act because Santa Clara Tribal membership was based on patrilineal descent. The Supreme Court ruled that jurisdiction over the suit belonged in Tribal Court, not United States courts. Neither an individual rights perspective nor a societal rights perspective support implications that can be drawn from these two Supreme Court cases. Only a group rights perspective supports implications that follow from these two findings.
Groups have the right to exist as groups.
Groups have the right to maintain their distinctness. The 1934 Indian Reorganization Act granted Indians the right to organize into sovereign Tribes with independent government and court systems. By the year 2000 over 550 sovereign Tribes have been recognized by the United States government. To govern themselves in a manner consistent with the cultural practices of each group. To guide the evolution of traditional institutions and customs in a manner consistent with the culture of each group.