santa clara pueblo v martinez 1978. julia martinez a full-blooded member of the santa clara pueblo tribe sued her tribe and its governor in new mexico federal court the tribe denied membership to children of female members who marry outside the tribe in contrast the children of male members who marry outside the tribe were extended membership martinez argued that the ordinance discriminated against her sex and ancestry violating the indian civil rights act of 1968. according to the act no indian tribe could quote deny to any person within its jurisdiction the equal protection of its laws unquote she argued that this also is a violation of the equal protection clause of the 14th amendment to the constitution the case went all the way to the u.s supreme court in a 7-1 decision the supreme court ruled that since the santa clara pueblo tribe enjoyed tribal sovereignty and the existence of its tribe predates that of the u.s constitution the tribe has the power to decide its own membership unless it is abrogated by congress since nothing in the indian civil rights act of 1968 abrogated its power to decide membership or abrogate its sovereign immunity under the 11th amendment the suit against the tribe for injunctive relief could not be heard in federal court