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The Indian Civil Rights Act confers specific rights on persons subject to tribal jurisdiction, including the right to equal protection of the laws. Some
The Indian Civil Rights Act confers specific rights on persons subject to tribal jurisdiction, including the right to equal protection of the laws. Some tribal membership codes make distinctions based on gender, extending eligibility for membership to children of male members who marry outside the tribe but not to children of female members who marry outside the tribe. Could a mother and child bring an action in federal court challenging this distinction under the equal protection provision of ICRA?
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Yes a mother and child could potentially bring an action in federal court challenging the genderbased distinction in tribal membership codes under the ...Get Instant Access to Expert-Tailored Solutions
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