RIGHTS AND PRIVILEGES OF STATE CITIZENSHIP

While off their reservations, Indians are subject to the same laws, both federal and state, as are other citizens. When brought before state or federal courts, they are entitled to the same Constitutional protections as other defendants.

As a general matter, Indians are also entitled to the same federal and state benefits, programs and services as other state and federal citizens. From time to time, however, states have attempted to deny Indians participation in state programs on the grounds that their entitlement to special federal programs made them ineligible. A law of the state of California for example, declared that a local public school board could exclude Indian children from attending if the United States government maintained a school for Indians within the school district. The California Supreme Court held that the law violated the state and federal constitutions. (48)

One justification commonly used by states for excluding Indians from participation in state programs and state services has been that Indians do not pay taxes. The restricted status of Indian land renders it immune from state and local taxation and, with certain statutory exceptions, income derived from the land is likewise nontaxable. Other local, state and federal taxes commonly paid by citizens, including sales taxes, are paid by Indians. Indians pay state taxes on all non-trust property and are obligated for all fees and taxes for the enjoyment of state privileges, such as driving on state highways, and all other taxes which reach the entire population. (49)

All attempts to treat Indian citizens differently or to exclude them from state and local programs raise clear constitutional questions. As the chief counsel of the Bureau of Indian Affairs stated in a memorandum dated July 8, 1953, concerning the refusal of the state of North Dakota to admit and care for feebleminded Indian children in state schools under the same rules and conditions applicable to the admission and care of non-Indians, "such refusal [by the state] to treat Indians in the same manner as non-Indians would appear to deprive the Indians of equal protection of the laws guaranteed by the 14th Amendment to the federal Constitution."

NOTES:
48) Piper v. Big Pines School District, 193 Cal. 664, 226 pac. 926 (1924)
49) See memorandum, Solicitor for the Department of Interior, April 22, 1936, holding that the Social Security Act was applicable to Indians.


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