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Broken Trust: Civil Rights in Indian Country
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A Short History of Indian Civil Rights
April 2001

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U.S. COMMISSION ON CIVIL RIGHTS STAFF MEMORANDUM:
CONSTITUTIONAL STATUS OF AMERICAN INDIANS

DOMESTIC RELATIONS

Indian tribes exercise wide latitude of power over the domestic relations of tribal members. Tribes normally conduct marriages and grant divorces (34) to the exclusion of state law, even though the Indians concerned are also citizens of the state. Indian customary marriage and divorce has generally been recognized by state and federal courts. (35) Tribes also have complete and exclusive authority to define and punish offenses against the marriage relationship, although, as with other civil matters, Congress may make state law applicable.

NOTES:
34) Marris v. Sockey, 170 F. 2d 599 (1948).
35) See Note, 13 Yale L.J. 250 (1904).

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