Case Particulars

Tribunal

Town of Plymouth, Massachusetts

Date Filed

July 21, 2026

Docket No.

N/A

Case Status

Demand Letter Sent

Case Overview

The Equal Protection Project (EPP) and Pacific Legal Foundation (PLF) sent a letter to the Plymouth, Massachusetts requesting that it eliminate ancestry-based eligibility criteria for two seats on the Plymouth Historical Commission. The letter explains that reserving the seats for members of the Herring Pond Wampanoag Tribe likely violates the Equal Protection Clause of the Fourteenth Amendment because it limits eligibility for public office based on ancestry.

The letter explains that, outside the limited federal Indian-law context, tribal membership operates as a proxy for ancestry and race and therefore is subject to strict scrutiny. Citing the Supreme Court’s decision in Students for Fair Admissions v. Harvard, the letter notes that government classifications based on race are constitutional only in exceedingly narrow circumstances, such as remedying specific instances of past discrimination by the government or addressing imminent threats to human safety. According to the letter, Plymouth has identified neither justification for reserving the commission seats.

The demand letter details that during public meetings in December 2025, members of the Select Board proposed expanding the Historical Commission by two seats specifically for members of the Herring Pond Wampanoag Tribe to increase their representation. The Board subsequently voted to advertise two additional commission seats with preference for tribal members, and the Historical Commission’s website identifies Seats 6 and 7 as Herring Pond Wampanoag Tribe positions, effectively creating a permanent ancestry-based quota for those positions.

EPP and PLF requested that the Town inform them by July 31, 2026, whether it intends to eliminate tribal membership as an eligibility criterion for serving on the Historical Commission. The organizations stated they would determine whether further legal action is warranted after receiving the Town’s response.