Ysleta del Sur Pueblo v. Texas

The Court's dynamic reference standard meant the tribes' gaming rights were not frozen at the Restoration Acts' enactment but instead tracked what Texas law permits non-tribal entities at the time of the dispute. The tribes could offer bingo and other gaming if comparable activities were lawful for charitable operators or other non-tribal entities under current Texas law, rather than facing a permanent bar simply because Texas had broadly prohibited gaming when the Acts were passed. This framework required courts to conduct factual comparisons between the specific games the tribes sought to offer and the games Texas law currently authorized for non-tribal actors. The outcome thus depended on whether the tribes could demonstrate legal equivalence between their proposed gaming and gaming forms that Texas law had come to permit elsewhere.