Supreme Court Upholds Native American Adoption Law, Indian Child Welfare Act in Landmark Ruling

Supreme Court Native American Adoption Law Indian Child Welfare Act

By E.Baloyo , Parent Herald Jun 16, 07:44 pm

Photo: (Photo : CHANDAN KHANNA / Getty Images)

In a groundbreaking decision, the Supreme Court has upheld the Indian Child Welfare Act (ICWA) and affirmed the Native American adoption law, solidifying the protection of tribal identity and the well-being of Native American children.

The 7-2 vote delivered a resounding victory for Native American communities, rejecting a challenge that sought to invalidate key provisions of the ICWA.

According to USA Today, the 7-2 majority decision dismissed a series of claims challenging the ICWA's provisions, including the preference given to Native Americans seeking to adopt or foster Native American children.

One of the significant provisions of the ICWA, subject to challenge, is the preference given to Native Americans in adoption and foster care proceedings involving Native American children.

Preserving Native American Family Ties: The Supreme Court's Verdict

In a ruling authored by Justice Amy Coney Barrett, the Supreme Court emphasized that the challengers lacked legal standing to contest the alleged violation of the equal protection clause of the 14th Amendment on the grounds of race discrimination.

Barrett's opinion noted that state courts, not the federal government, enforce the preference provisions and handle child placement, making the claims outside the purview of federal jurisdiction.

However, the court's ruling left open the question of whether the preference provisions constitute race discrimination.

Conservative Justice Brett Kavanaugh, in a concurring opinion, acknowledged the seriousness of the issue and suggested that it should be addressed in a future case.

Notably, the majority opinion affirmed Congress's authority to legislate on Native American family law, rejecting challenges that sought to limit its jurisdiction.

As reported by the BBC, the primary individuals initiating the case were Chad and Jennifer Brackeen, a Caucasian couple residing in Fort Worth, Texas.

They contended that the Indian Child Welfare Act (ICWA) constituted racial discrimination, thereby violating the equal protection guarantee enshrined in the US Constitution.

The Navajo Nation expressed opposition to the Brackeens' efforts to foster a five-year-old girl, subsequent to their prior adoption of her older half-brother.

Matthew McGill, the attorney representing the plaintiffs, stated that his clients are concerned about the implications of the Supreme Court's decision for the child they endeavored to adopt.

McGill emphasized that the young girl has been an integral part of the Brackeen family for nearly her entire life.

Moreover, McGill noted that the Supreme Court did not specifically address his clients' fundamental argument asserting the discriminatory nature of the ICWA.

As a result, the couple intends to raise this issue during an upcoming adoption trial in a state court.

Relief for Native American Tribes: Upholding Tribal Identity and Native Children's Rights

The Supreme Court's decision has brought immense relief to Native American tribes, who were deeply concerned about a potential weakening or complete invalidation of the ICWA.

The law plays a crucial role in preserving tribal identity and preventing the disproportionate removal of Native American children from their families by state and federal entities, historically aimed at assimilating them into an English-speaking, Anglo-centric society.

Leaders from various tribes expressed their satisfaction with the ruling and its implications.

As per NBC News, Buu Nygren, the president of the Navajo Nation, described the 7-2 vote as a significant moment that showcased the Supreme Court justices' support for Indian Country.

Chuck Hoskin, the principal chief of the Cherokee Nation, acknowledged that while future challenges may arise, the ruling represents a solid victory for an important law.

Several Native American tribes, including the Navajo Nation, Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation, actively defended the ICWA at the Supreme Court.

Their collective efforts and the court's ruling have reinforced the significance of tribal sovereignty and the protection of Native American children's well-being.

It is worth noting that the court has yet to render a decision on a significant race-related case concerning the consideration of race in college admissions, which remains under consideration.