Three white families have filed suit, claiming a child custody law that requires Native American children be placed in another Native home whenever possible violates constitutional protections against race-based discrimination.
of child welfare policies and make the case that custody decisions involving all children should also weigh familial and cultural considerations.
“Just as they did throughout the 17th, 18th, 19th, and 20th centuries, conservative groups and Christian organizations are funneling huge sums of money to dismantle ICWA in the 21st century, striking at the very heart of tribal sovereignty: the right to raise and educate each nation’s children and determine futures without colonial interference on the lands to which they belong and control.
“A more narrowly tailored law, focusing on protecting Indian parents who affirm their Indian identity from having their child's fate determined by non-Indian courts to the detriment of their Indian heritage, might well be constitutional. This law is not.” — David Bernstein,“It would put at risk every treaty, every property and political right and every power that Indian nations possess today. All of a sudden, lands would be owned by ‘a race of Indian people,’ not a tribal government.
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