Should Native Americans get preference over White people in adopting Native children? The Supreme Court may decide.
Throughout its history, the US has adopted policies that threatened to wipe out Native American tribes and their cultures – or as one Army officer put it, “kill the Indian in him, and save the man.” A lawsuit now before the Supreme Court, tribal nations argue, has the potential to do the same. The Supreme Court heard oral arguments Wednesday in Haaland v. Brackeen, a series of consolidated cases that seek to overturn the Indian Child Welfare Act.
But Kate Fort, director of the Indian Law Clinic at Michigan State University, said that courts must consider the child’s best interests, which in this case happens to include a child’s connection to their tribe, culture and community. “ICWA doesn’t supplant or erase the best interest of the child. It supplements it,” she said. When a Native child is placed in foster care, the arrangement is generally considered temporary, Fort said.
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