The court left in place the 1978 Indian Child Welfare Act, which was enacted to address concerns that Native children were being separated from their families and, too frequently, placed in non-Native homes
WASHINGTON — The Supreme Court on Thursday preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children, rejecting a broad attack from some Republican-led states and white families who argued it is based on race.
The leaders of tribes involved in the case called the outcome a major victory for tribes and Native children. “Our Nation’s painful history looms large over today’s decision. In the not-so-distant past, Native children were stolen from the arms of the people who loved them,” Biden said in a statement.
Three white families, the state of Texas and a small number of other states claimed the law is based on race and is unconstitutional under the equal protection clause. They also contended it puts the interests of tribes ahead of children and improperly allows the federal government too much power over adoptions and foster placements, areas that typically are under state control.
Among them was Justice Brett Kavanaugh, who was in the majority Thursday in favor of the tribes. But Kavanaugh injected a cautionary note in a separate opinion focused on the preferences for Native foster and adoptive parents. “Our main concern is what today’s decision means for the little girl, Y.R.J . — now five years old — who has been a part of the Brackeen family for nearly her whole life. The Court did not address our core claim that ICWA impermissibly discriminates against Native American children and families that wish to adopt them, saying it must be brought in state court,” McGill said in a statement.
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