In a June 15, 2023, ruling, The Supreme Court affirmed constitutionality of the Indian Child Welfare Act (ICWA). The law, which was passed by Congress in 1978, protects and strengths Native families and was originally in response to tribal leaders petitioning the federal government to stop dismantling Native families. Before ICWA was passed, 25% to 35% of Native children were taken from their homes and over 90% were placed with non-Native families.
More specifically, the Indian Child Welfare Act recognizes the sovereignty of tribes and sets universal standards for custody proceedings, eliminating the tribe to tribe basis. By keeping families together, it reduces trauma as well as crime, alcoholism, and drug-addiction on already struggling reservations.
The law was challenged in 2017 by Texans and non-Natives who were seeking to adopt Native children. But, in a 7-2 majority, the Supreme Court rejected the petition claiming that by destroying this law, the Court would be robbing Native communities of their most valuable asset -- their children. This ruling also preserves Indigenous cultures and communities as children will be exposed to their own heritage, not "sheltered" by non-Native families.
The ruling, penned by Justice Barrett, states that "Congress's power to legislate with respect to Indians is well-established and broad. Consistent with that breath, we have not doubted Congress's ability to legislate across a wide range of areas, including criminal law, domestic violence, employment, property tax, and trade." The Court is practically throwing the question back to Congress and the States and failed to answer the question about preferential housing for Native youth.
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