Native American children’s protection against adoption by non-Indian families is before the Supreme Court

The Supreme Court is about to hear arguments about the constitutionality of a 1978 law enacted to protect Native American children in the U.S. and strengthen their families.

That law, the Indian Child Welfare Act, was originally passed by Congress in response to requests from tribal leaders and other advocates for Native Americans to stop states from removing Indian children from their families.

Now, in the case before the Supreme Court, non-Indians seeking to adopt or foster Indian children have challenged provisions of the law. The non-Indians say the law illegally discriminates against the Indian children based on their race and tells state officials what to do. As a federal Indian law scholar and the mother to two Indian children, I know that Indian status is a political, not a racial, designation.

The case threatens to reverse the social and health benefits experienced by Native children when raised in their tribal cultures. It could also limit Congress’ ability to enact laws affecting tribal governments and their citizens.

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