In most instances, all or most of us will not be experts — or perhaps have no experience — in the realm of the topic being discussed.
Thus, as active participants in the discussion, we may be asked to speculate or “guess” about certain aspects as to why a certain condition or situation exists or what has led up to this point in time. You may also be asked to opine on what outcome the actions being discussed may bring in the future. Your thoughts on the matter add to the discussion and open our minds to ideas or possibilities that we may not have considered, so please don’t be afraid to bring forth your theories or speculations.
As usual, I try to find neutral or non-partisan sources of news on these challenging topics. The sources used are listed below. I also thought it was interesting that this story is addressing an important societal issue in Colorado, Utah and many western states in particular.
For a more detailed understanding, I highly recommend taking a few moments to review the source content at the links below. Excerpts are provided with proper citation.
Here is the headline and summary of several articles in case you don’t have time to read all the cited sources:
The Indian Child Welfare Act (ICWA) Goes Before the U.S. Supreme Court
“The Indian Child Welfare Act of 1978 is a United States federal law that governs jurisdiction over the removal of Native American children from their families in custody, foster care and adoption cases. It gives tribal governments exclusive jurisdiction over children who reside on, or are domiciled on a reservation.” Wikipedia
A case before the U.S. Supreme Court has Native Americans in Utah and other states concerned the outcome could revive the centuries-old practice of separating indigenous children from their families. The court will decide the constitutionality of the Indian Child Welfare Act (ICWA.) The 1978 law ended the practice of forcibly placing native children in nonnative homes or in “Indian boarding schools” to assimilate them into white culture. Dozens of tribes and ACLU chapters have filed briefs urging the high court to uphold the Act.(1)
When the U.S. Supreme Court hears oral arguments Nov. 9, 2022 on an Indian Child Welfare Act case, Brackeen versus Haaland, its decision will decide the constitutionality of the act, which has been in place since 1978.(2)
The law as enacted by Congress after the federal government recognized that state child welfare and private adoption agencies separated large numbers of Native American children from their parents, extended families and communities over the previous century. Such separations also took place during the federal Indian boarding school era, when hundreds of thousands of Native American children were forcibly removed from their homes and placed in boarding schools to assimilate into American culture.(3)
But now the constitutionality of the law is being called into question through four different cases consolidated under Brackeen v. Haaland. Plaintiffs include several non-Native couples trying to adopt or foster children from tribal nations, a woman who wants her child of Native descent to be adopted by non-Native people, and the states of Texas, Louisiana and Indiana.
At the center of Brackeen v. Haaland is Chad and Jennifer Brackeen, a Texas couple who fostered a baby eligible for membership in both the Navajo and Cherokee tribes. The Brackeens tried to adopt the boy after his parents voluntarily ended their parental rights, but the state denied their request when the Navajo Nation found a potential home with a Navajo family.
After going to the court, the Brackeens successfully adopted the boy in 2018 when the placement with the Navajo family failed, but now the couple is looking to adopt the boy’s younger half-sister.
Of course the case(s) are very complicated with “legalese,” but the intent of this post is to raise awareness of this critical case (potentially) impacting Indigenous People across the entire United States.
A quick search of “Indian child welfare act supreme court 2022” will return extensive information about the situation and the potential outcomes.
Sources:
.) https://www.publicnewsservice.org/2022-10-25/native-american…
2.) https://www.nhonews.com/news/2022/sep/13/tribes-wait-supreme….
3.) https://thehill.com/changing-america/respect/equality/361414…
4.) Ibid.
Discussion Questions:
- Were you previously aware of the Indian Child Welfare Act?
- Is there a large indigenous population in your area?
- Based on what you read above, additional research, or your own first-hand knowledge of this topic, what are your first impressions of the case(s)?
- Do you feel the original Act was well-founded, well-intentioned and appropriate?
- Any thoughts on how you feel the case may be decided?
- Cases like these take so long to wind their way through the court system; what do you imagine is the impact on the families and the children impacted directly by this case and those who may have adoptions pending?
I would very much like to hear your responses to the above discussion questions in the comments, KEEP THEM CIVIL PLEASE — it’s a discussion, not a shouting match.
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This post was previously published on MEDIUM.COM.
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You may also like these posts on The Good Men Project:
Escape the Act Like a Man Box | What We Talk About When We Talk About Men | Why I Don’t Want to Talk About Race | The First Myth of the Patriarchy: The Acorn on the Pillow |
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