ALL Native Children Are Protected
ICWA Is Upheld!
What is the Issue?
On November 9, 2022 the Supreme Court will hear oral arguments on the constitutionality of the Indian Child Welfare Act (ICWA) — a 44-year-old law that was put into place to address the systemic removal of Native children from their families, communities, and culture.
If the Supreme Court decided to dismantle ICWA, it would have devastating effects not only on Native children and communities but for Tribes’ inherent right to self-govern and determine what is best for their citizens.
UPDATE: June 15, 2023 (via Indian Country Today)
Supreme Court affirms ICWA!
The Supreme Court handed down a major decision Thursday in the Haaland v. Brackeen case, affirming the constitutionality of the Indian Child Welfare Act by a 7-2 vote.
Justices Clarence Thomas and Samuel Alito were the lone justices to dissent.
The decision represents a major victory for federal Indian law and tribes across the nation.
Indigenous Pride LA Statement on the Supreme Court of the United States Upholding the Indian Child Welfare Act
June 15, 2023
To our family, relatives, friends, community, colleagues, and other relations:
It is with great joy and immense relief the Committee is feeling today that the Supreme Court of the United States voted to uphold the Indian Child Welfare Act (ICWA). The ICWA is a federal law that requires and mandates any Native child to be placed with [in priority order], firstly, any extended Native family member, secondly, a foster home by the Tribe, thirdly, by a state or private agency for Native children, and finally, any institution approved by any Native Tribe. ICWA is a 44 year old law passed in 1978 after centuries of unethical and genocidal adoption and kidnapping tactics of Native children. These inhumane tactics were historically used by the United State’s government, countless Christian, Catholic, Mormon, and other Abrahamic religious institutions as well general non-Native individuals for the purpose of the eradication of traditional Indigenous cultures. In addition, with the invention of the American Indian Boarding Schools, Canadian Residential Schools, and Latin American mission systems, the unethical and genocidal adoption and kidnapping of Native children also greatly contributed to the loss and distortion of many Two Spirit lifeways that, since time immemorial, nourished, encultured, and included all Native children in all aspects of various Native tribes.
Like all our Native relatives, many of the Committee members have been seriously afflicted with anxiety, depression, and intense fear of losing our culture, heritage, traditions, and language. This comes after a string of anti-Native rulings the Supreme Court of the United States have issued. Our children are our future. Without them, we cease to exist.
Today, our future is protected.
Two Spirit children are protected.
Indigiqueer children are protected.
Native lesbian children are protected.
Native gay children are protected.
Native bisexual children are protected.
Native transgender children are protected.
Native queer children are protected.
Native pansexual children are protected.
Native intersex children are protected.
Native asexual children are protected.
All Native children are protected.
This is a time for great joy, prayers, happiness, sorrows, venting, and all ways we as Native beings use to express our emotional, physical, mental, and spiritual wellbeing.
Today and onwards, let’s continue fighting for, mentoring, and championing more policies and laws that will benefit all Two Spirit, Indigiqueer, Queer, Trans, and Native children.
-Indigenous Pride LA
Yuè Begay | She/Her | Diné (Navajo)
Ezak Perez | They/Them, He/Him | Hopi & P'aéaekilâ Pueblo
Gabriela Leon | She/Her | Yeome (Yaqui)
Committee Member & CATSS Co-Chair
Hudson Tibbetts | He/Him | Aniyunwiya (Eastern Cherokee) & Nanticoke
Committee Member & CATSS Co-Chair
Gabriel Estrada | Yehuat, i- & Ze, Zir | Chicana/Mexicana, Chihene, Rarámuri, & Xochipilteca Nahua
Alma Rivas | She/Her | Purépecha
Read More About the Indian Child Welfare Act
"The purpose of the Indian Child Welfare Act (ICWA) is '...to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture... '(25 U.S. C. 1902). ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases."
Read the Indian Child Welfare Act
Public Law 95-608 Nov 8, 1978 via congress.gov
Read up on the case "Brackeen v. Haaland"
Brackeen v. Haaland, No. 18-11479 (5th Cir. 2021) via law.justic.com