The Supreme Court recently ruled that the Indian Child Welfare Act should be upheld. However, the Court noted that plaintiffs can still argue against this law. In making the decision, the Supreme Court cited Congress’ power to enact this law. However, the Court left room to challenge the new adoption law. Plaintiffs can cite the equal protection argument when challenging this law.
“According to the Indian Child Welfare Act, states are required to give preference to an Indian caretaker for an Indian child as long as one is available. However, if the child already lives with a non-Indian parent, the state has the power to decide whether or not the child should stay there,” says Family Law attorney Shawna Woods of the Atlanta Divorce Law Group.
This article comprehensively expounds on the new adoption law.
What the Constitution Says About Adoption
The U.S. Constitution recognizes tribes’ enduring place in American life and gives states jurisdiction over Indian affairs to ensure this. The federal government also reserves certain powers in the Constitution, which are intended to ensure lasting peace.
What You Should Know About the Indian Child Welfare Act
The Constitution gives Congress the authority to secure the rights of Indian parents. These rights include the following:
- The right to raise Indian children as the parents please
- The right for an Indian Child to grow up among people of their culture
- The right of the Indian community to protect their culture from becoming extinct
By enacting the new adoption law, the Congress has taken a step toward exercising its duty to secure the future of Indian families.
Disagreement With the New Act
The new law has faced some opposition since its enactment. Many couples have challenged this law, arguing that the law is unfair to them when they want to adopt Native American Children. The law appears discriminatory to these individuals. Since the law gives preference to Native Indian Americans in the adoption of Native American Children, the couples argue that the law has placed them on unequal footing with Native American parents. They believe that the law sees Native Americans as being given undue preference. According to these couples, this violates the equal protection clause in the Constitution. Taking up this argument, the plaintiffs filed that federal parties should be barred from enforcing the Indian Child Welfare Act.
However, the legislation remains jurisdictional. That is, state courts and agencies can apply this Act. The state of Georgia made a similar case; however, the equal protection rights argument could not succeed because they could not raise this argument against the federal government on behalf of their citizens. This is because they do not meet the Article III standing ground. To do this, they must connect the case to a personal injury. That is, the plaintiff must have suffered an injury in which the defendant is the guilty party. It is important that this injury be redressable in court via the requested relief. The problem is that it is difficult for both the state and the couples to meet this requirement.
Final Words: What the Solution Going Forward Looks Like
The Supreme Court can only be pushed to address the issue of equal protection rights if the plaintiff meets the Article III standing requirement. Conversely, some justices have opined that contrary to the Supreme Court’s ruling, Congress does not have the constitutional authority to override the state’s traditional authority in child custody proceedings. According to this school of thought, Congress cannot push for tribal interests to the detriment of children and their families. That is mainly because these children are vulnerable.
However, the American Bar Association fully supports the Supreme Court’s ruling. The Association recently filed an amicus brief to support the decision. According to them, Congress has constitutional authority to enact the Indian Child Welfare Act. Moreover, they argued that Congress had made the decision guided by the law. The Association noted that the Act will protect the interests of Indian parents and children. It will also guard against any form of discrimination against them and give them the needed legal protection to ensure the integrity of their family.
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