By Andrea Plaid
As you know, the US Supreme Court (SCOTUS) did the One Step Forward/Three Steps Back Dance when it came to rights for marginalized people. The Supreme Court ruled in favor of same-gender marriage and made rather questionable rulings regarding affirmative action and the Voting Rights Act (VRA), the justices’ ruling negatively impacted Native American nations’ right to their children and, ultimately, tribal self-determination. Colorlines’ Aura Bogado explains in the most popular post of this past week:
In a 5 to 4 decision today, the Supreme Court ruled that the Indian Child Welfare Act (ICWA) does not block termination of a Native father’s parental rights. The court appears to have ruled as if it was deciding the issue based on race—when a better lens to understand the case, called Adoptive Couple v. Baby Girl, is through tribal sovereignty.
First, some quick background on the case and on ICWA itself [sic]. Christy Maldonado gave birth to a baby in 2009 whose father, Dusten Brown, is a citizen of the Cherokee Nation. Because of self-determination, the Cherokee Nation decides who its citizens are—and because Dusten Brown is Cherokee, his baby, named Veronica, is Cherokee as well. Maldonado and Brown lost touch by the time the baby was born, and Brown was never informed of the baby’s birth. Maldonado decided to put the baby up for adoption, and a white couple named Melanie and Matt Capobianco took Veronica into pre-adoptive care.
So what does ICWA do? The act was created because of incredibly high rates of white parents adopting Native children; in states like Minnesota, that have large Native populations, non-Natives raised 90 percent of Native babies and children put up for adoption. Those adoptions sever ties to Native tribes and communities, endangering the very existence of these tribes and nations. In short, if enough Native babies are adopted out, there will literally not be enough citizens to compose a nation. ICWA sought to stem that practice by creating a policy that keeps Native adoptees with their extended families, or within their tribes and nations. The policy speaks to the core point of tribal sovereignty: Native tribes and nations use it to determine their future, especially the right to keep their tribes and nations together.
But leave it to the Supreme Court to miss the point altogether this morning. The prevailing justices failed to honor tribal sovereignty in today’s ruling.