LINCOLN, Neb. (Nebraska Examiner) — The American Civil Liberties Union of Nebraska joined its national office and 11 other ACLU state affiliates this week in filing an amicus brief with the U.S. Supreme Court in support of upholding the constitutionality of the Indian Child Welfare Act.
The Supreme Court has scheduled oral arguments on a legal challenge to the act in November in the case, Brackeen v. Haaland.
ICWA was adopted in 1978 to reverse decades of family separation policies involving Native American families. It requires courts to make efforts to keep Native families together and gives preference in foster care placements to Native homes.
The Nebraska Indian Child Welfare Actbuilds on the federal protections by clarifying state policies and procedures regarding implementation of ICWA.
“All Native children should know who they are and be connected to their families and tribal communities,” said Misty Flowers, executive director of the Nebraska Indian Child Welfare Coalition Inc. and a member of the Santee Sioux Nation.
The State of Texas, which is leading the challenge of ICWA, argues that states should have more power over foster child placement and that the law is unconstitutional.
The ACLU’s brief argues that the Indian Child Welfare Act is constitutional. According to a press release, it also urges the Supreme Court to uphold the centuries-long legal precedent upholding tribal sovereignty — including tribes’ right and ability to preserve their unique cultural identities, raise their own children and govern themselves.
A ruling in the ICWA case is not expected until next year.
Nebraska Examiner is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Nebraska Examiner maintains editorial independence. Contact Editor Cate Folsom for questions: info@nebraskaexaminer.com. Follow Nebraska Examiner on Facebook and Twitter.
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