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Supreme Court divided on law that gives preference to Native families in adoption proceedings

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Supporters of the law that set a preference for placing a child with a member of their extended family or other tribe members say it has worked to keep Native American children with their families.

Participants listen during a rally in support of three-year-old baby Veronica, Veronica's biological father, Dusten Brown, and the Indian Child Welfare Act, in Oklahoma City, Monday, Aug. 19, 2013.

Justice Brett M. Kavanaugh questioned whether it was appropriate or constitutional to prevent such an adoption simply because the couple are “the wrong race.” The law also set a “preference” for placing a child with a member of his or her extended family, with other members of the tribe or with other Native American families.

In this March 13, 2019, file photo, Tehassi Hill, tribal chairman of the Oneida Nation, stands outside a federal appeals court in New Orleans, following arguments on the constitutionality of a 1978 law giving Native American families preference in adoption of Native American children.

 

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