ADOPTIVE COUPLE V. BABY GIRL (2013)

In the long history of the United States, there have been few victories for Native tribes. The US genocidal policy transitioned into less obvious means of ethnic cleansing, such as child theft, erasure of Native identity, and physical disruption of tribal communities. The Indian Child Welfare Act (1978) arose as a fitful response to this abuse. Congress heard reams of testimony on how the systematic kidnapping of Indian children caused severe emotional and mental trauma in those taken, and literally stole the future of tribal communities. The ICWA was passed as a direct attempt to end this epidemic of child theft.

While the ICWA was a victory for Native families, the case of Adoptive Couple v. Baby Girl illustrates how courts can undermine even social or legislative successes. The struggle continues to erect legal and regulatory safeguards for Native sovereignty. The ACLU stands with tribal authorities to contest the abuse and exploitation of Native persons.