Supreme Court Upholds Native American Adoption Protections

The Supreme Court upheld the Indian Child Welfare Act of 1978, which aims to keep Native American adoptees within their tribes and traditions. The law prioritizes adoption by extended family members, then members of the tribe, and finally "other Indian families." The case pitted a white foster couple from Texas against five tribes and the Interior Department. The couple argued that the law violated equal protection principles and discriminated against Native children and non-Native families who wanted to adopt them. The tribes argued that doing away with the law could imperil nearly every aspect of Indian law and policy, including measures that govern access to land, water, and gambling.