I received this message this morning, and I've been asked to pass it on to
interested parties. Please forward this information to anyone and everyone.
This is urgent! This court case will be challenging the consitutionality of
the Indian Child Welfare Act....if the courts rule in favor of the adopted
couple, then Indian families and tribes will once again lose their ability
and rights with regards to the welfare of their children.
Blessings,
Marie
Date: Sun, 28 Jan 96 23:05:45 0000
From: Mark Fiddler <icwalaw@maroon.tc.umn.edu>
Organization: Indian Child Welfare
To: fouche@rmii.com
X-URL: http://rainbow.rmii.com/~fouche/
Nice job on the "Lost Bird" page! I thought I'd send you an update on
the Georgia ICWA case:
A major breakthrough came in December 1995 when, shortly a hearing date
came up in state court the Leech Lake Band of Chippewa joined the legal
battle on the side of the mother and her family who are tryng to get
their baby boy back. We colectively changed strategy and decided to
forego a state court battle and instead file suit in federal district
court (in Atlanta). Thus the Leech Lake Band and "Jessica" (the mother)
have filed a joint lawsuit against the adoption agency and the adoptive
couple who refuse to return the baby boy to the mother (and her family,
with who she lives).
The defendants answered by claiming that the Indian Child Welfare Act is
unconstitutional!! This attack means that the United States of America
may become a party (through the Department of Justice) since the
constitutionality of a federal statute is being challenged. The
defendants have tried to get a state court "gag order" so that we cannot
let Indian Country or the media know about the case. Before we are
precluded from talking, please spread the word...Indian people and
tribes everywhere must be aware of these attacks on the Indian Child
Welfare Act. Never should an adoption agency, an adoptive couple, or a
state court be allowed to tell tribal people that they aren't Indian!
That's what they are doing in this case. We still are in desparate need
of donations, as our costs are mounting rapidly. Any help would be
appreciated. We will be moving for summary judgment soon.
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I will keep you posted.
Thank you for your interest and support.