> 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...
> 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.
The California Court of Appeals recently ruled that ICWA is
unconstitutional, they based it on racial grounds and applied strict
scrutiny.
Between this case and the recent 8th Circuit decison which found part
of that part of the IRA is unconstitutional (hopefully we'll get a
re-hearing en banc and have this ruling overruled), the theories and
policies on which Indian Law is built are seriously being overlooked
and as a result the courts are doing a slash & burn expedition through
Indian law.
Brian Z.