November 7, 2018
The Constitution guarantees equal protection to all Americans. But state and federal law denies equal protection for children of Native American ancestry. In a new video, the American Enterprise Institute’s Naomi Schaefer Riley explains how the Indian Child Welfare Act of 1978 (ICWA) has adversely impacted Native American children by putting the interests of tribes ahead of kids.
[youtube https://www.youtube.com/watch?v=KLhF3vmB_6k&w=560&h=315]
Under ICWA, these vulnerable kids are subjected to a separate, less-protective set of laws solely because of their race—laws that make it harder to protect them from abuse and neglect and virtually impossible to find them loving, permanent adoptive homes. The Goldwater Institute is fighting in courts nationwide to ensure that Indian children have the same constitutional protections afforded their peers of other races.
ICWA is a complicated law with many constitutional problems. Among other things, it:
Read more about ICWA and how the Goldwater Institute’s Equal Protection for Indian Children project is devoted to ensuring that the individual rights of vulnerable kids take precedence over racial considerations.
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