Tag Archives: Brackeen v. Zinke

The Indian Child Welfare Act Under Attack Again

Over at Turtle Talk, you can read the federal court decision coming out of the northern district of Texas in the case of Brackeen v. Zinke.  Judge Reed O’Connor has held that the Indian Child Welfare Act of 1978 is unconstitutional because it grants to Native American children special treatment on the basis of their race. The Brackeen’s provided foster care for a Native American child, but they were prohibited from adoption because of the ICWA.  You can read Judge O’Connor’s decision here, and more about the Indian Child Welfare Act in Native America.   The case will be appealed.