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- cross-posted to:
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The US supreme court has ruled that Native American children can continue to be protected under federal law against being removed from their tribal communities for fostering or adoption, rejecting a petition from a white couple who argued that the provision was a form of racial discrimination.
Not necessarily. I think it’s more important that a child be placed with a loving family rather than that they be placed with someone that happens to share a lot of genes or a cultural heritage with their ancestors, and this court case says that those latter factors can override the former. It’s complicated.
If I understand correctly, the opinion explicitly focuses on Indian tribes as nations – i.e. legal entities – not races.