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submitted 1 year ago by WallaWallaWa@beehaw.org to c/news@beehaw.org

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.

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[-] IntlLawGnome@lemmy.ca 1 points 1 year ago

Gorsuch is a mixed bag at best on a lot of issues, but he has been as good as anyone could expect on Indigenous issues. Check out his concurrence in this case (starting on PDF page 43), which straightforwardly grapples with the history of forced family separations and residential schools.

[-] buckykat@lemmy.fmhy.ml 1 points 1 year ago

Extremely rare SC W

[-] Lost_Wanderer@beehaw.org 0 points 1 year ago

This is unexpectedly good news

[-] FaceDeer@kbin.social 0 points 1 year ago

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.

[-] Bricriu@lemmy.one 1 points 1 year ago* (last edited 1 year ago)

If I understand correctly, the opinion explicitly focuses on Indian tribes as nations -- i.e. legal entities -- not races.

this post was submitted on 15 Jun 2023
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