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Supreme Court to Hear Appeal of Non-Indian Couple Denied Adoption of Indian Child

By Matthew Vadum

The Supreme Court has agreed to review the constitutionality of the Indian Child Welfare Act (ICWA), enacted by Congress in 1978 to prevent non-Indian families from adopting Native American children.

On Feb. 28, the court granted the petition for review in the case, Haaland v. Brackeen, court file 21-376, which it consolidated with Cherokee Nation v. Brackeen, Texas v. Haaland, and Brackeen v. Haaland. The lead petitioner is U.S. Interior Secretary Deb Haaland.

Chad and Jennifer Brackeen, a white evangelical Christian couple in Texas, tried to adopt a Native American child, but an appellate court ruled that—under the ICWA—Indian families are entitled to enjoy preference in the adoption process…

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