Last week, I commented on the failure of the Indian Child Welfare Act, ICWA. How it has degraded into a system where a state like South Dakota has been able to legally kidnap some seven hundred Native children per year and place them in White foster care facilities or adopt them out to white families without regard for Native tradition, history or culture. Today, however, I can speak of success. “Indian Country Today Media Network” reported that the Federal District Court for Arizona dismissed a class action suit filed in 2015 claiming that “The Law,” was unconstitutional because Indian children were given “separate and unequal treatment based on their race.”
For complete details, see the link above, but this case is the sixth attempt to overturn the Indian Child Welfare Act since 2013. Failed cases have been filed in South Carolina, Virginia, Oklahoma, and Minnesota. When challenged, the courts have consistently upheld the law, but no one is filing against states who blatantly defy the law because individual tribal citizens don’t have the wherewithal to do battle.
In another exciting event that occurred this week, on the 400th anniversary of the burial of Pocahontas, Virginia Democratic Senators Tim Kaine and Mark Warner reintroduced a bill that would grant federal recognition to six Virginia Indian tribes. If enacted, the Chickahominy, Eastern Chickahominy, the Upper Mattaponi, the Rappahannock, the Monacan, and the Nansemond would be added to the list of 566 American Indian and Alaska Native tribes recognized by the federal government. “Recognition,” says the sponsors, “would right a long-standing wrong.” See the link below for details.
Because of a gap in record keeping that was the result of a state law called the “Racial Integrity Act.” of 1924. The law required all births in the state to be categorized as either “white,” or “colored,” and the law was strictly enforced for thirty-five years by the state’s registrar of the Bureau of Vital Statics, Walter Plecker. There was no option for Native American, and anyone born with “even a drop of non-white blood,” had to be classified as colored. This historical, systematic, deception resulted in the destruction of a centuries-long record of the existence of the Virginia tribes, which are required to prove their Indian status. One insatiable racist with the necessary power, committed what historians call “paper Genocide.”
Until next time, stay well.