When the Supreme Court ruled on June 25 in a case regarding the adoption of a Cherokee baby, Adoptive Couple v. Baby Girl, the prevailing justices seemed to forget tribal sovereignty exists at all. In Justice Samuel Alito’s majority opinion, the very first sentence read, “This case is about a little girl (Baby Girl) who is classified as an Indian because she is 1.2% (3/256) Cherokee.” Through the inherent right of tribal sovereignty, the Cherokee Nation determines its own citizens. The Cherokee Nation doesn’t use the practice of blood quantum, and instead identifies its members through the use of very specific genealogical records. Therefore, the baby at question in the case is not 1 percent Cherokee; she is Cherokee. Popular conversation about the ruling followed Alito’s lead. A headline in USA Today declared that the Supreme Court “gives 1% Cherokee girl to adoptive parents.” The obsession with classifying Natives by blood is a contemporary anomaly that society reserves rather exclusively for Natives. USA Today would have never run a headline in 2008, for example, that read, “Voters elect first 50% black President.” We’ve figured out ways to get so much right when it comes to race—but still almost unknowingly accept when so much is wrong, and fundamentally misunderstood, about tribal sovereignty.Get the Story:
Aura Bogado: The Court’s Bizarre 1 Percent Rule (Colorlines 7/2) Supreme Court Decision:
Adoptive Couple v. Baby Girl (June 25, 2013) Oral Argument Transcript:
Adoptive Couple v. Cherokee Nation (April 16, 2013) South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012) Related Stories:
Bill John Baker: Cherokee children are our most valuable asset (7/1)
Supreme Court issues order to finalize decision in ICWA case (7/1)
Non-Indian couple rushes to resolve custody in ICWA case (6/28)
Jacqueline Keeler: Saving Baby Veronica from being Indian (6/28)
Editorial: Supreme Court got it right in Baby Veronica case (6/28)
Alex Pearl: Supreme Court sends message on Indian blood (6/27)
Turtle Talk: More thoughts on Supreme Court ICWA decision (6/27)
Native Sun News: Supreme Court goes against Indian father (6/27)
Kevin Abourezk: Nebraska reaction to decision in ICWA case (6/26)
Jennifer Gapetz: Baby Veronica is a Cherokee Nation citizen (6/26)
Lots of Links: Coverage of Indian Child Welfare Act decision (6/26)
Supreme Court rules against Cherokee father in ICWA dispute (6/25)
Cherokee Chief: Baby girl should remain with biological father (6/25)
NCAI remains hopeful after ruling in Supreme Court ICWA case (6/25)
Turtle Talk: Initial impressions of Supreme Court's ICWA ruling (6/25)
Opinion: We fought the Cherokee Nation to keep adopted child (6/25)
Join the Conversation
