Lawsuit questions constitutionality of Indian Child Welfare Act

Friday, July 26, 2013  

A new lawsuit challenges the constitutionality of the Indian Child Welfare Act.

The plaintiffs include Christy Maldonado, the non-Indian woman who put Veronica Brown, a citizen of the Cherokee Nation, up for adoption. They say certain provisions of the law that aim to keep Indian children in Indian homes are based on race and should be thrown out.

The main defendant is the Department of Justice. But the Cherokee Nation is also named, presumably due to Maldonado's involvement.

The lawsuit was filed in federal court in South Carolina.

Get the Story:
Biological mom sues US government, challenges federal law in American Indian girl’s adoption (AP 7/25)
Veronica’s mother, others assert rights, ask that ICWA provisions be deemed unconstitutional (The Charleston Post and Courier 7/26)
New lawsuit challenges adoptions under Indian Child Welfare Act (The Tulsa World 7/26)

Related Stories:
Tribal organizations to move forward with Baby Veronica suit (7/25)
South Carolina court won't reconsider Baby Veronica decision (7/25)
Dusten Brown: I won't stop fighting for my daughter Veronica (7/24)
ICWA dispute over Baby Veronica simmers in multiple courts (7/24)
Tribal organizations plan lawsuit on behalf of Baby Veronica (7/22)
South Carolina's top court approves adoption of Cherokee girl (7/17)