Native Americans,
Civil Rights,
California Supreme Court
Aug. 28, 2017
Equal protection for Native American children
The key to the Indian Child Welfare Act’s racism is that it applies to children who are “eligible” for tribal membership. But virtually all tribes define eligibility based on genetics alone.





Timothy Sandefur
Vice President for Legal Affairs
Goldwater Institute's Scharf-Norton Center for Constitutional Litigation
More than 50 years ago, Brown v. Board of Education proclaimed that racial segregation was intolerable in a nation dedicated to the proposition that all people are created equal. Brown made clear that while discrimination is always wrong, it's especially heinous when race is used to separate children.
Nevertheless, the state and federal governments still practice overt race-base...
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