George Will on the Indian Child Welfare Act

“Identity politics can leave a trail of broken bodies and broken hearts… [ICWA treats] children, however attenuated or imaginary their Indian ancestry, as little trophies for tribal power.” George Will (alternate link) on a law I’ve also written about, the Indian Child Welfare Act:

The act empowers tribes to abort adoption proceedings, or even take children from foster homes, solely because the children have even a minuscule quantum of American Indian blood. Although, remember, this act is supposedly not about race….

In final adoption hearings in Arizona, a judge asks, “Does this child contain any Native American blood?” It is revolting that judicial proceedings in the United States can turn on questions about group rights deriving from “blood.”… This is discordant with the inherent individualism of the nation’s foundational natural rights tradition, which is incompatible with the ICWA. It should be overturned or revised before more bodies and hearts are broken.

One Comment

  • I don’t find myself agreeing with George Will very often. But here we are.

    The idea that an Arizona judge asking that question at the end of adoption proceedings is ridiculous, as is the idea that 1.3% of blood means anything. It is amazing how we stick with so many ancient ideas that are completely illogical today.

    As a liberal, I try to keep in mind this whole idea of the fact that we came to this country and stole their land. But enough already.