REBLOG from February 24, 2014
By Trace Hentz
OK,
as promised, I have more thoughts after I went to the hallowed halls of
Yale Law School last Friday to hear a review of the Baby Veronica Case -
and to hear what NCAI, NARF and the Tribal Supreme Court Law Project at
Yale were doing while this major case was going on... and I reported to
you yesterday what they said essentially…
There
weren't any surprises for me unless you count how these panelists
didn't use the time to discuss the genocide that actually occurred prior
the passing of the Indian Child Welfare Act of 1978 and the child
abductions by social workers and missionaries - nor did they mention
human trafficking and the Nightlight Adoption Agency dealings with Maldonado, the birthmother. They did mention boarding schools.
So,
I was truly upset. From what I heard, it appears American Indians are
eons behind in civil rights and we can't seem to win a case in the
Supreme Court. I’d
heard that warning years prior but this time at Yale was a bit more in
my face. This case was about adoption by non-Indians, something I lived
myself.
We
had Justice Alito writing an opinion that Veronica is 1.2% Indian.
NARF attorney Joel West Williams asked the Yale audience, "Who in
America is 1/16 or 3/256th anything?" Yet
we have a judge issuing his opinion by measuring an Indian for their
Indian-ness which equates to measuring a child’s blood? This is still
happening?
· JUSTICE ALITO delivered the opinion of the Court:
This
case is about a little girl (Baby Girl) who is classified as an Indian
because she is 1.2% (3/256) Cherokee. Because Baby Girl is classified in
this way, the South Carolina Supreme Court held that certain provisions
of the federal Indian Child Welfare Act of 1978 required her to be
taken, at the age of 27 months, from the only parents she had ever known
and handed over to her biological father, who had attempted to
relinquish his [**736]parental rights and who had no prior contact with the child. The provisions of the federal statute [*2557] at issue here do not demand this result.
· Jun
25 2013: Judgment REVERSED and case REMANDED. Alito, J., delivered the
opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and
Breyer, JJ., joined. Thomas, J., and Breyer, J., filed concurring
opinions. Scalia, J., filed a dissenting opinion. Sotomayor, J., filed a
dissenting opinion, in which Ginsburg and Kagan, JJ., joined, and in
which Scalia, J., joined in part. Read more here ·
I
couldn’t sleep ... Dusten Brown never had a chance. He went to Iraq
knowing the Capobiancos had his daughter but he had to serve a year and a
JAG lawyer took his case. The puzzle remains why Maldonado
mysteriously breaks up with him and severs all communication. Was she
punishing her high school sweetheart Dusten by selling his baby or was
she manipulated by the adoption agency to take their money?
Then it hit me - keeping America ignorant of Indians, culture, actual history - this all works to take Indian children. Judgment is easy. Third World poverty (which we didn’t create) somehow equates to abuse of children. Add
their general ignorance of sovereignty and culture, what it means to be
Cherokee or Lakota or Navajo or any tribe - and it means you can't win
public opinion polls or cases before the Supreme Court?
Ignorance about Indians? Exactly!
It's
been going on since colonial contact. Please, let's not call them
settlers anymore but invaders. America has always been the Great
Divider, building its fences, writing its laws, counting on classism and
racism to divide us.
America wins every time when it perpetuates this ignorance of Indians. Do Indians do a good job of educating others about culture, or what's important to us? Not really. We're way behind in any civil rights movement. We've
had movies romanticizing us over 100 years and it's hard to kill those
"savage" “redskin” stereotypes drilled into all our heads!
What do Americans know about Indians? Nothing. Practically zilch.
America's
"taking care" of Indians only works to create HATE among Americans who
view us as privileged in some way that they are not. Like why do we even have a law that keeps nice white people from adopting Indian babies? Trust me, ICWA is under attack.
I
do know that Indians are way ahead in surviving every broken treaty and
then fighting each other over small scraps of power. Some tribes even
subscribe to "blood quantum" as if they need to purge their citizen
rolls of those who may be too white or too black.
We
have Supreme Court Justices using the blood quantum argument and you
see that is not entirely their fault (they all went to law school but
didn’t even have a course on Indian Law at those Ivy League schools) but
it tells me - do not go anywhere near them. They are not even aware of their ignorance. Dusten Brown didn't have a chance, not in that court.
We
Indians shouldn't go anywhere near that court or any court with that
level of stupidity. No, you can't tell Americans they are stupid.
What
the panel did say was each and every tribe needs to create and have
their own child protection network. I agree since it's pretty evident
that you can't trust any non-Indian social worker to go to the
reservation and use their mother- father “family unit” example. Only Indians can decide who the right people are to care for its children. That person might be an auntie, grandmother or another relative, depending on who in the tribal family is willing and able.
And the panel said we need more American Indian lawyers who become judges - because the way it is now - Indians can’t win.
For
many years Vine Deloria and others did try very hard to educate others
(with their brilliant books) on the white man’s level, even earning
degrees in white man’s colleges like Yale and Harvard, but it all comes
down to this: whites don’t really care.
And if we really think about it, this is a very dangerous situation to be in.
Footnote: I
attended white schools like most everyone else - Really nothing I
learned was true or real about Indian culture or history. I learned more
sitting at the kitchen table of my friend Ellowyn who is Oglala Lakota,
who gave me an education about Indians not written about anywhere. Then
there was my one adoptive aunt (a first-born American) who calls me a
liar when I told her there were Indian Boarding Schools, and this was
right after I visited Haskell in Kansas. No, Americans are not learning
about Indians or the truth of our history.
The
Baby Veronica case is the sign, whether we wish to see it that way or
not - but we can no longer ignore the ignorance or the danger
surrounding this case.
THIS BLOG HAS MANY POSTS ABOUT THE BABY V CASE... Yes, she was adopted out...