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KUNC is among the founding partners of the Mountain West 做窪惇蹋 Bureau, a collaboration of public media stations that serve the Western states of Colorado, Idaho, Nevada, New Mexico, Utah and Wyoming.

States look to codify ICWA protections as the Supreme Court considers the law's legality

 ICWA was enacted in 1978 in response to the large number of Indigenous children who had been separated from their families, cultures and communities throughout U.S. history.
John N. Choate
/
Carlisle Indian School Digital Resource Center
ICWA was enacted in 1978 in response to the large number of Indigenous children who had been separated from their families, cultures and communities throughout U.S. history.

As the U.S. Supreme Court a challenge to the , several states in the Mountain West are preparing their own laws to protect tribal rights should the court deem ICWA unconstitutional.

ICWA requires state courts to prioritize placing Native American children in foster or adoption care within their own tribal communities. It was passed in 1978 in response to the large number of Indigenous children who were being separated from their families, tribes and cultures.

The plaintiffs in the case, , argue the law discriminates against non-Indigenous people. Wyoming State Rep. Landon Brown, R-Cheyenne, is among those who disagree.

I want to make sure that we step back just for a half a second and realize that these are sovereign tribes, he said in recent testimony. This isn't necessarily about the race issue. This is about granting those rights to the sovereign tribes.

The Wyoming Legislature to codify ICWA protections for Indigenous nations. and lawmakers are considering similar laws, and passed one last year. Several and have said overturning ICWA would lead to too many children being separated from their cultures and communities and .

The Supreme Court began considering the case in November and is expected to make a ruling in the spring.

This story was produced by the Mountain West 做窪惇蹋 Bureau, a collaboration between Wyoming Public Media, Nevada Public Radio, Boise State Public Radio in Idaho, KUNR in Nevada, the O'Connor Center for the Rocky Mountain West in Montana, KUNC in Colorado, KUNM in New Mexico, with support from affiliate stations across the region. Funding for the Mountain West 做窪惇蹋 Bureau is provided in part by the .
Copyright 2023 Wyoming Public Radio. To see more, visit .

Will Walkey