An adoption issue is being debated at the Supreme Court between a Texas family and the federal government. A Fort-Worth couple is seeking to adopt a girl of Native American descent, but encountered a federal law that prioritizes Native American children living with other Native Americans.

The Indian Child Welfare Act (ICWA) was designed in the 1970s in response to Native American children being moved into the foster care system and placed away from Native American family members. It was worried that over time the continuing generations of Native Americans would dissolve from their tribes and their culture. 

The laws give priority to Native American extended family, then the tribes, and the last tier is non-Native families. The Texas family case was roped in with others to decide on the Constitutionality of this law. Opponents to the law are arguing that this law is discriminatory against non-Native Americans, and is an overreach of the federal government on what they called a state issue. Additionally, opponents to the law argued that this violates states’ rights forcing the states to comply with a federal law that states may not have adopted.

Proponents of the law, including the US Deputy Solicitor General, argued that it is not discriminatory based on race. Rather, the supporters of the law argue that it is a political issue, not a racial one. They argue that this is about the preservation of Native American tribes.

The Supreme Court Justices made a point that the federal government has “long been involved in the welfare of Native American children,” according to SCOTUSblog. The Supreme Court justices also raised questions about where this would lead if the Justices ended the law. Could it also end other areas of Congressional authority and aid that support Native American tribes?

A decision might be handed down in June of next year.