Parts of a federal law giving Native American families preference in the adoption of Native American children were effectively struck down by a sharply divided federal appeals court, a defeat for tribal leaders who said the 1978 law was important to protecting their families and culture.
The complex ruling Tuesday from 16 judges of the 5th U.S. Circuit Court of Appeals upholds a lower court’s finding that the Indian Child Welfare Act’s preferences for Native American families or licensed “Indian foster homes” violate constitutional equal protection requirements.