Federal court finds no child endangered by Indian adoption law

By Howard Fischer |Capitol Media Services via Arizona Capitol Times

A federal judge threw out a bid March 16 to void federal laws that challengers claim is racist because it places the desires and rights of Native American tribes over the constitutionally protected best interests of children.

In an extensive ruling, U.S. District Court Judge Neil Wake said attorneys for the Goldwater Institute had not proven that any of the children they were claiming to represent had been harmed because of the requirements of the Indian Child Welfare Act. And Wake said that if there is a child who may be in danger that claim can be handled by the state courts that are handling that adoption or foster care proceeding.

Attorney Timothy Sandefur called that “disturbing,” saying it amounts to saying he has to wait until children are actually harmed.

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