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Choctaws fight to preserve authority over Native American adoptions

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Choctaws fight to preserve authority over Native American adoptions

A challenge to a decades-old federal law that aims to keep Native American children and their families together is before the U.S. Supreme Court, and it has the potential to impact tribes around the country, including thosein Mississippi.

The Indian Child Welfare Act governs child custody of Native children. If a child is removed from their parents, the act sets preferences to place the child with another family member, another member of the tribe or a different tribe.

The case Brackeen v. Halaand before the Supreme Court challenges these preferences. Three pairs of non-Native foster parents and three states are suing the federal government and five tribes, arguing the act discriminates against non-Native people based on race.

Tribes including the Mississippi Band of Choctaw Indians are watching the case and see more at stake than adoption.

“As the only federally recognized tribe in the State of Mississippi, our 11,000 plus members are descendants of those members who chose to remain here in Mississippi to preserve our cultural heritage on our ancestral homelands,” the tribe said in a statement. “Today, just as in the past, the preservation and security of our tribe, and our tribal children and families are of utmost importance.”

The Supreme Court heard oral arguments in November and is expected to make a ruling next year.

ICWA was created in response to the mistreatment of generations of Native American people by the government, including the enrollment of children in boarding schools where they were forced to abandon their religion and culture and the adoption of children out of tribes.

When the act passed in 1978, between 25% and 35% of all Native children were taken from their families and put in foster homes, up for adoption or into institutions, according to surveys by the Association on American Indian Affairs. They were often placed with non-Native and white families.

ICWA gives tribes the opportunity to be notified about cases involving Native American children and to intervene. It established a process for transferring child custody cases to tribal court.

The act recognizes that tribes have sovereignty and exclusive jurisdiction over their members who live on tribal land or are domiciled there. The act’s standards also apply to Native child custody proceedings in state court for those who don’t live on tribal lands.

During Senate committee hearings about Indian child welfare in the late 1970s, then Choctaw Chief Calvin Isaac testified that raising Native children in non-Native homes reduces tribes’ chances of survival.

The tribe still holds a similar view and says ICWA helps tribes maintain sovereignty by ensuring they have the opportunity to protect and preserve the wellbeing of their children.

“Children are tribal communities’ most valuable resource since the language, culture, and traditions that make those communities unique are passed down from generation to generation,” the Mississippi Band of Choctaw Indians said in a statement.

The Mississippi Department of Child Protective Services, which oversees foster care and adoption in the state, recognizes ICWA and has developed policies and procedures for how to handle cases with Native children and follow the act.

This includes giving the Mississippi Band of Choctaw Indians or any tribe that a child belongs to the right to assume jurisdiction of the child. The department also signed a memorandum of understanding with the tribe in 2020.

In the Supreme Court case, two couples from Texas and Nevada were successfully able to adopt Native American children, even after challenges from the tribes where the children were eligible for membership.

Another plaintiff, a Minnesota couple, tried to adopt a child who was placed with her grandmother, who is a member of the White Earth Band of Ojibwe. The grandmother eventually adopted the girl.

During oral arguments in November, attorneys representing the plaintiffs challenging ICWA argued a number of issues with the act, including that it violates equal protection through racial discrimination and goes beyond the powers given to Congress to regulate Native American affairs.

Another issue challengers brought up is whether Native Americans should be classified politically through tribes or racially through their ancestry.

Ian Gershengorn, the attorney representing the five tribes in the Brackeen case, told the justices during oral arguments that tribal self-government is at the core of ICWA. All federally recognized tribes and members of those tribes have a common political relationship with the United States, which he said is why a political classification is more appropriate than a racial one.

In court documents, defendants have expressed concerns that a challenge to the act could reduce the legal rights of tribes in issues including environmental regulations, land and gaming.

Ashley Landers is a professor in the human development and family science program at Ohio State University who studies child welfare of Native children. She wonders what protections for Native children will remain if ICWA is overturned or drastically changed. 

“What are the protections in place to try and right this historic wrong?” Landers said. “We need to have ownership of what we’ve done to Native families.”

Some researchers and advocates want to shift the focus from adoptive parents to adoptees by having the Supreme Court consider the impact on Native American children in foster care and adoption.

Sandy White Hawk, an adoptee from the Sicangu Lakota Tribe in South Dakota, is founder of the First Nations Repatriation Institute in Minnesota. She is also research partners with Landers.

The institute serves as a resource for Native people impacted by foster care or adoption, and it supports family and cultural reunification and community healing and offers technical assistance, research, education and advocacy.

“It’s still happening,” White Hawk said about the adoption of Native American children out of their tribal communities. “Children are still being taken.”

She was placed with a white missionary couple who she said saw her adoption as a way of saving her. In that family, White Hawk endured physical and sexual abuse and grew up hearing her Native American heritage spoken about negatively.

White Hawk and Landers have researched the experiences of Native Americans, including mental health outcomes of Native adoptees and the kind of abuse they experience in foster care and adoptive homes.

In one of their papers submitted to the Supreme Court in Brackeen v. Haaland, they found that Native American adoptees are more likely to report self harm and suicidal ideation compared to white adoptees. Their research found Native adoptees have the unique context of historical trauma, assimilation and systemic child removal that suggests their mental health outcomes would differ from adoptees of other races.

“Adoption is complex and has grief and loss and it impacts everyone, but the person who gets the least support and resources is the adoptee,” White Hawk said, adding that adoptees are often expected to feel grateful about their adoptions.

Landers said it’s a false narrative that taking Native children from their homes will result in them living a better life. Instead, resources should be allocated to help families stay together and prevent removal, Landers said.

This isn’t the Mississippi Choctaws’ first Supreme Court case. Over 30 years ago, the tribe brought a case that helped interpret ICWA and define tribes’ role in the custody of Native American children.

In Mississippi Band of Choctaw Indians v. Holyfield, the court ruled that through the ICWA, tribal courts have the power to hear adoption proceedings for Native children.

The case started when the tribe appealed the adoption of twins born to Choctaw tribe members who lived on reservation land in Neshoba County. The children were born hundreds of miles away in Harrison County, and the children’s parents agreed to their adoption by a non-native couple, the Holyfields.

The U.S. Supreme Court ruled in 1989 that tribes have jurisdiction over children domiciled on a reservation based on tribe membership or eligible membership, even if they aren’t physically present there. As a result, the Harrison County Chancery Court didn’t have the jurisdiction to approve the adoption for the twins.

“MBCI was party to the first U.S. Supreme Court case to uphold ICWA and has continued to support Congress’s constitutional duty to uphold the sovereignty of Indian tribes by joining a brief supporting the tribes involved in the latest U.S. Supreme Court case challenging ICWA,” the tribe said in a statement.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Stories Videos

Mississippi Stories: Michael May of Lazy Acres

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mississippitoday.org – rlake – 2025-01-21 14:51:00

In this episode of Mississippi Stories, Mississippi Today Editor-at-Large Marshall Ramsey takes a trip to Lazy Acres. In 1980, Lazy Acres Christmas tree farm was founded in Chunky, Mississippi by Raburn and Shirley May. Twenty-one years later, Michael and Cathy May purchased Lazy Acres. Today, the farm has grown into a multi seasonal business offering a Bunny Patch at Easter, Pumpkin Patch in the fall, Christmas trees and an spectacular Christmas light show.  It’s also a masterclass in family business entrepreneurship and agricultural tourism.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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On this day in 1921

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mississippitoday.org – Jerry Mitchell – 2025-01-21 07:00:00

Jan. 21, 1921

George Washington Carver Credit: Wikipedia

George Washington Carver became one of the first Black experts to testify before Congress. 

His unlikely road to Washington began after his birth in Missouri, just before the Civil War ended. When he was a week old, he and his mother and his sister were kidnapped by night raiders. The slaveholder hired a man to track them down, but the only one the man could locate was George, and the slaveholder exchanged a race horse for George’s safe return. George and his brother were raised by the slaveholder and his wife. 

The couple taught them to read and write. George wound up attending a school for Black children 10 miles away and later tried to attend Highland University in Kansas, only to get turned away because of the color of his skin. Then he attended Simpson College in Indianola, Iowa, before becoming the first Black student at what is now Iowa State University, where he received a Master’s of Science degree and became the first Black faculty member. 

Booker T. Washington then invited Carver to head the Tuskegee Institute’s Agriculture Department, where he found new uses for peanuts, sweet potatoes, soybeans and other crops. 

In the past, segregation would have barred Carver’s testimony before Congress, but white peanut farmers, desperate to convince lawmakers about the need for a tariff on peanuts because of cheap Chinese imports, believed Carver could captivate them — and captivate he did, detailing how the nut could be transformed into candy, milk, livestock feed, even ink. 

“I have just begun with the peanut,” he told lawmakers. 

Impressed, they passed the Fordney-McCumber Tariff of 1922. 

In addition to this work, Carver promoted racial harmony. From 1923 to 1933, he traveled to white Southern colleges for the Commission on Interracial Cooperation. Time magazine referred to him as a “Black Leonardo,” and he died in 1943. 

That same year, the George Washington Carver Monument complex, the first national park honoring a Black American, was founded in Joplin, Missouri.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Legislative recap: 2025 tax cut battle has been joined

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mississippitoday.org – Geoff Pender – 2025-01-20 12:00:00

After relatively brief debate and questioning given its magnitude, the state House passed the first meaningful legislation of the new session: House Bill 1, a measure that would eliminate the state income tax, trim taxes on non-prepared food and raise sales and gasoline taxes.

It would mark a sea change in state tax structure, a shift from income to consumption taxation.

“We are at a place where we can finally tell the hard-working people of Mississippi we can eliminate the tax on work,” House Ways and Means Chairman Trey Lamar, HB1’s author, told his colleagues.

The measure passed the House 88-24. It gained some Democratic support in the supermajority Republican House, with nine Democrats voting in favor, 24 against and 12 voting present.

The proposal garnered some bipartisan support because it includes at least a couple of items Democratic lawmakers have championed in the past: A gasoline tax to help fix crumbling roadways, and a reduction in the “grocery” tax, or the sales tax levied on unprepared food, of which Mississippi has the highest overall rate in the nation.

It still met with some Democratic opposition in part because it is a sea change toward more “regressive” taxation. Proponents say this is just, people should pay more for state services they use, such as roadways, and for things they buy as opposed to taxing income. Opponents say this places a proportionately higher tax burden on people of modest means.

“I would say the people hurt the most with this would be working people who have to put gas in their car to go to work or those who have to purchase materials to do a job,” House Democratic Leader Robert Johnson said.

Beyond that concern, opponents or skeptics worry that the foundation of the proposed tax overhaul would be built on shifting sands — a state economy that has been so rosy primarily from the federal government dumping billions of dollars in pandemic spending into Mississippi. With the federal spigot being cut off, some worry, the state economy could slump, and the massive tax cuts in this new plan could provide a state budget crisis, of which Mississippi has much experience, and underfunding of crucial services such as schools, roads, health care and law enforcement.

The largest hurdle Republican House leaders face in seeing their tax plan through to law is not in garnering bipartisan support. It’s internecine disagreement with the Senate Republican leadership, which still appears to harbor abovementioned concerns about overhauling tax structure in uncertain economic times and betting on growth to cover massive tax cuts.

Senate leaders have said they want to enact more tax cuts, but their plan has not yet been released. Lt. Gov. Delbert Hosemann has provided some details of what he wants to see, but it would appear he wants a more cautious approach on cuts. He has not publicly opined on the tax increases in the House plan.


“Have you ever worn a belt and suspenders, lady? It’s a belt and suspenders approach.” — Rep. Trey Lamar, R-Senatobia, to Rep. Omeria Scott, D-Laurel, during floor debate on Lamar’s bill to eliminate the state income tax and raise other taxes.

“No. I have not worn a belt and suspenders. I don’t know anyone who has worn a belt and suspenders,” Scott replied.

House will renew push to legalize mobile sports betting

House Gaming Committee Chairman Casey Eure, R-Saucier, told Mississippi Today he plans on taking another crack at legalizing mobile sports betting in the state. In 2024, the House and Senate passed versions of legislation to permit online sports betting, but never agreed on a final proposal. Some lawmakers raised concerns that gambling platforms would have no incentive to partner with smaller casinos, and most of the money would instead flow to the Mississippi Gulf Coast’s already bustling casinos. Proponents say legalization would undercut the influence of illicit offshore sports betting platforms.

“I’ve been working on this bill for many years and I’m just trying to satisfy any concerns that the Senate may have so we can pass this and start collecting the tax dollars that the state deserves and not allowing everyone to place bets with these offshore accounts,” Eure said. “I feel like the state is losing between $40-$80 million a year in tax revenue.”

Sports wagering has been permitted in the state for years, but online betting has remained illegal amid fears the move could harm the bottom line of the state’s brick-and-mortar casinos. Mobile sports betting is legal in 30 states and Washington, D.C.,  according to the American Gaming Association. — Michael Goldberg


Hosemann makes Senate committee chair changes

Republican Lt. Gov. Delbert Hosemann last week named new chairmen of committees, after former state Sen. Jenifer Branning was sworn into office as a new justice on the Mississippi Supreme Court. 

Sen. Chuck Younger, a Republican from Columbus, previously led the Senate Agriculture Committee and will replace Branning as chairman of the Transportation Committee. Sen. Neil Whaley, a Republican from Potts Camp, previously led the Senate Wildlife, Fisheries and Parks Committee, but will now lead the Senate Agriculture Committee. 

Here are the other changes to Senate committees: 

Sen. Ben Suber, a Republican from Bruce, will be the new chairman of the Senate Wildlife, Fisheries and Parks Committee 

Sen. Bart Williams, a Republican from Starkville, is the new chairman of the Senate Public Property Committee

Sen. Scott DeLano, a Republican from Gulfport, will lead the Senate Technology Committee 

Sen. Robin Robinson, a Republican from Laurel, will chair the Senate Labor Committee 

Sen. Angela Turner Ford, a Democrat from West Point, will lead the Senate Drug Policy Committee.  — Taylor Vance


What’s in a name? Democratic Rep. Scott hopes GOP majority will pass ‘Donald J. Trump Act’ bills

Perhaps tired of seeing many measures she authors ignored or shot down in flames by the Republican supermajority in the Mississippi Legislature, Democratic Rep. Omeria Scott of Laurel is trying a new strategy: naming bills after Republican President-elect Trump.

For this session, Scott has authored: House Bill 61, the “Donald J. Trump Voting Rights Restoration Act;” House Bill 62, the “Donald J. Trump Ban-The-Box Act … to prohibit public employers from using criminal history as a bar to employment;” and House Bill 249, the “Donald J. Trump Early Voting Act.” — Geoff Pender


More bills filed to criminalize abortion

Since the 2022 Dobbs Supreme Court decision overturned the constitutional right to an abortion, Mississippi lawmakers have proposed bills to criminalize workarounds to the state’s strict abortion ban – including criminalizing the abortion pill and out-of-state abortions. The 2025 legislative session is no exception. 

Rep. William Tracy Arnold, R-Booneville, filed House Bill 616 that would make it a felony to manufacture or make accessible medication abortion. Anyone convicted of the crime would be subject to a fine between $1,000 and $5,000, as well as imprisonment between two and five years. Last year, about 250 Mississippians each month requested medication abortion from Aid Access, the only online telemedicine service supplying medication abortion via mail in the U.S. 

Helping a minor receive an abortion would also be criminalized under House Bill 148 filed by Rep. Mark Tullos, R-Raleigh. That would include transporting a minor out of state to undergo an abortion, as well as helping a minor procure a medication abortion – both of which would be punishable by not less than 20 years in prison or a fine of not less than $50,000. — Sophia Paffenroth


$1.1 billion

The estimated net annual cost of the House plan to eliminate the state income tax and raise sales taxes, once fully phased in. Proponents say economic growth would allow the state budget, currently about $7 billion a year, to absorb the cut. Eliminating the income tax would cost the state $2.2 billion in revenue, but the House plan would raise about $1.1 billion in other taxes in offset.

0

The amount of income tax Mississippians would pay after a 10-year phased in elimination of the state income tax. With previous cuts being phased in, state income taxes next year will already be reduced to 4%, among the lowest rates in the nation.

8.5 %

The new Mississippi sales tax, up from current 7%, under the House tax plan assuming most local governments would not opt out of adding a new 1.5% local sales tax.

13 cents more a gallon

The cost of the House’s proposed new 5% gasoline tax, based on last week’s average cost of gasoline in Mississippi of $2.62. The new 5% tax would be on top of the flat 18.4 cents a gallon current state excise on gasoline.

4%

The tax on unprepared food once a reduction of the current 7% would be phased in over a decade under the House plan. The state would over time reduce its sales tax on such groceries to 2.5%, but local governments would add a 1.5% sales tax to such items unless they opt out.

Lawmakers must pass new legislation to improve access to prenatal care

Lawmakers will file another bill this session to help low-income pregnant women get into the doctor earlier – after the federal government rejected the program set up under last year’s law, because of discrepancies between what was written into state law and federal regulations for presumptive Medicaid eligibility. Read the story.


Proposal: eliminate income tax, add 5% tax on gas, allow cities, counties to levy local sales tax

House leaders last week unveiled a sweeping tax cut proposal that would eventually abolish the state income tax, slash taxes on groceries, increase local sales taxes and shore up funds for state and local road work. Read the story.


A new Mississippi law aims to limit jailing people awaiting mental health treatment. Is it working?

Officials say a new law to decrease the number of people being jailed solely because they need mental health treatment has led to fewer people with serious mental illness detained in jails – but the data is contradictory and incomplete. Lawmakers plan legislation to make more counties report the data. Read the story.


How soon we forget: Mississippi House push for record tax cuts revives fear of repeat budget crises

Eight years ago, from a combination of dozens of tax cuts the Legislature approved and a slumping economy, the state saw a budget crisis that resulted in severely underfunded schools, government layoffs, a near halt to building new roads and highways and problems maintaining the ones we have, too few state troopers on the highways and cuts to most major state services. Read the story.


NAACP legislative redistricting proposal pits two pairs of senators against each other

The Mississippi chapter of the ACLU has submitted a proposal to the courts to redraw the state’s legislative districts that creates two new majority-Black Senate districts and pits two pairs of incumbent senators against one another. Read the story.


Legislation to send more public money to private schools appears stalled as lawmakers consider other changes

Some top lawmakers in Mississippi’s Republican-controlled Legislature are prepared to make it easier for students to transfer between public schools but remain skeptical of sending more public money to private schools. Read the story.


House passes $1.1 billion income tax elimination-gas and sales tax increase plan in bipartisan vote

A bill that phases out the state income tax, cuts the state grocery tax and raises sales taxes and gasoline taxes passed the House of Representatives with a bipartisan vote on Thursday. Read the story.


Tate Reeves and other top Mississippi Republicans owe thanks to President Joe Biden

The tremendous cash surpluses that some state Republicans cite when defending their plan to eliminate the state’s income tax would not exist if not for the billions of dollars in federal funds that have been pumped into the state during Biden’s presidential tenure. Read the story.


Podcast: Mississippi transportation director discusses proposed new gasoline tax

Mississippi Department of Transportation Director Brad White tells Mississippi Today’s Geoff Pender and Taylor Vance he’s staying “in his lane” and out of the politics of a House tax overhaul that would eliminate the income tax and raise sales and gasoline taxes, but that he’s pleased lawmakers are trying to address the long running need for a steady new stream of money to help cover highway maintenance needs. Listen to the podcast.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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