Brackeen v. Haaland: What Does the Future Hold for the Indian Child Welfare Act?

November is both National Native American Heritage Month and National Adoption Month. Tomorrow, November 9, the U.S. Supreme Court is scheduled to hear a case that has implications related to both, Brackeen v. Haaland, which concerns the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963. The ICWA governs the removal, placement, and return of Native American children in child welfare proceedings for both foster care and adoption. At issue on appeal is the constitutionality of the act’s child placement preferences, as set forth in 25 U.S.C. § 1915. This blog sets forth the ICWA’s child placement preferences and a brief procedural history of the case.

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Coming to a Passport Near You: Non-Binary Gender Marker

The U.S. Department of State currently allows people to select a binary gender marker (M or F) for their U.S. passports, “even if the gender [they] select does not match the gender on [their| supporting documentation such as a birth certificate, previous passport, or state ID.” In addition, passport holders may “request a new passport with a different gender than the one [they] have on [their] current passport” by following the instructions on the Department of State’s “Selecting your Gender Marker” webpage. Further, there are plans for an “X” gender marker on U.S. passports for non-binary, intersex, and gender non-conforming people, which is expected to be available in early 2022.

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