12-07-2007, 08:36 PM
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News From Indian Country
 Join Date: Nov 2007
Location: Ojibwe Country
Posts: 2,842
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Iowa court rules definition of Indian child unconstitutional
By David Pitt
Des Moines, Iowa (AP) The Iowa Supreme Court has ruled a state law defining an Indian child is overly broad and violates equal protection clauses in federal and state constitutions. The court, in ruling whether the Winnebago Tribe of Nebraska may intervene in the parental custody case of two Sioux City children, concluded a 2003 state law exceeded the limits of governmental power in Indian affairs. The law includes the definition of Indian children as those of mixed blood who are not eligible for tribal membership. The court said Iowa’s over-inclusive law amounts to a racial classification that violates the 14th Amendment’s equal protection clause and the Iowa Constitution’s similar protections. |
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