Indigenous Justice | American Civil Liberties Union

Question 1

What is Indigenous justice?

Accepted Answer

Indigenous justice is the freedom and ability of Indigenous people to exercise their rights and sovereignty over themselves, their people, and their land. This includes the freedom to engage in traditional ways of governing, being, healing, and knowing while also learning and celebrating culture, language, tradition, and heritage by ceremonies and other practices.

Question 2

What is tribal regalia?

Accepted Answer

Tribal regalia are culturally and religiously significant items of dress that are worn by some Indigenous people during traditional ceremonies, activities, and important life events, including rites of passage like graduation. Tribal regalia can include a broad range of clothing items, accessories, and adornments. In the context of high school graduations, some Indigenous students have sought to wear beadwork or an eagle feather on their graduation caps. Others have worn traditional moccasins and leggings, sealskin caps, or leis. Tribal regalia can also include hairstyles such as hair worn long or in braids.

Question 3

What can states do to further protect Indigenous rights now that the Supreme Court has reaffirmed Indian Child Welfare Act validity?

Accepted Answer

States must act swiftly to pass their own state ICWA laws to strengthen the implementation of the federal law. ICWA creates a floor of strong protections, but states are free to build on this foundation and further support tribal child welfare systems. And where the Supreme Court has identified limitations on what federal ICWA requires — for example, in the context of searching for placements that satisfy ICWA’s preferences — states can and should require more. States are also well poised to work with tribal nations to craft their own ICWA laws that cater to specific issues that might arise in their jurisdiction.

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