Smoke Signals June 1989
Page 4
SUPREME COURT RULES
STATES CANNOT PERMIT
NON-INDIANS TO ADOPT
TNDTAN BABIES
WASHINGTON (AP) - The Supreme Court ruled
today state courts lack authority to permit the adoption
of Indian babies by non-Indians, even when the natural
parents leave the reservation to give up the children.
Voting 6-3, the justices over turned the adoption of
Choctaw Indian twins by a Mississippi couple. The high
court sent the case to a Tribal Court for further study.
The justices said Tribal-Rights and Indian culture-take
precedence in such circumstances over individual rights.
"Tribal jurisdiction under (federal law) was not meant
to be defeated by the actions of individual members of
the Tribe," said Justice William J. Brenna for the court,
"for Congress was concerned not solely about the
interests of Indian children and families, but also about
the impact on the Tribes themselves of the large number
of Indian children adopted by non-Indians."
Justice John Paul Stevens, in a dissenting opinion, said
the ruling "distorts the delicate balance between
individual rights recognized by" the Indian Child
Welfare Act of 1978.
The law gives tribal courts exclusive jurisdiction over
custody proceedings involving any Indian child "who
resides or is domiciled within" a tribe's reservation.
The case involved twins, a boy and a girl, who were born
on Dec 29, 1985, in Philadelphia, Miss., near the
Choctaw reservation. Their mother, Jennie Bell, and
their father, Windell Jefferson, are members of the
Mississippi Band of Choctaw Indians.
The twins were put up for adoption by their parents
and were adopted by a non-Indian couple, Orrey and
Vivian Holyfield.
A Mississippi judge, noting that Ms. Bell had traveled
off the reservation to give birth, said the Choctaw tribe
therefore lacked authority over the children. The
Mississippi Supreme Court upheld the adoption.
Choctaw leaders said the state court rulings would
encourage illegal adoption of Indian babies, making
Mississippi, "a potential adoption Mecca for... black
marketeers trading in Indian children."
The U.S. Supreme Court said under federal law the
domicile of the Choctaw babies remains the reserva
tions' because their parents lived there.
"At their birth the twin babies were also domiciled on
the reservation, even though they themselves had never
been there," Brennansaid.
Dissenting with Stevens were Chief Justice William J.
Rehnquist and Justice Anthony Kennedy. The case is
Mississippi Band of Choctaw Indians vs. Holyfield,
-from Sho-Ban News.
PSALM OF ALCOHOL
ADDICTION
King Alcohol is my shepard, I shall always want.
He maketh me to lie down in the gutters.
He leadcth me beside the troubled waters:
He destroyeth my soul.
He leadeth me in the paths of wickedness for the effort's
sake.
Yea, I shall walk through the valley of poverty and will
fear all evil.
For though, Alcohol, art with me.
Thy bottle and glass try to comfort me.
Thou strippest the table of groceries in the presence of
my family.
Thou robbest my head of reason.
My cup of sorrow runneth over.
Surely Alcohol addiction shall stalk me all the days of
my life.
And I will dwell in the house of the damned forever.
'
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7
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Tribal Bookkeeper, Renea Provost
WARM SPRINGS MEMBER
RECEIVES LEADERSHIP
AWARD.
Michael R. Clements, President of the board of direc
tors of the Intertribal Timber Council (TTC), has been
awarded the Indian Leadership Award by the Bureau of
Indian Affairs. A citation and plaque was given to
Clements March 29 at the annual ITC Symposium in
Phoenix. William (Pat) Ragsdale, Acting Assistant
Secretary for Indian Affairs, presented the award to
Clements for "outstanding and significant contributions
to the Indian forestry program and Indian forest
owners."
A member of the Confederated Tribes of Warm
Springs Oregon, Clements has headed the Indian timber
owners' association since 1982. During his tenure,
membership grew from 17 tribes and Alaska Native
organizations to a high of 57 today. "His enthusiastic
leadership and ability to communicate inspires the
membership to attain the highest standards in the
management of their forest resources," the citation
reads. He has testified annually before Congressional
Committees regarding the State of the Indian forestry
program and was instrumental in promoting a Native
American Forest Products Marketing and Business
Development Study to identify marketing opportunities
that assisted Tribes with business ventures. "The Indian
people can take great pride and satisfaction in knowing
they have a capable, articulate, and willing spokesman in
Mr. Clements," Ragsdale said. "He embodies all those
successful ingredients we look to as a role model for our
Indian youth and I hope that is what he is accepted as."
NEWS
First of all, we would like to apologize to everyone for
the pinochle night because the Pow wow committee
members forgot about it. We are ready to try again
though, so tell your card playing friends to come to the
tribal office on June 10th at 6:00 pm. If there are folks
who don't want to play pinochle, but who like to play
other card games, bring them along too. There will be
refreshments provided, but if you happen to have a card
table please bring it along. The cost is $2.50 per person
and $5.00 per couple. The proceeds will be used to fund
this year's pow wow.
During Indian Week, the Social Services Department
and the pow wow committee sponsored a barbeque and
mini pow wow. The event was a huge success! Three
drums provided music for the event and lots of dancers
round-danced their way around the elementary school
gym. Thanks to everyone who participated and helped
make the mini pow wow a success.
Chemawa students have been drumming and teaching
our youth dancing during April and May at our Tuesday
night classes. These students have shared so much with
our kids, and we would like to thank them for the time
and energy they have contributed to the Grand Ronde
Tribe.
Tickets will be circulated soon for a beautiful silver and
turquoise squash blossom necklace. Raffle proceeds will
help defray pow wow expenses. The necklace will be
raffled off on August 19th at our annual pow wow.
June 15th at 6:30 pm is this month's pow wow meeting.
Everyone is welcome to come and get involved. Also,
please don't forget the card night on June 10th at 6:00
pm. See you there!
Shelley Hanson
Pow wow committee vice chairman