Here is the opinion in Beach v. Johnson.
An excerpt:
Moreover, ICWA does not deny Angel equal protection or substantive due process. A child has no fundamental constitutional right to a stable and permanent home. In re N.B., 199 P.3d 16, 23 (Colo. App. 2007); In re Baby Boy C., 805 N.Y.S.2d 313, 27 A.D.3d 34, 50-51 (2005); In re A.B., 2003 ND 98, 663 N.W.2d 625, 635-36. And “[t]he United States Supreme Court has consistently rejected claims that laws that treat Indians as a distinct class violate equal protection.” In re Angus, 60 Or. App. 546, 554, 655 P.2d 208 (1982). Indians are granted preferences under ICWA, not because of their race, but because of their membership in quasi-sovereign tribal entities. Id. at 555. ICWA does not violate due process. N.B., 199 P.3d at 23; Baby Boy C., 27 A.D.3d at 51; A.B., 663 N.W.2d at 636. Nor does it violate equal protection because ICWA is rationally related to Congress’s obligation to protect and advance the Indian family and tribal relations. Id.at 555-56.
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