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Palmore v. Sidoti | 466 U.S. 429 (1984)
Race discrimination can infect society in many ways. The law clearly bars the government from discriminating based on race. But may the government make race-based decisions in response to the prejudice of private citizens? In Palmore versus Sidoti, the United States Supreme Court reviewed a child-custody order and held that the government may not give effect to private prejudice, even if the government acts with good intentions.
The case involved parental custody of a three-year-old girl. The child’s parents divorced in Florida in 1980. Initially, the mother was awarded custody of the child. Both the mother and the father were white. The following year, the mother married Clarence Palmore, who was black.
Because the mother had married a man of a different race, the father asked the trial court to terminate the mother’s custody and give the child to him.
Under state law, the court could only modify the custody order based on a significant change in the child’s circumstances. The trial court found no indication that the mother was a poor caregiver or that she was otherwise unfit to have custody. The court also stated that the father’s racial prejudice couldn’t be used to modify the custody order.
Nonetheless, the trial court held that it would be in the child’s best interest to terminate the mother’s custody. The court observed that some people disapprove of racially mixed marriages and thought that the child would be socially stigmatized if she continued to live with the mother and her new husband. Therefore, the court terminated the mother’s custody and awarded custody to the father. In the trial court’s view, this change was necessary to protect the child from the racial biases of others in the community.
The state court of appeals affirmed the trial court’s decision. The United States Supreme Court granted certiorari.
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