Palmore v. Sidoti

1984

Venue: SCOTUS

Facts: White parents divorce, and the mom gets custody of the daughter. She begins cohabitating with a black man (whom she later marries), and custody is modified.

Posture: Contesting that custody decision.

Issue: Is a state court decision divesting a natural mother of the custody of her child because of her marriage to a person of a different race constitutional?

Holding: No.

Rule: Public officials sworn to uphold the constitution may not avoid a constitutional duty by bowing to the hypothetical effects of private racial prejudice that they assume to be both widely and deeply held.

Reasoning: We've seen racial prejudice invoked to justify racial classification before. We're not having any of it. Strict scrutiny.

Dicta: