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: |
|
|