palmore
sidoti
argued
february
decided
april
petitioner
respondent
caucasians
divorced
florida
petitioner
mother
awarded
custody
daughter
following
year
respondent
sought
custody
child
filing
petition
modify
prior
judgment
changed
conditions
namely
petitioner
cohabiting
negro
later
married
florida
trial
awarded
custody
respondent
concluding
child
best
interests
served
thereby
without
focusing
directly
parental
qualifications
petitioner
present
husband
respondent
reasoned
although
respondent
resentment
petitioner
choice
black
partner
insufficient
deprive
petitioner
custody
damaging
impact
child
remained
racially
mixed
household
florida
district
appeal
affirmed
held
effects
racial
prejudice
however
real
justify
racial
classification
removing
infant
child
custody
natural
mother
constitution
control
prejudice
neither
tolerate
private
biases
may
outside
reach
law
law
directly
indirectly
give
effect
pp
reversed
burger
delivered
opinion
unanimous
robert
shapiro
argued
cause
filed
brief
petitioner
john
hawtrey
argued
cause
filed
brief
respondent
briefs
amici
curiae
urging
reversal
filed
solicitor
general
lee
assistant
attorney
general
reynolds
deputy
solicitor
general
wallace
deputy
assistant
attorney
general
cooper
kathryn
oberly
brian
landsberg
american
civil
liberties
union
foundation
et
al
burt
neuborne
william
zabel
marcia
robinson
lowry
thomas
atkins
ira
greenberg
samuel
rabinove
leigh
earls
et
al
jay
carlson
james
tuite
roderic
boggs
james
weill
justin
finger
jeffrey
sinensky
leslie
shedlin
marc
stern
women
legal
defense
fund
et
al
sally
katzen
lynn
bregman
nancy
polikoff
chief
justice
burger
delivered
opinion
granted
certiorari
review
judgment
state
divesting
natural
mother
custody
infant
child
remarriage
person
different
race
petitioner
linda
sidoti
palmore
respondent
anthony
sidoti
caucasians
divorced
may
florida
mother
awarded
custody
daughter
september
father
sought
custody
child
filing
petition
modify
prior
judgment
changed
conditions
change
child
mother
cohabiting
negro
clarence
palmore
married
two
months
later
additionally
father
made
several
allegations
instances
mother
properly
cared
child
hearing
testimony
parties
considering
counselor
investigative
report
noted
father
made
allegations
child
care
made
findings
respect
allegations
contrary
made
finding
issue
either
party
devotion
child
adequacy
housing
facilities
respectability
new
spouse
either
parent
app
pet
cert
addressed
recommendations
counselor
made
earlier
report
another
case
coming
circuit
also
involving
social
consequences
interracial
marriage
niles
niles
vague
reference
earlier
case
turned
present
case
noted
counselor
recommendation
change
custody
wife
petitioner
chosen
child
unacceptable
father
society
child
school
age
subject
environmental
pressures
choice
record
emphasis
added
concluded
best
interests
child
served
awarding
custody
father
rationale
contained
following
father
evident
resentment
mother
choice
black
partner
sufficient
wrest
custody
mother
significance
however
mother
see
fit
bring
man
home
carry
sexual
relationship
without
married
action
tended
place
gratification
desires
ahead
concern
child
future
welfare
feels
despite
strides
made
bettering
relations
races
country
inevitable
melanie
allowed
remain
present
situation
attains
school
age
thus
vulnerable
peer
pressures
suffer
social
stigmatization
sure
come
app
pet
cert
emphasis
added
ii
judgment
state
determining
reviewing
child
custody
decision
ordinarily
likely
candidate
review
however
opinion
stating
father
evident
resentment
mother
choice
black
partner
sufficient
deprive
custody
turns
regarded
damaging
impact
child
remaining
racially
mixed
household
app
pet
cert
raises
important
federal
concerns
arising
constitution
commitment
eradicating
discrimination
based
race
florida
focus
directly
parental
qualifications
natural
mother
present
husband
indeed
father
qualifications
custody
child
found
issue
either
party
devotion
child
adequacy
housing
facilities
respectability
new
spouse
either
parent
taken
absence
negative
finding
quality
care
provided
mother
constitutes
rejection
claim
petitioner
unfitness
continue
custody
child
correctly
stated
child
welfare
controlling
factor
entirely
candid
made
effort
place
holding
ground
race
taking
findings
rationale
face
value
clear
outcome
different
petitioner
married
caucasian
male
similar
respectability
core
purpose
fourteenth
amendment
away
governmentally
imposed
discrimination
based
race
see
strauder
west
virginia
classifying
persons
according
race
likely
reflect
racial
prejudice
legitimate
public
concerns
race
person
dictates
category
see
personnel
administrator
mass
feeney
classifications
subject
exacting
scrutiny
pass
constitutional
muster
must
justified
compelling
governmental
interest
must
necessary
accomplishment
legitimate
purpose
mclaughlin
florida
see
loving
virginia
state
course
duty
highest
order
protect
interests
minor
children
particularly
tender
years
common
florida
law
mandates
custody
determinations
made
best
interests
children
involved
stat
goal
granting
custody
based
best
interests
child
indisputably
substantial
governmental
interest
purposes
equal
protection
clause
ignore
reality
suggest
racial
ethnic
prejudices
exist
manifestations
prejudices
eliminated
risk
child
living
stepparent
different
race
may
subject
variety
pressures
stresses
present
child
living
parents
racial
ethnic
origin
question
however
whether
reality
private
biases
possible
injury
might
inflict
permissible
considerations
removal
infant
child
custody
natural
mother
little
difficulty
concluding
constitution
control
prejudices
neither
tolerate
private
biases
may
outside
reach
law
law
directly
indirectly
give
effect
public
officials
sworn
uphold
constitution
may
avoid
constitutional
duty
bowing
hypothetical
effects
private
racial
prejudice
assume
widely
deeply
held
palmer
thompson
white
dissenting
means
first
time
acknowledged
racial
prejudice
invoked
justify
racial
classifications
buchanan
warley
example
invalidated
kentucky
law
forbidding
negroes
buy
homes
white
neighborhoods
urged
proposed
segregation
promote
public
peace
preventing
race
conflicts
desirable
important
preservation
public
peace
aim
accomplished
laws
ordinances
deny
rights
created
protected
federal
constitution
judgment
district
appeal
reversed
ordered
footnotes
light
holding
based
equal
protection
clause
need
reach
resolve
petitioner
claim
based
fourteenth
amendment
due
process
clause
conclusion
finds
support
cases
well
instance
watson
memphis
city
officials
claimed
desegregation
city
parks
proceed
slowly
prevent
interracial
disturbances
violence
riots
community
confusion
turmoil
found
predictions
personal
speculations
vague
disquietudes
held
constitutional
rights
may
denied
simply
hostility
assertion
exercise
wright
georgia
reversed
negro
defendant
conviction
holding
possibility
disorder
others
justify
exclusion
persons
place
otherwise
constitutional
right
founded
upon
equal
protection
clause
present