Palmore v. Sidoti

Palmore v. Sidoti, 466 U.S. 429 (1984) was a case heard by the Supreme Court of the United States. The decision rejected the consideration of racial bias in child custody proceedings as unconstitutional under the 14th Amendment. Today, the case is taught in many constitutional law courses in the United States as an example of the application of the doctrine of strict scrutiny.

Background
Linda Palmore and Anthony Sidoti (both white) divorced in 1980 in Florida. Palmore was awarded custody of their daughter, Melanie. Some months later, Palmore began living with and eventually married Clarence Palmore Jr., a black man. In September 1981, Sidoti filed to modify the original custody award, citing "changed conditions." In particular, Sidoti argued that Palmore had failed to properly care for Melanie and that Palmore's cohabitation with Palmore constituted a "changed condition."

At the custody hearing, the Court found that there had been no change with respect to "either party's devotion to the child, adequacy of housing facilities, or respectability of the new spouse of either parent." Even so, the Court awarded custody to Sidoti because Melanie would suffer peer pressure and stigmatization if allowed to grow up in an interracial household.

Decision
Chief Justice Warren E. Burger wrote for a unanimous Court. The Court acknowledged the existence of racial prejudice in American society, but reasoned that "[t]he Constitution cannot control such prejudices, but neither can it tolerate them. Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect."

Aftermath and legacy
Despite the favorable ruling, Palmore never regained custody of her daughter.

The Palmore decision has been cited as prohibiting judges from considering parents' sexual orientation in custody proceedings.