Palmore v. Sidoti

Supreme Court of the United States · 1984 · Family Law

466 U.S. 429 (1984)

Updated August 1, 2026

Family Lawcustodyracechild custodyequal protectioninterracial marriageprivate biasbest interests of the child

Facts

After Linda Sidoti Palmore and Anthony J. Sidoti divorced, the mother received custody of their 3-year-old daughter. The father later sought modification after the mother cohabited with, and then married, Clarence Palmore, Jr., a Black man, and he also made allegations about the mother's care of the child. The trial court made no negative findings about either party's devotion to the child, housing, or the respectability of either new spouse, and it made no finding that the mother's care was deficient. Instead, the court transferred custody to the father because it believed the child would inevitably suffer social stigmatization and environmental pressures from living in a racially mixed household.

Issue

Whether the Equal Protection Clause permits a state court to remove a child from the custody of her natural mother based on the potential social stigma and private racial biases the child might face because the mother married a person of a different race.

Rule

Racial classifications by the state are subject to the most exacting scrutiny and are valid only if justified by a compelling governmental interest and necessary to accomplish a legitimate purpose. Although protecting the best interests of a child is a substantial governmental interest, the law may not give effect, directly or indirectly, to private racial biases or the possible injuries those biases might inflict.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, a family court considers a father's petition to modify custody of eight-year-old Nora. The court finds both parents loving and financially stable, but transfers custody from the mother after she marries a man of a different race, explaining that Nora will likely face teasing and social isolation in school because of the interracial household.

If the mother challenges the order under the Equal Protection Clause, which is the strongest argument?

Explanation. A state court's custody order is state action subject to the Fourteenth Amendment. When the court changes custody because of the race of a parent's spouse and the predicted social stigma from others, it uses a racial classification. Although child welfare is a substantial state interest, the state may not directly or indirectly give effect to private racial biases or the possible injuries they may cause.