The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, February 22, 1984
Decision: Tuesday, April 24, 1984
Issues: Civil Rights, Desegregation
Categories: children, race discrimination

Advocates

John E. Hawtrey (Argued the cause for the respondent)
Robert J. Shapiro (Argued the cause for the petitioner)

Facts of the Case

Anthony and Linda Sidoti, both Caucasians, were divorced and Linda was awarded custody of their daughter. One year later, Anthony sought custody of the child after Linda began cohabitating with Clarence Palmore, an African-American. The Florida courts awarded Mr. Sidoti custody of the child, arguing that the child would be more vulnerable to social stigmatization in a racially mixed household. No evidence was introduced that indicated Ms. Sidoti was unfit to continue the custody of the child.

Question

Did the removal of the child from Linda Sidoti's custody violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

In a unanimous decision, the Court held that while ethnic prejudices did exist in society, those private biases were not permissible considerations for the removal of an infant child from the custody of its mother. "Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect." The Court thus held that the decision of the lower courts was an unconstitutional denial of rights under the Fourteenth Amendment.

Supreme Court Justice Opinions and Votes (by Ideology)

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Decision: 9 votes for Palmore, 0 vote(s) against
Legal Provision: Equal Protection
Voted with the majority
Marshall
Voted with the majority
Brennan
Voted with the majority
Stevens
Voted with the majority
Blackmun
Voted with the majority
White
Voted with the majority
Powell
Wrote the majority opinion
Burger
Voted with the majority
O'Connor
Voted with the majority
Rehnquist
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Palmore v. Sidoti, 466 U.S. 429 (1984),
available at: <http://www.oyez.org/cases/1980-1989/1983/1983_82_1734/>
(last visited ).