Sidenotes of History

In his dissent with the Newdow ruling, Rehnquist cited Palmore v. Sidoti, a 1984 ruling by the U.S.S.C. on a matter of family law. Reading this case, it's fascinating how far we've come in a mere 20 years.

When petitioner and respondent, both Caucasians, were divorced in Florida, petitioner, the mother, was awarded custody of their 3-year-old daughter. The following year respondent sought custody of the child by filing a petition to modify the prior judgment because of changed conditions, namely, that petitioner was then cohabiting with a Negro, whom she later married. The Florida trial court awarded custody to respondent, concluding that the child's best interests would be served thereby. Without focusing directly on the parental qualifications of petitioner, her present husband, or respondent, the court reasoned that although respondent's resentment at petitioner's choice of a black partner was insufficient to deprive petitioner of custody, there would be a damaging impact on the child if she remained in a racially mixed household. The Florida District Court of Appeal affirmed.

Rehnquist expresses concern that yesterday's ruling on prudential standing would cut the legs out from under an intervention like Palmore. What's kinda' scary is that he might be right...

Rehnquists argument:

The Court cites Palmore v. Sidoti, 466 U. S. 429 (1984), as an example of the exceptional case where a "substantial federal question that transcends or exists apart from the family law issue" makes the exercise of our jurisdiction appropriate. Ante, at 9. In Palmore, we granted certiorari to review a child custody decision, and reversed the state court's decision because we found that the effects of racial prejudice resulting from the mother's interracial marriage could not justify granting custody to the father. Contrary to the Court's assertion, the alleged constitutional violation, while clearly involving a "substantial federal question," did not "transcen[d] or exis[t] apart from the family law issue," ante, at 9; it had everything to do with the domestic relationship--"[w]e granted certiorari to review a judgment of a state court divesting a natural mother of the custody of her infant child," 466 U. S., at 430 (emphasis added). Under the Court's discussion today, it appears that we should have stayed out of the "domestic dispute" in Palmore no matter how constitutionally offensive the result would have been.

-empahasis in original