Brief Fact Summary. The Petitioner, Linda Palmore (Petitioner), brought an action under the Equal Protection Clause of the Fourteenth Amendment challenging a judicial ruling that divested custody of her child solely because of her relationship with a person of another race.
Synopsis of Rule of Law. Racial classifications in the determination of custodial arrangements are subject to the Equal Protection Clause of the Fourteenth Amendment and will only be upheld if they are justified by a compelling governmental interest and necessary to the accomplishment of a legitimate purpose.
Desirable as this is, and important as is the preservation of the public peace, this aim cannot be accomplished by laws or ordinances which deny rights created or protected by the Federal Constitution.
View Full Point of LawIssue. Whether the Equal Protection Clause of the Fourteenth Amendment is violated by a judgment that divested a natural mother custody of her child because of her remarriage to a person of a different race?
Held. Reversed.
Discussion. Classifications based on race invoke the Equal Protection Clause of the Fourteenth Amendment and will be subject to a strict standard of review, which will only uphold the classification if it is justified by a compelling governmental interest and necessary to the accomplishment of a legitimate purpose