When parents divorce, courts are forced to deternine which parent should obtain custody of the children. The applicable standard in all states for deciding who should receive custody is the "best interest of the child. This comment will analyze the historical shift in moral judgment of interracial relationships, the judicial response to the changing public view and the effect of the changing public view on child custody decisions. It will then juxtapose that history with the current change in societal judgment of gay and lesbian relationships and the corresponding judicial response with respect to custody disputes.
Juliet A. Cox,
Judicial Enforcement of Moral Imperatives: Is the Best Interest of the Child Being Sacrificed to Maintain Societal Homogeneity,
59 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol59/iss3/4