In Re the Marriage of Kramer

297 N.W.2d 359, 10 A.L.R. 4th 788, 1980 Iowa Sup. LEXIS 943
CourtSupreme Court of Iowa
DecidedOctober 15, 1980
Docket63498
StatusPublished
Cited by9 cases

This text of 297 N.W.2d 359 (In Re the Marriage of Kramer) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Kramer, 297 N.W.2d 359, 10 A.L.R. 4th 788, 1980 Iowa Sup. LEXIS 943 (iowa 1980).

Opinion

McCORMICK, Justice.

This appeal involves a child custody dispute between the parents of a four-year old girl and a three-year-old boy. The trial court awarded custody of the children to their father, respondent Gerald Kramer (Jerry). The mother, petitioner Sandra Ann Kramer (Sandi), appeals. She contends that the trial court erred in basing the decree on racial considerations and, in any event, in refusing to award custody of the children to her. We reject the trial court’s consideration of race. Based upon our de novo review of the record, however, we affirm the decree.

Jerry and Sandi were married in 1971. Their children are Amy, born February 18, 1976, and Donald, born February 6, 1977. The parties separated in November 1978, and the dissolution case was tried in February 1979. Sandi’s evidence included testimony of herself, her mother, and her sister. Jerry offered the testimony of himself, his mother, three friends of the couple, and two babysitters. The trial court’s decree was entered April 5, 1979, and this appeal followed.

I. The equal protection issue. The parties' did not inject the issue of race into the case. Instead, the issue was raised by the trial court in its decree. Evidence had been received concerning Sandi’s relationship with another man. On a morning shortly after the parties separated, Jerry returned to the home and observed the man sleeping on the couch. When Jerry questioned San-di about the relationship, she acknowledged she had been seeing the man and had sexual intercourse with him two or three times. One of those occasions was the night before. Jerry said Sandi told him the man moved from her bed to the couch when Amy came into the bedroom during the night. The only reference to race in the whole record is in Jerry’s description of the man he saw on the couch as a “black man.” We assume, based on what is said in the decree, that Jerry and Sandi are white. Sandi testified she did not intend to marry the man involved and had not seen him for five or six weeks.

The trial court decree included the following language:

From the evidence produced in the case, it is not completely clear as to whether or not the petitioner still has a relationship going with the male “acquaintance”; however, it is obvious that for a period of time she did have a relationship going with him. It is undisputed that he is black, and while the Court cannot assess that as fault in this case, the subjecting [of] the children to a bi racial relationship and allowing such a relationship to exist in the presence of the children is not in their best interest and is going to make their lives in the future much more difficult. It is therefore the opinion of the Court that the care, custody and control *361 of said minor children should be granted to the Respondent herein.

Thus the trial court found that the fact Sandi’s male friend was black was decisive of the custody issue. The record contains no evidence to show that the difference in race would affect the welfare of the children. The trial court’s conclusion is based solely on the fact such difference exists.

Sandi contends that the trial court decree denied her equal protection of the law under U.S.Const. amend. XIV. She also contends that race should not be a factor in custody decisions.

Sandi cites three cases in support of her equal protection attack. They are McLaughlin v. Florida, 379 U.S. 184, 85 S.Ct. 283, 13 L.Ed.2d 222 (1964); Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967); and Beazley v. Davis, 92 Nev. 81, 545 P.2d 206 (1976). In McLaughlin, the Supreme Court struck on equal protection grounds a Florida statute which made biracial cohabitation of unmarried persons punishable but did not proscribe cohabitation by unmarried persons of the same race. In Loving, the Court struck Virginia’s antimiscegenation statutes on the same grounds. In Beazley, the Nevada Supreme Court found a denial of equal protection in a trial court decree refusing to change custody of children from their black father to their white mother on the ground they would suffer emotional trauma in a home with a white stepfather.

Two cases involving adoption statutes also lend some support to Sandi’s constitutional argument. In In re Gomez, 424 S.W.2d 656 (Tex.Civ.App.1967), the court struck a Texas statute proscribing biracial adoptions as violative of equal protection rights under the state constitution and the fourteenth amendment. A three-judge federal district court struck a similar Louisiana statute on the same ground in Compos v. McKeithen, 341 F.Supp. 264 (E.D.La.1972).

All these cases recognize that classifications based on race are suspect and thus subject to strict scrutiny. They also demonstrate that state regulations of personal relationships in which race is automatically a determinative factor have difficulty surviving equal protection analysis.

We will not, however, reach a constitutional issue if a narrower ground is decisive! Ehlinger v. Mardorf, 285 N.W.2d 27, 28 (Iowa 1979). In the present situation we believe the result which Sandi seeks under the Constitution is commanded by long-standing principles governing child custody adjudication. We recently reiterated that “child custody cases are to be decided ‘upon what the evidence actually reveals in each case, not upon what someone predicts it will show in many cases.’ ” In re Marriage of Tresnak, 297 N.W.2d 109, 112 (Iowa 1980). Just as no assumptions are automatically warranted based on gender of parent or child, we believe no assumptions are automatically warranted by racial identity. We emphatically reject the idea that parent child relationships are to be dictated by unsubstantiated judicial predictions concerning the effects of racial prejudice in the community. Community prejudice, even when shown to exist, cannot be permitted to control the makeup of families.

We adhere to the criteria for child custody adjudication delineated in In re Marriage of Winter, 223 N.W.2d 165, 166-67 (Iowa 1974). Race is not necessarily relevant to any of them. We are well aware of the existence of racial tension in this multiracial society. Yet where such tension exists it should not affect decisions regarding custody unless it has some demonstrated relevancy to one or more of the Winter criteria. The showing of relevancy will depend on the evidence in the particular case. The mere existence of prejudice and tension in the community are not enough. As stated in Commonwealth ex rel. Lucas v. Kreischer, 450 Pa. 352, 356, 299 A.2d 243, 246 (1973): “ ‘[I]n a multiracial society such as ours racial prejudice and tension are inevitable.

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297 N.W.2d 359, 10 A.L.R. 4th 788, 1980 Iowa Sup. LEXIS 943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-kramer-iowa-1980.