392 P.3d 1041
Wash.2017Background
- Rachelle and Charles Black married in July 1994 and have three sons; they lived near Graham, Washington.
- The family attended a conservative Christian church and enrolled children in private Christian schools.
- In December 2011, Rachelle disclosed she might be gay, altering family dynamics and routines.
- The trial court designated Charles as the primary residential parent with sole decision-making over education and religion.
- A guardian ad litem and a therapist testified to concerns about stability and religious upbringing; bias against Rachelle's sexual orientation appeared.
- The Court of Appeals affirmed most provisions but remanded for neutrality issues, leading to this review and reversal.*
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court abuse discretion in designating the primary residential parent? | Black | Black | Yes; reversal due to lack of neutrality toward sexual orientation |
| Did the court abuse discretion in awarding sole education decision-making to Charles? | Black | Black | Yes; remanded for neutral reconsideration |
| Did the court abuse discretion by denying spousal maintenance? | Black | Black | Yes; remanded for neutral reconsideration |
Key Cases Cited
- Cabalquinto v. Cabalquinto, 100 Wn.2d 325 (1983) (courts must focus on needs of the child, not parental sexual orientation; neutrality required)
- Wicklund v. Wicklund, 84 Wn. App. 763 (1996) (trial court's neutrality toward sexual orientation is essential; restrictions on conduct are improper if not neutral)
- Munoz v. Munoz, 79 Wn.2d 810 (1971) (strict impartiality between religions; harm showing required for custody influence by religion)
- Jensen-Branch v. Jensen-Branch, 78 Wn. App. 482 (1995) (neutral approach toward conflicting religious beliefs in custody)
- Chandola v. Chandola, 180 Wn.2d 632 (2014) (dissolution statutes aim to prevent arbitrary court preferences; neutrality)