In re the Marriage of: Rachelle K. Black and Charles W. Black

Rachelle K. Black (plaintiff) and Charles W. Black (defendant) married and had three sons together. Rachelle served as the primary caregiver, and Charles worked outside the home. The family attended a Christian church, and the children attended a Christian school. The children were indoctrinated to believe that homosexuality was a sin. In 2011, after the Blacks had been married for almost 20 years, Rachelle disclosed that she believed she was gay. Rachelle stopped attending the church, entered a new relationship, and began spending time away from the family. Charles became the children’s primary caregiver while still remaining employed. The Blacks filed for divorce, and the court held a custody hearing. At the hearing, the children’s therapist and their guardian ad litem testified. The therapist testified that she believed that Charles was a more stable parent. The guardian ad litem testified that she believed Charles should be awarded custody. The guardian ad litem explained that Rachelle’s lifestyle choice conflicted with the children’s religious beliefs and that the children might be bullied because of Rachelle’s same-sex relationship. The guardian ad litem further recommended granting Charles control over whether Rachelle’s partner could have contact with the children and recommended that Rachelle be prohibited from discussing her alternative lifestyle with the children. The trial court awarded Charles primary custody on the ground that Rachelle’s sexual orientation conflicted with the children’s religious upbringing and prohibited Rachelle from discussing her alternative lifestyle with the children. Rachelle appealed. The Washington Court of Appeals affirmed most of the trial court’s decision. Rachelle appealed to the Washington Supreme Court.