District court judges in New York State are now demanding that a mother choose between her mixed-race child and her confederate flag.
As The Hill reports:
An appellate division of the state’s second highest court ruled in a 5-0 decision that a couple would retain joint custody of their child born in 2014, The Albany Times Union first reported. But Justice Stanley Pritzker wrote in the court’s ruling the woman has until June 1 to remove the rock from her driveway. Otherwise, it could factor “into any future best interests analysis.”
“Given that the child is of mixed race, it would seem apparent that the presence of the flag is not in the child’s best interests, as the mother must encourage and teach the child to embrace her mixed race identity, rather than thrust her into a world that only makes sense through the tortured lens of cognitive dissonance,” Pritzker wrote.
Pritzker wrote in the ruling the mother, identified as Christie BB in court documents, testified she had the rock in her driveway, which the judge declared a “a symbol inflaming the already strained relationship between the parties,” according to the Times Union. The mother told the court “she has never used any racial slurs in front of the child or at all.”
“As such, while recognizing that the First Amendment protects the mother’s right to display the flag if it is not removed by June 1, 2021, its continued presence shall constitute a change in circumstances and Family Court shall factor this into any future best interests analysis,” Pritzker wrote.
The demand from the judge that she remove her confederate flag adorned rock or risk having it factor into a future decision about whether she will potentially lose her child in a custody battle seems to a major violation of any traditional understanding of constitutional liberty.
Is the judge’s demand a violation of the first amendment, or is she merely attempting to ensure the child grows up in a home free of racism? Let us know what you think in the comments below.