Craig v. McBride

BURKE, Justice,

with whom CONNOR, Justice, joins, dissenting.

I dissent.

The majority concedes that, viewed in context, the trial court was concerned with the respective stability of the parties, not their sexual conduct. I agree with that conclusion and see no reason to reverse the court’s custody determination simply because of Judge Stewart’s reference to what the majority deems an “impermissible factor.” I would affirm the judgment of the superior court.