Quiner v. Quiner

59 Cal.Rptr. 503 (1967)

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Nature of the Case

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Facts

Linnea (W) and Edward (H) were married in 1961 and separated in 1963. Their only child was born in 1962. H sued for divorce in 1963 alleging extreme cruelty and requesting custody of the child. W cross-complained for separate maintenance and custody. H was given the divorce and custody of the boy. W was prohibited from teaching or informing the boy about the Plymouth Bretheren or allowing the boy to be in the presence of anyone who practiced in or believed in that religion; the religion practiced the concept of separation which was detailed in the casebook. The trial court reasoned that the practices of the religion would place too great a burden on the child's mental welfare and the opportunities for his intellectual, social, character, and personality growth would be best served by not coming into contact with that aspect of the religion. D appealed based on the fact that she was being discriminated against based on her religious beliefs.