S.N.E. v. R.L.B. , 699 P.2d 875 ( 1985 )

BURKE, Justice,

concurring in part, dissenting in part.

I agree that the trial court’s “gag” order violated article I, section 5 of the Alaska Constitution. I disagree, however, with that part of the majority opinion holding that the trial court’s decision to modify custody was fatally flawed by references to the matter of Mother’s sexual orientation.

Those references, I believe, are taken entirely out of context. After explaining its decision on the record, the trial court entered formal findings of fact. Together, the court’s explanation and findings reflect a careful analysis of the difficult issue to be decided, and a thorough understanding of the proper weight to be given to the matter of Mother’s sexual preference. I would affirm the court’s custody determination.