I honestly can't see the child attending a public shcool as being any more socially damaging than being raised in a separated parent situation.
When the couple separated, for whatever reason, they placed themselves at the mercy of the court system.
I may not personally agree, but that doesn't mean that anything illegal has been done here or even that any new precendent has been set. The judge may be a jerk, but he was completely within his bounds to rule this way. The article seems like a media attempt to fan the flames of public outrage.