Do you know anyone was served with divorce papers when they were keeping their marriage promises? Mary’s Advocates
, a non-profit organization upholding marriage in light of no-fault divorce proposes a list of claims a Defendant could make at the beginning of the proceedings.
“In the U.S.” founder, Bai Macfarlane says, “we are used to hearing that somebody is innocent until proven guilty. In no-fault divorce, it doesn’t matter if you are innocent; the judges are accustomed to depriving you of your every-day interactions with your children and taking away your property.” She says, “We need to start changing the public perception of divorce. We need to focus on making sure when grounds for separation exist, the separation plan implemented adheres to the promises made when the couple married. ”
The suggestions for Defendants, shown here
, shows nine claims including that the Plaintiff doesn’t have standing to even be in civil court, and that divorce judges violate First Amendment religious freedoms, and Fourteenth Amendment rights to due process and equal protection. For those who intended to accept the obligations of marriage according to the rules of their church, Mary’s Advocates shows, “The civil judge has no competence to apply and interpret the rules of the church because, by so doing, the judge would violate the First Amendment."
Professor of Government at Patrick Henry College, Stephen Baskerville, Ph.D., is the author of “Taken Into Custody: The War Against Fathers, Marriage, and the Family
.” He reviewed Mary’s Advocate’s list of claims against no-fault divorce. “The divorce machinery is the most repressive government machinery ever created in the United States. It violates every article of the Bill of Rights, and its influence is spreading and poisoning every corner of American justice, if not the judicial systems of every Anglophone country,” says Baskerville.
In an e-mail interview with Mary’s Advocates, Katherine Spaht, Law Professor at Louisiana State University, says, “I have heard is that, no-fault divorce is unconstitutional as a deprivation of due process because there is no defense to be made by the defendant. It is a cause of action without any defense.”
Other organizations are challenging the practice of no-fault divorce. Judith Brumbaugh, author of “Judge, Please Don’t Strike That Gavel,” founded “Restoration of the Family.”
About Mary’s Advocates' webpage for how a Defendant can challenge the constitutionality of no-fault Divorce, Brumbaugh says, “The page you have created surely covers the bases. The problem is that, as we WELL know, the courts do not recognize our legal and God-given rights when it comes to this one vital aspect of life—marriage—and the foundation of all society.”
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