No-fault Divorce Unconstitutional- hear Drew Mariani

No-fault Divorce Unconstitutional- hear Drew Mariani

  • Posted by Mary's Advocates
  • On February 22, 2019
  • 1 Comments

By Bai Macfarlane.

On Valentine’s day last week, after seeing my story Pennsylvania Dad Makes Constitutional Challenge against No-fault Divorce, Drew Mariani invited me to be his guest on Relevant Radio.

We discussed the Pennsylvania Dad’s challenge in divorce court arguing that PA statues violate the state’s own constitution.

Drew asked me what is my response to those who claim there is something wrong with a person who wants to stay married when the Plaintiff doesn’t love him any more. I pointed out that divorce deals with much more than whether someone feels like staying friends. Divorce purports to take from reliable parents their children and their property. These are fundamental rights with which state laws and courts are not allowed to interfere without undergoing strict scrutiny.  We believe no-fault divorce statutes don’t uphold constitutionally protected rights and divorce judges aren’t really serving in a judicial capacity because the court is required to make the Plaintiff win every time.

One caller asked me about Catholics marriage and divorce, and I reiterated the longstanding Church teaching that Catholics never relegated to the civil forum the competence to manage cases of separation of spouses.

Archive from hour 1, Feb. 14, 2019 HERE
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1 Comment

Bruce Eden, Director, DADS AGAINST DISCRIMINATION--NJ & NY CHAPTERS
Answer to your question, why can't people divorce was a rhetorical question. Marriage is NOT a contract like any other business contract. In No-Fault Divorce, one spouse can go into court and "win the lottery" against, usually the earning/breadwinning spouse. Someone who wants to abandon the marriage for narissistic personal reasons has no grounds for divorce. There must be severe fault. Here's why: The American family court system is world famous for being one of the most cruel, catastrophic, abusive, arbitrary, and destructive forms of court ordered governance that the world has ever seen. Rooted in such Hitlerian ideas such as “the best interests of the child” and “preventing domestic violence,” which seem noble and positive on the surface, unfortunately it is the only court system which removes all constitutional guarantees of individual human and civil rights, usually from the father, as soon as he steps into the “family court arena.” The aforementioned Hitlerian concepts immediately subject a disfavored litigant of his/her 1st, 2nd, 4th, 5th, 6th, 8th and 13thAmendment Rights, within a closed “star chamber” court, without cameras or spectators allowed, completely and totally ripe for them to be plundered, abused, harassed, threatened, surveillanced, castigated, attacked, bankrupted, invaded and destroyed by all of the career members of this family court system – including the various “magistrates,” judges, court officers, law clerks, child protective service workers, court appointed attorneys and “forensic experts,” law guardians, and anyone else who can either make a buck or get even with one of the parties involved in fighting for his/her life, or that of their children. It is no wonder that a great many conspiracy theories have emerged that to deposit someone within the family court system is tantamount to a slow motion assassination or torture chamber, wherein that targeted individual is slowly, methodically, and painfully destroyed over many years, sometimes decades, subjected over and over to repeated fear, bankruptcy, incarceration or detention, for crimes/transgressions that did not even exist before the family court even got involved.

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