Update – Constitutional Challenge Massachusetts
- Posted by Mary's Advocates
- On January 31, 2024
- 1 Comments
FOR IMMEDIATE RELEASE
About a year ago, a constitutional challenge against no-fault divorce sprouted in a county court in Massachusetts. Since then, the case has been appealed to the state supreme court.
Contact Mark Dallmeyer at [email protected]
Mark Dallmeyer submitted an 11-page “Defendant’s Motion to Dismiss” in February 2023 complaining that if the court granted his wife’s no-fault divorce, the court would be doing something illegal and unconstitutional. He said his wife doesn’t have a right to bring a civil complaint because she did not accuse him of anything. She didn’t accusing him of doing anything wrong, or failing to fulfill some duty (i.e. breach of right and duty). Among other things, he also argued that the unilateral no-fault statute is a viewpoint-based statute, which is unconstitutional.
His appeal brief was submitted on October 16, 2023. The public website for Massachusetts Appellate Courts shows parties names redacted. Mark is M.E.D. His wife, the appellee, is M.D, and the last court event on the docket is December 12 saying she submitted a “notice to the court that appellee does not intend to file a brief.” Mark has provided Mary’s Advocates with redacted copies of the court documents, provided below.
Dallmeyer’s appellate brief addresses some of the excuses the proponents of no-fault divorce have used in the past who commonly quote a 1819 and 1888 U.S. Supreme Court decisions. The no-fault divorce lawyers claim these cases galvanize and preserve state legislatures power to make any (and all) kind of law about marraige and divorce. However, it is notable that the the U.S. Constitution establishes, “No state shall pass any law impairing the obligation of contracts” (Article 1 Section 10). The appeal brief shows where the this federal contract clause would apply to divorce legislation:
In other words, there are limits to what state legislatures can do, and unilateral no-fault divorce is outside those limits, says Dallmeyer.
COURT EVENTS
Berkshire County Probate & Family Court BE20D0220DR
October 2, 2020 – Wife’s Complaint for Divorce
Feb. 15, 2023 – Mark’s Motion to Dismiss .
Feb. 22, 2023 – Court Order for Submission of Briefs
Feb. 24, 2023 – Mark’s Notice to Massachusetts Attorney General.
Mar. 3, 2023 – Mark (Defendant’s) Brief in Support of Motion to Dismiss
Sept. 8, 2023 – Mark Lower Court, Notice of Assembly of the Record.
Massachusetts Appeals Court 2023-P-1107t
Sept. 22, 2023 – Mark on docket) Civil Appeal Entry Form.
Oct. 2, 2023 – Mark Civil Docketing Statement.
Oct. 16, 2023 – Mark Principal Appellate Brief.
Oct. 16, 2023 – Mark Appendix, Principal Appellate Brief .
Note: Mark tells Bai that he was rejected at the supreme court based on failure to provide adequate detail to confront the appeals court decision (Aug. 2024)
Other Commentary
Mar. 21, 2023 – commentary by Bai Macfarlane and Matthew Johnston Mary’s Advocates Blog and Video
Mar. 26, 2023 – commentary by Jeff Morgan Introduction
April 1, 2023 – commentary by Jeff Morgan, The Factual Background
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