Friday, October 20, 2006

The State Is A Third Party To Your Marriage Contract

“The right of the State to regulate the institution of marriage under its police power is unquestioned where it does not infringe on fundamental rights. Zablocki v. Redhail, 434 U.S. 374, 396 (1978) (Powell, J., concurring). Cf. Loving v. Virginia, 388 U.S. 1 (1967) (right to marry);Griswold v. Connecticut, 381 U.S. 479 1965) (right to use contraceptives in marital relationship).” [Emphasis added] Commonwealth v. Stowell, 449 N.E.2d (1983)

When you obtained your marriage license, did you think it was just an arrangement that was solely between you and your wife-to-be? Did you know that the state has, without your permission, made themselves a party to your contract? Not only that, but the state’s interest and ability to regulate your marriage is superior to you and your wife.

In the case of Goodridge v. Dept. of Public Health, 440 Mass. 309 (2003), it states:

“We begin by considering the nature of civil marriage itself. Simply put, the government creates civil marriage. In Massachusetts, civil marriage is, and since pre-Colonial days has been, precisely what its name implies: a wholly secular institution. See Commonwealth v. Munson, 127 Mass. 459, 460-466 (1879) (noting that "[i]n Massachusetts, from very early times, the requisites of a valid marriage have been regulated by statutes of the Colony, Province, and Commonwealth," and surveying marriage statutes from 1639 through 1834). No religious ceremony has ever been required to validate a Massachusetts marriage. Id.

In a real sense, there are three partners to every civil marriage: two willing spouses and an approving State. See DeMatteo v. DeMatteo, 436 Mass. 18, 31 (2002) ("Marriage is not a mere contract between two parties but a legal status from which certain rights and obligations arise"); Smith v. Smith, 171 Mass. 404, 409 (1898) (on marriage, the parties "assume[] new relations to each other and to the State"). See also French v. McAnarney, 290 Mass. 544, 546 (1935). While only the parties can mutually assent to marriage, the terms of the marriage — who may marry and what obligations, benefits, and liabilities attach to civil marriage — are set by the Commonwealth. Conversely, while only the parties can agree to end the marriage (absent the death of one of them or a marriage void ab initio), the Commonwealth defines the exit terms. See G.L.c. 208.

Civil marriage is created and regulated through exercise of the police power. See Commonwealth v. Stowell, 389 Mass. 171, 175 (1983) (regulation of marriage is properly within the scope of the police power). "Police power" (now more commonly termed the State's regulatory authority) is an old-fashioned term for the Commonwealth's lawmaking authority, as bounded by the liberty and equality guarantees of the Massachusetts Constitution and its express delegation of power from the people to their government. In broad terms, it is the Legislature's power to enact rules to regulate conduct, to the extent that such laws are "necessary to secure the health, safety, good order, comfort, or general welfare of the community" (citations omitted). Opinion of the Justices, 341 Mass. 760, 785 (1960).[fn12] See Commonwealth v. Alger, 7 Cush. 53, 85 (1851)”

In the Florida case of Daniel v. Daniel, 922 So.2d 1041 (Fla.App. 4 Dist. 2006), it says:

“Crucial to the decision in this case is that the court's order arose in a dissolution proceeding involving a request for permanent financial relief. "Since marriage is of vital interest to society and the state, it has frequently been said that in every divorce suit the state is a third party whose interests take precedence over the private interests of the spouses." Posner v. Posner, 233 So.2d 381, 383 (Fla. 1970).”

In contract, each of the parties has obligations and responsibilities. What does the state contribute to your marriage? I’m sure you can answer that. Yet they have the ability to determine whether or not you can get married and when you decide to divorce, they will step in and determine the exit conditions for each spouse.

This is a blatant violation of your Right to Privacy in marriage. The Right of Privacy deals with citizens’ fundamental right of autonomous decision making in the constitutionally recognized zone of privacy “personal decisions relating to marriage.”

“Given the ‘associational interests that surround the establishment and dissolution of [the marital] relationship’, such ‘adjustments’ as divorce and separation are naturally included within the umbrella of protection accorded to the right of privacy. See Zablocki, 434 U.S. at 385; U.S. v. Kras, 409 U.S. 434, 444, 34 L. Ed. 2d 626, 93 S. Ct. 631 (1975)."

How long will you tolerate government intervention in your private lives? Did the people who fought to preserve the freedoms of fellow Americans die in vain only to permit the government usurp our freedoms and enslave a large segment of our society….the people who have to pay lifetime alimony?

MARRIAGE STRIKE: Evidence that alimony laws are destroying the very fabric and building blocks of our society and nation.
* For First Time Unmarried Households Reign In US

* Florida Supreme Court Orders Judge Sloop To Explain Conduct
* Ex-judge arraigned in forgeries
* Disbarred Phoenix lawyer charged with forgery

* Judicial Misconduct Investigators: Find out where you can go to file a complaint against a judge in your state.

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