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     The Center for Liberty and Privacy was founded as a Political Action Committee (PAC) to heighten public and judicial awareness of the constitutionally guaranteed Right to Privacy and its protected Zones.  Federal and State Supreme Courts have crafted the Right to Privacy as a fundamental right in the category of Liberty Interests (Freedoms).

     The Center is focusing its efforts on the Right of Privacy protected zone of "personal decisions relating to marriage."  The Florida Statutes Chapter 61 entitled "Dissolution of Marriage" are written within the Privacy Protected Zone of Marriage.  This Statute is unconstitutional unless the State bears its burden proving a compelling state interest applied in the least intrusive manner.

     The Center supports a growing awareness that the divorce statutes in Florida are unconstitutional because they impermissibly infringe the Right to Privacy contained in the Florida Constitution, Article I Section 23, which states:

“Right of privacy.--Every natural person has the right to be let alone and free from governmental intrusion into his private life except as otherwise provided herein.  This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.”

     In Florida, Chapter 61 ("Dissolution of Marriage; Support; Child Custody") contains temporary alimony, permanent alimony, equitable distribution, attorney fees, child support based on income and child custody provisions.  We believe they are all unconstitutional.  

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Liberty Interests

    Examples of citizen's constitutionally guaranteed  fundamental rights are...

  •      Liberty Interest (Freedoms)

    • Right to Freedom of Speech

    • Right to Freedom of Religion

    • Right to Bear Arms

    • Right to Privacy

      • Procreation (abortion)

      • Parenting (care, custody and education of our children)

      • Consensual private sexual intimacy

      • Family Relationships

      • Personal decisions relating to marriage (getting married, staying married, getting divorced)

     The last of these constitutionally guaranteed rights, "personal decisions relating to marriage" prohibits the states from enacting or enforcing statutes which intrude in this privacy protected zone unless the State has a compelling State interest and it is applied in the least intrusive manner.

    This Right to privacy has been primarily applied to the personal decision to get married.  The state is prohibited from making statutes that intrude on this right.

    This same Right to Privacy in the protected zone of "personal decisions relating to marriage" affords Floridians the same constitutionally guaranteed right to prohibit state intrusion in the dissolution of marriage process.

    The courts, family law attorneys and most Floridians have overlooked this constitutional right.  It is time the Florida Courts recognize they and the legislature have overstepped their bounds by writing and enforcing a statute which violates the Florida Constitution Right to Privacy.

    The Florida Supreme Court has shown how the Right to Privacy trumps impermissible state statutes.  (North Florida Women's Health and Counseling Services, Inc., et al. v. State of Florida July 2003).  This principle must be applied to the dissolution of marriage statutes because they are invalid. It is time tens of thousands of oppressed Floridians be freed from the impermissibly applied yoke of the dissolution of marriage statute.

     Read excerpts from the Florida Supreme Court's Gender Bias ReportA scathing indictment, little talked about, of the family law Court Divisions and its Judges.  The Report was prepared by instruction from the Florida Supreme Court.  The Commission was made up of legal scholars and high profile family law attorneys.

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      The Citizens For Liberty and Privacy  has committed resources in support of the Alliance for Freedom from Alimony, Inc. a non profit Florida corporation.  The Alliance is endeavoring to have the alimony laws recognized as unconstitutional because they impermissibly infringe the Right to Privacy (Article I Section 23) in the Florida Constitution.    

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Page last updated: Mai 19, 2006