Federal Lawsuit Asserts That Florida's Alimony Statutes
Violate the U.S. Constitution Right to Privacy and
Right to be Free of Involuntary Servitude.
Venice, FL., - May 13, 2004. -- The Federal Right to Privacy found in
the 14th Amendment of the Constitution as well as the 13th Amendment
right to be free of involuntary servitude are the main reasons that
Florida's Permanent Alimony statutes are unconstitutional, according to
a lawsuit filed on April 5th, 2004 in U.S. Federal Court Southern
District of Florida by William Cabana of Venice, Florida.
Mr. Cabana's suit asserts that the Right to Privacy in the Privacy
Protected Zone of Personal Decisions Relating to Marriage, i.e. to
divorce, is a constitutionally protected fundamental right. It is
a Privacy Zone in which the state cannot intrude without a compelling
state interest that is applied in the least intrusive manner. The
same legal argument exists for the Right to Privacy recognized in the
Florida State Constitution.
The lawsuit also alleges the alimony statutes violate the Federal and
the Florida State constitutional provisions to be free from involuntary
servitude. Permanent alimony denies Floridians the opportunity to
participate in the legally recognized free labor market. Mr. Cabana's
Federal complaint can be viewed online at http://www.cflap.org/dl/filings/Cabana-Mayo.pdf
Cabana says, "There is a myth that there is a right or a common law
right to alimony. The law is clear; there is no such right.
Permanent Alimony is merely a statute and as such must comport with the
Rights prescribed in the Federal and the Florida State Constitutions.
The case law is also clear that parties in a marriage are economic
independents and the State cannot change that economic relationship
without a compelling state interest. This lawsuit is about making
all Floridians equal. Equal rights and the equal opportunities to pursue
happiness. Marital status cannot restrict those constitutional
rights."
According to Cabana the nature of the 13th amendment has evolved from
the initial concept to abolish slavery to ensuring all citizens are not
subject to involuntary servitude by other citizens or the state.
The lawsuit states that marriage and divorce are not one of the legally
recognized situations, which permit the state to impose involuntary
servitude on its citizens such as it can do with compulsory military
service or taxation.
Cabana also says, "Give it some thought. If two Floridians
are married the state cannot force one party of the marriage to work
forever to maintain a certain standard of living for the benefit of the
other, but let two Floridians divorce and the state does just that. It
forces one party of the marriage to work forever for the benefit of the
other party with the legal coercion of contempt court proceedings and
imprisonment. It simply cannot do that based on the
Constitution."
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