PRESS
RELEASE
October 11, 2004
Federal Lawsuit Challenging Georgia's Alimony Statue to Proceed
A Federal Court ruling stated the constitutional challenge to the
Georgia Alimony Statute is proper, but first should be addressed in a
Georgia court proceeding. The complex order said the lawsuit
challenging the constitutionality of the state's alimony statute is
valid, but because of a general deference by Federal courts to state
courts, it preferred the issue proceed there first.
Denny Cormier, a physician who practices in Brunswick, GA, has asked
the Federal Court to rule that alimony impermissibly infringes on the
constitutional rights of all Georgians, especially those rights
dealing with Liberty Interest, Right to Privacy, Due Process, Equal
Protection and Involuntary Servitude. These rights are protected by
the Thirteenth and Fourteenth Amendments to the U.S. Constitution.
"All Georgians have the constitutional right not to be burdened with
legislation that impedes their personal decisions relating to
marriage," Dr. Cormier commented. "This includes decisions on whether
to start a marriage or to end one." He added, "The principles that led
to the alimony statute no longer exist in society or in the law. The
statute is an impermissible infringement on all Georgians
constitutional rights, that is Liberty Interest and Right to Privacy."
In a second Federal Court proceeding, Dr. Cormier had taken the
unprecedented step of transferring or "removing" his state divorce
case to Federal Court after he was threatened with jail for inability
to pay temporary alimony. He remarked, "The State of Georgia has
wrongfully empowered their family-law judges with the authority to
violate fundamental rights and freedoms guaranteed to all Georgians by
the U.S. Constitution, during prosecution of the state's oppressive
alimony laws." A decision on his Federal removal lawsuit, based upon
jurisdicational issues, is currently pending.
In April of this year, Dr. Cormier filed a comprehensive lawsuit
against the Colquitt County Superior Court, where his initial divorce
action took place last year. Also named as defendants in this lawsuit
were the Georgia Board of Human Resources and the Department of Human
Resources, who are authorized with enforcing Georgia's alimony laws.
This lawsuit challenges the right of Georgia to infringe upon a
citizen's Liberty Interest and fundamental Privacy Rights that are
protected by the U.S. Constitution.
Although a preliminary ruling in August by the Federal Court validated
the presence of a Federal question that can and should be answered in
Federal Court, it believed that Dr. Cormier's divorce proceedings were
still ongoing in state court, and therefore wished to defer to the
state court. However, due to an oversight, the Federal Court was
unaware that he had removed his entire state case to Federal Court,
thereby eliminating any ongoing state proceedings. Because, in fact,
no state court proceedings now exist, Dr. Cormier has asked the
Federal Court to reconsider its initial ruling and retain jurisdiction
to hear arguments on the merits of his case. Consequently, the earlier
ruling by the Federal Court has been set aside and is currently being
reconsidered. A final ruling is expected sometime soon.
Two groups, Alimony Reform and the Center for Liberty and Privacy,
have backed Dr. Cormier's efforts. These groups have been working to
abolish alimony, and currently have started a drive in Florida to pass
an amendment to that state's constitution to repeal alimony
altogether. Moreover, both groups have pointed out that the legal
basis originally used to justify alimony in both Florida and Georgia,
the so-called Doctrines of Necessaries and Coverture, were rescinded
by the Legislatures of these states years ago. Thus, the current
alimony laws are basically archaic, oppressive and without legal
foundations. More information about these efforts to abolish alimony
can be found on their websites at www.alimonyreform.org and
www.cflap.org.
###
Contact:
Denny Cormier
1000 Mallery Street
St. Simons Island, GA 31522
912-634-8675
dencor999@yahoo.com
