PRESS RELEASE
For immediate release
Missouri
Alimony Statute Challenged in Federal Court
Peculiar, MO - March 28, 2005.
--The constitutionality of Missouri's alimony
statute is challenged in a lawsuit filed in Missouri Federal court
this week.
Harold Stanley, a professional engineer, has removed his state court
proceeding to Federal court filing claims that the alimony statute
and
enforcement proceedings violate the Federal 14th Amendment Right to
Privacy
in the privacy protected zone of dissolution of marriage.
"The state cannot have statutes that unduly burden the entry or the
exit to
marriage. The U.S. Supreme Court has acknowledged the Right to
Privacy
applies to personal decisions relating to marriage."
"When Missourians make the personal decision to dissolve their
marriage,
because it is a fundamental constitutional right, any statute that
impeded
that process is presumed unconstitutional unless the state proves a
compelling state interest minimally applied." according to Stanley.
Stanley has also filed a claim that the alimony statute violates the
13th
Amendment ban on involuntary servitude. The filing also includes a
civil
rights violation claim related to the enforcement of the alimony
statute as
well as a state constitutional infringement claim.
"It may at first blush sound silly, but if you read the U.S. Supreme
Court's interpretation and definition of the concept of involuntary
servitude, it exactly fits what the alimony statute does to
Missourians"
Stanley expounds.
"Read U.S. v Kozminski..." Stanley says, "...and you'll see that the
definition means a condition…in which the victim is forced to work
for
[another] by the use or threat of physical restraint or physical
injury, or
by the use or threat of coercion through law or the legal process."
The
alimony statute does just that.
"The Constitutional Right of Privacy is a cornerstone to ensure
citizens
freedom in their Liberty interests free of unwarranted government
intrusion.
###
Contact Information:
Harold R. Stanley, P.E.
Phone: 816-779-4284
Peculiar, MO 64078
E-mail: hstanley@casstel.net
