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President's Family Day Proclamation -- Activist Raises Church vs. State Constitutional Questions

Contact: Scott Somerville, 800-705-7487, scott@tapestryofgrace.com; Rev. Gary Coulter, 402-944-3554, frcoulter@yahoo.com; Bai Macfarlane, 440-871-5404

MEDIA ADVISORY, Sept. 22 /Christian Newswire/ -- The White House just publicized a proclamation by the President designating September 24th as Family Day. "Families are the cornerstone of our Nation. On Family Day, we underscore our dedication to strengthening America's families and recognize the importance that the bonds between parents and children hold for the future of our country."

Bai Macfarlane, an Ohio activist asks, "While families are the cornerstone of our nation, who should decide the terms of marriage contracts in which those families are started - the parties to a marriage or the courts?" She is part of the growing movement of parents who think no-fault divorce is a really bad idea.

No-fault divorce is an infringement on her family's constitutional rights, says Macfarlane. She asked the Ohio Supreme Court to protect her from Cuyahoga County Domestic Relations Court by filing a complaint, a writ of mandamus, on September 12th. Custody and support questions are before the local court.

The complaint is publicly available at www.marysadvocates.org/ohiocase/writofmandamus.html.  Mary's Advocates is a non-for-profit work, started by Macfarlane, emphasizing the constitutional rights of those who choose to enter traditional marriage, namely the right to uphold the intentions of both parties in a contract, and the right to freely practice one's religion.

Scott Somerville, a Harvard-trained lawyer, and President of Lampstand Press said in an e-mail interview, "It is unjust for a court to ignore religious vows--systematically unjust."

"The local courts are forbidding certain testimony and exhibits," complains Macfarlane. "I need to establish whether my husband will voluntarily follow the rules of our church regarding obligations of spouses toward their family. Court's don't have power to violate our family 'contract' by taking children from an innocent spouse and forcing an abandoned spouse to pay support for a household in which she is not allowed to live."

"According to the Ohio Bar Association," quotes Macfarlane, "'the promises made by couples in their marriage vows constitute a binding contract.'" Citing Ohio Law 3101.08, Macfarlane says, "our legislature specifies that parties who are not 'prohibited by law from being joined in marriage' may join as husband and wife 'in conformity with the rules of [their] church.'"

"If my husband wants to withdraw from marital life," says Macfarlane, "the questions of custody, property division and support should be made in conformity with the rules of our church."

Rev. Gary Coulter, a Catholic parish priest and canon lawyer said in a telephone and e-mail interview that those who adhere to Catholic rules must follow canon laws.

"Before approaching a civil court for separation, a dissatisfied spouse must submit a petition for separation to the bishop. The bishop could personally issue a separation decree or he could delegate the matter to his ecclesiastic tribunal. Either authority could deny the separation request because no reason for a separation determination exists or issue a judicial decision including findings for upbringing of children and support."

"The bishop is the only one who can give authorization for someone following Catholic rules to approach a civil court for separation," stresses Rev. Coulter.

Ohio Bar Association www.marysadvocates.org/civil/OSBAContract.html