Welcome to my blog and the reference point in my fight against an archaic, unjust family court system in Marshall County, Alabama. I plan on posting my thoughts, items of interest, and resources I find helpful in hopes that it can be helpful to someone else. Now take a deep breath. Here I go...

Please visit http://www.alfra.org for the only organization in Alabama that promotes the concept that children need each of their fit parents.

Wednesday, June 6, 2012

reloading...


Well, it is nice to be back writing. I just finished my lastest article for Examiner.com, the subject of which has lifted my spirits for the time being.

I am of the opinion that nothing short of a constitutional amendment is necessary to protect parents against the onslaught upon our fundamental rights to association with our children. The things I have learned in the last two years makes my skin crawl and have caused many sleepless nights. Like Mr. Farris notes in the article, the U.S. Supreme Court has repeatedly recognized parents fundamental liberty interests in their children.

Read my lips. It means nothing in the real world. It needs to be explicitly safeguarded within the confines of the constitution, not lost in a sea of court opinions. Can you directly quote the specific cases regarding parents fundamental rights to their children? I know one or two folks that can, but most people wouldn't even know where to start looking for a specific U.S. Supreme Court decisions. So what good does it do you then?

While an amendment to the federal constitution would be nice, it is not really necessary. However, an amendment to the State Constitution would do just the trick. With the Alabama Bar Association dug in against ALFRA's Alabama Children's Family Act, I am hopeful that a constitutional amendment might be possible, if only because it provides better safeguards while eliminating alot of the (unfounded) criticism of ALFRA's bill.

You never know how truly helpless you are until your only hope is hanging on the moral character of your legislators. That is the hardest part of all this, the pervading sense of helplessness which can very easily turn into hopelessness. Rep. Wes Long, my State House rep whom I have met with multiple times requesting help with the issue, just sold out the entire damn county in the recent redistricting fiasco. Marshall County goes from only two House reps who had to be residents of the county to FIVE reps, three of which are from outside counties.

The outside reps only have small slivers of their district in Marshall County, you think they are going to REALLY give a damn what we say? Of the House delegation now, outsiders form a majority! So a majority of our House delegation will be practically unaccountable to us voters in Marshall County. Most of the current delegation supported an amendment which would lessen the number to three reps. Unfortunately, Rep Long did not support it which prevented it from moving forward (see how easy it is for ONE member to stop good legislation, what do you think about THREE members ability?). Why? Oh, he didn't want to represent a part of Dekalb County under the amended plan, preferring to keep a large section of Blount County instead.

He single-handedly compromised Marshall County's position in the legislature so that he would not be inconvenienced. I have lost all hope of him ever fighting for me or the issues I believe in. Probably be too much of an inconvenience.

Been researching on my lawsuit, and I think there are good signs in relation to the State's motion to dismiss. Well, it has been months and I have not received any official word, BUT the US Supreme Court has set strong precedent that if a Rule 12(b) motion to dismiss is going to be entertained, it should be granted in the early stages of litigation only. I have since settled out of court with one Defendant, and U.S. District Judge Sharen Lovelace Blackburn noted in that dismissal that the claims against the rest of the defendants remained pending, which is not dismissed. SO, maybe the wheels of justice will turn for me after all.

Still I have a lot more research to do and a few tricks up my sleeve. God-willing, things are looking better!

No comments:

Post a Comment