John W. Knight, III

25712 Highplains Terrace

Laguna Hills, California 92653

714/362-1504

Plaintiffs in Propria Persona

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

John W. Knight, III

Signatories to the Fathers' Manifesto

"Members of the Class"

PLAINTIFFS

Versus

The State of California

Attorney General Dan Lungren

DEFENDANTS

IN RE THE CALIFORNIA FAMILY LAW

ACT OF 1970

CASE NO:

VERIFIED COMPLAINT AND DEMAND

FOR JURY TRIAL

CLASS ACTION SUIT UNDER RULE 23,

FEDERAL RULES OF CIVIL PROCEDURE

CIVIL RIGHTS ACTION UNDER 42 USC 1983

DATE:

TIME:

CTRM:

FULLY INFORMED JURY TRIAL DEMANDED

DEMAND FOR:

COMPENSATORY, PUNITIVE & EXEMPLARY DAMAGES

&

SEVEN HUNDRED AND FIFTY MILLION DOLLARS ($750,000,000)

TO BE ALLOCATED TO THE CALIFORNIA ATTORNEY GENERAL’S BUDGET

(in addition to the current budget)

TO DEFENDANTS THE STATE OF CALIFORNIA, and all interested parties, comes now Plaintiffs John W. Knight, Signatories to the Fathers' Manifesto, and all fathers of California who are Members of the Class, and move this Court for a preliminary order enjoining Defendants from continuing to deprive Plaintiffs of basic numerous God-given fundamental Constitutional rights, and to immediately return the minor Plaintiff Children kidnapped from Plaintiff Fathers, to avert their further abuse, and to protect them from further danger at the hand of and by acts of Defendants. This motion is predicated upon the voluminous credible statistical evidence from the State of California which proves that Defendants have removed 92% of the children of divorce and illegitimacy from Plaintiffs and placed them into fatherless households where, relative to children of father-headed households, they are at substantial and serious risk to an array of social, emotional, educational, moral, religious, ungodly, and economic disadvantages, hereinafter described.

Plaintiffs respectfully pray for:

  1. A 90 day Preliminary Injunction which enjoins Defendants from continuing to act under the color of state law by utilizing the Family Law Act of 1970, the Family Code of 1994, and the Family Law Rules (hereinafter "Family Law Act") to deprive Plaintiffs of their fundamental Constitutional rights.
  2. A 90 day Preliminary Injunction which enjoins Defendants from continuing to act under the color of state law by utilizing the Family Law Act to break up California families.
  3. A 90 day Preliminary Injunction which enjoins Defendants from continuing to utilize the Family Law Act as the basis for removing assets from those families and depositing these assets into their own bank accounts.
  4. An order that Defendants produce a cost/benefit analysis within 90 days which fully justifies the Family Law Act, and to make the injunction permanent in the event the cost/benefit analysis is not produced or does not justify its annual $294 Billion economic loss to California.
  5. An order that Defendants demonstrate within 90 days the compelling state interest advanced by the Family Law Act and to make the injunction permanent in the event it is not produced or does not justify its annual $294 Billion economic loss to California.
  6. An order that if neither the compelling state interest nor the cost/benefit analysis are produced, or if they are unacceptable to this court, that The Ten Commandments of the Bible stand as family law until such time as the voters of California establish an acceptable Family Law Act.
  7. An order that enjoins Defendants from continuing to maintain practices and policies in violation of civil rights of Plaintiff Children and Plaintiff Fathers.
  8. An order that enjoins Defendants from interfering with Plaintiffs' pursuit of filing their federal actions in this Court or any other court of this nation.
  9. An order that enjoins Defendants, their lawyers, employees, and others otherwise directed in their duties by Defendants, from interfering with Plaintiffs' practices, businesses, and family life and enjoining Defendants from harassing or communicating with their friends, relatives, clients, or customers.
  10. An order that the State of California appropriate funds in the amount of $750 Million in addition to its current budget to the State Attorney General's office for the investigation and prosecution of corrupt public officials.
  11. An order that awards compensatory damages to Plaintiffs as to all these claims together with pre-judgment interest against Defendants herein, individually, jointly and severally.
  12. An order that awards exemplary damages proved by Plaintiffs as to all these claims.
  13. An order that awards treble damages as required by law.
  14. An order that awards Plaintiffs' costs incurred in this suit.
  15. An order that compensates Plaintiffs for past discrimination.
  16. An order that awards Plaintiffs such costs other and further relief as the court may deem just and proper.
  17. To avert a clear and present danger to Plaintiff Children, and to prevent their further social, emotional, educational, moral, religious, ungodly, and economic abuse at the hands of Defendants who had "knowledge of the law" under "color of law" when implementing any acts and/or omissions in this matter, an order that enjoins Defendants from the corrupt, systemic practice of removing children from their biological fathers (hereinafter "natural fathers") in violation of their fundamental Constitutional and Godly rights.

 

 

 

TABLE OF CONTENTS

JURISDICTION *

BRIEF STATEMENT OF THE CAUSES OF ACTION *

FIRST CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Fifth Amendment Right to a Presentment or Indictment of a Grand Jury When Being Held to Answer For An Infamous Crime. *

SECOND CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Seventh Amendment Right to a Trial By Jury For Each Matter In Which the Value in Controversy Exceeds Twenty Dollars. *

THIRD CAUSE OF ACTION – Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Common Law Rights *

FOURTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs' Right to Privacy *

FIFTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" as Afforded By the First Amendment to the *

Constitution By Failure to Prosecute Adultery. *

SIXTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" Protected by the First Amendment to the Constitution By Failure to Prosecute Perjury. *

SEVENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, *

Deny Plaintiffs "free exercise [of religion]" Protected By the First Amendment to the Constitution By Interference in the Father/child Relationship Established By God. *

EIGHTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs' "free exercise [of religion]" Protected By the First Amendment to the Constitution By Altering A Solemn Promise to God. *

NINTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Reinstituted Slavery and Involuntary Servitude in Violation of the Thirteenth Amendment. *

TENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Intentionally Misled Plaintiffs With Unconstitutionally Vague Laws. *

ELEVENTH CAUSE OF ACTION -- Defendants Impermissibly Bias Case Law By Prohibiting the Publishing of Critical Appeals Court Rulings *

TWELFTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Intentionally Inflicted and Continue to Inflict Undue Emotional Distress Upon Plaintiffs. *

THIRTEENTH CAUSE OF ACTION -- Defendants Failed to Articulate a Compelling State Interest *

FOURTEENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, deny Plaintiffs Fatherhood as a Liberty Interest in "life, liberty, and property" Afforded by the Fifth Amendment to the Constitution. *

FIFTEENTH CAUSE OF ACTION -- Defendants, by and through the Family Law Act, deny Plaintiffs "due process of the law" afforded by the Fifth Amendment to the Constitution. *

SIXTEENTH CAUSE OF ACTION -- Defendants deny Plaintiffs God-given Rights By Applying "Absolute Judicial Immunity" to Themselves *

DEFENDANTS AND DEFINITION OF CLASS *

STATEMENT OF CASE *

DECLARATION OF PLAINTIFFS *

QUESTIONS OF LAW *

CAUSES OF ACTION *

FIRST CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Fifth Amendment Right to a Presentment or Indictment of a Grand Jury When Being Held to Answer For An Infamous Crime. *

SECOND CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Seventh Amendment Right to a Trial By Jury For Each Matter In Which the Value in Controversy Exceeds Twenty Dollars. *

THIRD CAUSE OF ACTION – Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Common Law Rights *

FOURTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs’ Right to Privacy *

FIFTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" as Afforded By the First Amendment to the Constitution By Failure to Prosecute Adultery. *

SIXTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" Protected By The First Amendment to the Constitution By Failure to Prosecute Perjury. *

SEVENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" Protected By the First Amendment to the Constitution By Interference in the Father/child Relationship Established By God. *

EIGHTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs' "free exercise [of religion]" Protected By the First Amendment to the Constitution By Altering A Solemn Promise to God. *

NINTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Reinstated Slavery and Involuntary Servitude in Violation of the Thirteenth Amendment. *

Enslavement of Plaintiff Children *

Enslavement of Plaintiff Fathers *

TENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Intentionally Misled Plaintiffs With Unconstitutionally Vague Laws. *

ELEVENTH CAUSE OF ACTION -- Defendants Impermissibly Bias Case Law By Prohibiting the Publishing of Critical Appeals Court Rulings *

TWELFTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Intentionally Inflicted and Continue to Inflict Undue Emotional Distress Upon Plaintiffs. *

THIRTEENTH CAUSE OF ACTION -- Defendants Failed to Articulate a Compelling State Interest *

FOURTEENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs Fatherhood As a Liberty Interest Protected By "life, liberty, and property" In The Fifth Amendment to the Constitution. *

FIFTEENTH CAUSE OF ACTION -- Defendants, by and through the Family Law Act, deny Plaintiffs "due process of the law" afforded by the Fifth Amendment to the Constitution. *

SIXTEENTH CAUSE OF ACTION -- Defendants Deny Plaintiffs God-given Rights By *

Applying "Absolute Judicial Immunity" to Themselves *

UNITED STATES CODE, TITLE 42, SECTION 1983. *

UNITED STATES CODE, TITLE 42, SECTION 1985 *

UNITED STATES CODE, TITLE 42, SECTION 1986. *

UNITED STATES CODE, TITLE 42, SECTION 1988 *

INJURY TO PLAINTIFFS *

INJURY TO WORKERS, TAXPAYERS, AND RESIDENTS OF CALIFORNIA *

JURY DEMAND *

 

JURISDICTION

This Court has jurisdiction, and Plaintiff brings this action to enforce his fundamental Constitutionally secured liberties, under 42 U.S.C. Sections 1983, 1985 (2) & (3), 1986 and 1988; as aforesaid sections are declaratory of the common law; the U.S. Constitution (1789) First, Fourth, Fifth, Sixth, Ninth, Thirteenth and Fourteenth Amendments; the Restrictive and Declaratory clauses to the U.S. Constitution (commonly referred to as the "Bill of Rights"), the statute of 1776 (commonly referred to as the Declaration of Independence),and its declaratory Liberty, Property and Pursuit of Happiness Clauses of said Declaration under God; the Magna Charta; Article III, Sections 1 & 2 (which does not mandate the exclusion of domestic relations cases from the federal court jurisdiction) of the U.S. Constitution; 28 U.S.C. Sections 1331 (a); 28 U.S.C. 1343 (1), (2) & (3); 28 U.S.C. 1391 (a); 28 U.S.C. 2284; Article VI, Section 2 of the U.S. Constitution as it regards to treaties, specifically the Universal Declaration of Human Rights, Articles 1-13,16-20,25,30 as adopted by the 50 united states.

This cause also arises under The Federal Criminal Code, 18 U.S.C. 3, 4, 5, 9, 241, 242, 247, 371, 1073, 1383, 1503, 1621, 1622, 1623, 2381 and 2382 as said codes are declaratory of the common law.

In Mitchum v. Foster, 407 U.S. 255, Mitchum, DBA Book Mart v. Foster et al. On appeal from the United States District Court for the Northern District of Florida, No. 70-27, argued December 13, 1971 – decided June 19, 1972 the United States Supreme Court held that 28 U.S.C. 2283, which is an absolute bar to injunctions against State Court proceedings in most suits, does not apply to a suit brought under 42 U.S.C. 1983 seeking an injunction of State proceedings." Plaintiffs are clearly seeking not only a temporary restraining order but a "permanent injunction" against the State of California to cease all actions, including kidnapping and slavery under the Family Law Act. Thus the United States District Court has jurisdiction under 42 U.S.C. 1983.

18 U.S.C. 3231 clearly establishes the jurisdiction of this court:

"The district court of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States" Plaintiff alleges that the actions of the Defendants violated Federal Criminal Codes and therefore are offenses against the laws of the United States."

The district court of the United States, Central District of California has jurisdiction under 18 U.S.C. 3237 (a), which states:

"Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in on district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed."

"For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate, or by any chancellor, judge or a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as provided in Chapter 207 of this title, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the office of the clerk of such court, together with the recognizance’s of the witnesses for their appearances to testify in the case." 18 U.S.C. 18 U.S.C. 3041.

The United States Magistrate has jurisdiction under the Civil Rights Acts of 1866 and 1871 which was never repealed and clearly places the redress by citizens for deprivation of rights in Federal Jurisdiction. Original "arising under" jurisdiction, pursuant to Art. III, Sec. 2, Cl. 1, was vested in the Federal Courts by Sec. 11 of the Act of Feb. 13, 1801, 2 Stat. 92, but was repealed only a year later by Sec. 1 of the Act of Mar. 8, 1802, C. 8, 2 Stat. 132. It was not until 1875 that Congress granted the Federal Courts "Original Cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States…" Act of Mar. 3, 1975, Sec. 1, 18 Stat. 470. The jurisdiction amount has since been raised from $500 to $2,000 by the Act of Mar. 3, 1887, Sec. 1, 24 Stat. 552; to $3,000 by the Act of Mar. 3, 1911, Sec. 24, 36 Stat. 1091; and to $10,000 by the Act of July 25, 1058, 72 Stat. 415. The provision is now codified as 28 U.S.C. 1331(A). The only exception was Sec. 25 of the Judiciary Act of 1789, 1 Stat. 85, providing for Supreme Court review whenever a claim of Federal Right is denied by a State Court. Thus, as originally enacted, Sec. 1 of the 1871 Act provided that the proceedings authorized by the Act are "to be prosecuted in the several District or Circuit Courts of the United States…" 17 Stat. 13. This aspect of Sec. 1 is now codified as 28 U.S.C. 1343(3).

Plaintiffs request a "probable cause hearing" be schedule to determine if arrest warrants should be issued for the arrest of the Defendants for violations of Federal Criminal Laws.

This Court has jurisdiction over the Plaintiff’s common law claims, which arise out of the same nucleus of operative facts, as do Plaintiff’s federal claims according to the principles of pendent jurisdiction. Violations of Plaintiff’s rights have occurred in California; harassment, intimidation, attempted retribution and retaliation by "officials of the court".

The U.S. District Court has additional jurisdiction under:

28 U.S.C, 1343-(a): The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:

"(1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42."

"(2) to recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent."

"(3) To redress the deprivation, under color of any State Law, statute, ordinance, regulation, custom or usage, or any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all person within the jurisdiction of the United States."

"(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights…"

28 U.S.C. 1443—"Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending:

(1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of al persons within the jurisdiction thereof,

(2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law."

28 U.S.C. 2201, 2202 provide for Declaratory Relief defining whether or not the Defendants have any immunity at all since they are creatures of the legislative (Senate) appointment and confirmation process. Judges are confirmed by the political process, fall under the purview of WE THE PEOPLE, and are under our will. WE THE PEOPLE were and are represented by our public servants in Congress which passed the 1866 and 1871 Civil Rights Acts specifically to deprive all state officials immunity from suit. To date there has never been a modification by Congress or a ratification to change any Constitutional provision, either in the Constitution for the United States of America or any State Constitutions, which ever gave judges or any other state public official any immunities whatsoever.

18 U.S.C. 3231—-"The district courts of the United Sates shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States."

18 U.S.C. 3237—-"(a) Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed."

18 U.S.C. 3041—"For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate, or by any chancellor, judge of a supreme or superior court, chief or fist judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United State, be arrested and imprisoned…"

18 U.S.C. 1514—Under this statute this court has the jurisdiction to issue a restraining order against Defendants to prohibit the harassment by Defendants of the Plaintiffs, their witnesses, and any other witnesses to the abusive actions of the Defendants.

Before this Court entertains a motion to dismiss, it should consider Ankerbrandt v. Richards, 112 S.Ct. (1992) and Haffer v. Mello, (1991) The Younger and Burford abstentions do not apply to this case. See Mitchum v. Foster, 407 U.S. 225, 315 F.Supp. 1387.

This case involves vital questions of civil rights important to many Americans of similar circumstances throughout this nation, thus abstention should not be considered. Exception to the abstention doctrine justly lies in this cause as Plaintiffs challenges state action, conduct as state officials, and others where such action and conduct "under color of law" impinges on fundamental civil liberties and constitutional rights. Plaintiff urges the Court to take particular concern since the State system has been unwilling to protect those rights itself Plaintiff avers that the State of California, Superior Court of California, County of San Diego has breached it’s obligation and duty to protect the civil liberties of United State Citizens; the State Constitution; the California Penal Codes; the Federal Criminal Codes and the United States Constitution. By such breaches of its duties the State of California, through its appointed and elected officials has waived its Eleventh Amendment immunity for both the State and it’s appointed or elected officials. Plaintiff’s complaint would be improperly placed in the state court as the State has refused to uphold the Constitution. Plaintiff’s complaint involves numerous other violations of Federal law and State law.

Even a claim that Plaintiff’s might be resolved under the due process clause of the State Constitution would not be grounds for abstention. The Court should further find reason to assume jurisdiction in light of the intimidation tactics by the State judiciary, threats by judicial appointees, intentional violation of the laws of the State by its judiciary and its judicial appointees, all with the design to obstruct him from bringing fourth the exercise of his constitutional and civil rights.

This Court should not hold this litigant’s pleadings to the same high standards of perfection of lawyers. If faced with a motion to dismiss, the Court should give Plaintiffs pleadings especially lenient treatment so that before the Court dismisses the complaint of this In Propria Persona Plaintiff he can be given an opportunity to offer evidence or further particularize his claim. The Federal Courts have related that In Propria Persona Civil Rights pleadings are to be liberally construed.

Defendants the State of California are the prime offender and are therefore under the jurisdiction of this Court.

All parties fall under the jurisdiction of this court. Other courts may have "partial jurisdiction" and could take actions, but the district court’s jurisdiction and the constitutional issues supersede all state or county interests.

This Court has further jurisdiction and venue concerning the Constitution for the State of California (1849). CA Const. Art. III 3 states:

"The State of California is an inseparable part of the United States of America, and the Constitution of the United States is the supreme law of the land."

The Constitution of the State of California acknowledges that the Constitution of the United States has priority over "any or all laws, enacted or not enacted" by the State of California and "in fact" transfers, without argument or discussion all jurisdiction over "Constitutional Issues" to the courts of the United States and to the "investigative arms" of the United States.

The United States District Court has the authority and the jurisdiction to order lower courts and official investigative agencies to take actions to retroactively enforce all laws of the United States. Plaintiff demands that the Court exercise this authority and so direct the courts and agencies listed herein to take such actions where specific "jurisdiction may reside."

Federal Bureau of Investigation

The Federal Court has jurisdiction as a result of the fact that Plaintiff Children were "legally" kidnapped by Defendants under the provisions of the California PENAL CODE : SECTION 207-210 regarding "kidnapping":

207. (a) Every person who forcibly, or by any other means of

instilling fear, steals or takes, or holds, detains, or arrests any

person in this state, and carries the person into another country,

state, or county, or into another part of the same county, is guilty

of kidnapping.

The Act of kidnapping places the criminal activities in this case under direct and clear Federal Jurisdiction.

The Federal Bureau of Investigation has jurisdiction over investigation of the conduct of the court, fraud, perjury and other illegal acts of judicial officers.

In 1996 the FBI brought 2,108 counts against Defendants for 18 U.S.C. 242 violations for "deprivation of rights under color of law", therefor establishing jurisdiction over this case. In 1996 the FBI brought 554 counts against Defendants for "conspiracy against civil rights", therefor establishing jurisdiction over this case. In 1996 the FBI brought 854 counts against Defendants for "conspiracy to defraud the U.S." therefor establishing jurisdiction over this case.

The Federal Bureau of Investigation has additional jurisdiction in it’s capacity as the investigative arm of the United States Attorney and the United States Magistrates Office.

United States Attorney General

The Civil Rights Division-Criminal Section has jurisdiction over:

"The federal criminal civil rights statutes…" (that) "provide for prosecutions of conspiracies to interfere with federally protected rights, deprivation of rights under color of law, …"

The Civil Rights Division-The Special Litigation Section has jurisdiction to:

"… investigate state and local law enforcement agencies alleged to engage in a pattern or practice of violating citizens’ federal rights and may bring civil lawsuits to remedy such abuses."

The Assistant Chief of Police of San Diego, Nancy Goodrich stated clearly that it was the policy of the San Diego Police Department not to investigate or arrest any person for fraud or perjury and would not enforce the California Penal Code. This places this case clearly and irrefutably into the jurisdiction of the United States Attorney’s Office-Civil Rights Division.

The Court has the jurisdiction to request that the United States Attorney General investigate these complaints.

We hereby request that the United States Attorney General intervene in these proceedings on behalf of the Citizen’s of California and the Citizen’s of the United States of America under it’s jurisdiction as outlined in 28 U.S.C. 2403 which states:

"(a) In any action, suit or proceeding in a court of the United States to which the United States or any agency, officer or employee thereof is not a party, wherein the constitutionality of any Act of Congress affecting the public interest is drawn in question, the court shall certify such fact to the Attorney General, and shall permit the United States to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. The United States shall, subject to the applicable provisions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extend necessary for a proper presentation of the facts and law relating to the question of constitutionality."

Superior Court

The presiding judge of the superior court has jurisdiction and the authority to issue the requested warrants for arrest under CAL. PEN. CODE 813(a), which states:

"(a) When a complaint is filed with a magistrate charging a public offense originally triable in the superior court of the county in which he or she sits, if, and only if, the magistrate is satisfied from the complaint that the offense complained of has been committed and that there is reasonable ground to believe that the offense complained of has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant..."

The Superior Court of California continually refuses to exercise this authority.

 

 

BRIEF STATEMENT OF THE CAUSES OF ACTION

 

FIRST CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Fifth Amendment Right to a Presentment or Indictment of a Grand Jury When Being Held to Answer For An Infamous Crime.

AMENDMENT V states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand jury…." Defendants have criminalized many Plaintiff Fathers by kidnapping Plaintiff Children without an indictment or presentment from a grand jury, and then falsely accusing Plaintiff Fathers of a wide array of manufactured crimes, also without indictments or presentments from grand juries. Without such a grand jury indictment or presentment, Defendants have held Plaintiff’s responsible for what has become known as the "infamous crime" of paying too little "child support", not paying it, paying it late, paying it to the wrong person, or even paying it in an improper manner, all of which is a violation of federal law.

SECOND CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Seventh Amendment Right to a Trial By Jury For Each Matter In Which the Value in Controversy Exceeds Twenty Dollars.

AMENDMENT VII states "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved …"  Until such time as this amendment (one of the most important of the "Bill of Rights") is amended or repealed, each "controversy" in excess of twenty dollars requires that Plaintiffs’ right to a trial by jury be protected.  A requirement by the court that a citizen make "child support payments" requires a trial by jury prior to any payment exceeding twenty dollars.  If the jury does not concur with the court’s ruling that these payments be made or continue to be made, then Plaintiffs must be compensated for their past excessive payments.  Failure by Defendants to uphold this Constitutional right of Plaintiffs is a violation of federal law.

 

THIRD CAUSE OF ACTION – Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Common Law Rights

CALIFORNIA CIVIL CODE SECTION 22-22.2 states that "the will of the supreme power is expressed, (a) By the Constitution, and (b) By statutes, and the common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the

Constitution or laws of this State, is the rule of decision in all the courts of this State." The children involved in a custody proceeding should not be made the pawns on personal desires, either on the part of the contestants or the court, no matter how sincere such desires may be.

Defendants have both denied Plaintiffs their common law rights as well as made their children "pawns on personal desires" by kidnapping Plaintiff Children from Plaintiff Fathers, a violation of federal law.

 

FOURTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs' Right to Privacy

Failure by Defendants to honor and respect the institution of marriage, the institution in which fatherhood is recognized for the vital role it plays in society, made illegitimate births so financially rewarding to unscrupulous mothers that the illegitimacy rate quintupled. Defendants’ failed to recognize a right to privacy for Plaintiff Fathers equivalent to that for the mothers of illegitimate children, which greatly increased illegitimate births. The Family Law Act in its entirety involves numerous government employees in private family matters who would be proscribed from involvement in these families had this right to privacy been protected by Defendants. Failure by Defendants to confer a corresponding right to privacy to Plaintiffs is a dereliction of one of their most important duties and is a violation of federal law.

 

FIFTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" as Afforded By the First Amendment to the Constitution By Failure to Prosecute Adultery.

Defendants are aware that the Family Law Act specifically failed to reiterate the law against adultery, that it failed to provide a Penal Code section for it, and that it described adultery as a crime only by reference to the Act of 1872 (which exists in few law libraries). Defendants’ failure to enforce existing adultery laws denied Plaintiffs their First Amendment right to "free exercise [of religion]", which led directly to social and economic chaos, and placed Plaintiff Children in harm’s way. Defendants have openly and publicly asserted that they will not uphold this Constitutional right of Plaintiffs, which is a violation of federal law.

SIXTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" Protected by the First Amendment to the Constitution By Failure to Prosecute Perjury.

Defendants enforce the Family Law Act without regard to the one quarter of one page which describes perjury, or bearing false witness, as a crime. Defendants have thus encouraged numerous false allegations and accusations to go forth with impunity. A record high number of Plaintiff Fathers have been falsely accused and imprisoned as a direct result of these false charges, while those who bring forth known false charges are widely known to be rarely if ever punished. This is in direct conflict with the free exercise of the majority of Plaintiffs who are Christians and Jews, whose "free exercise [of religion]" demands that those bearing false witness should suffer an equivalent punishment as would have been meted out to those they falsely accused had they been convicted. This is a violation of federal law.

 

SEVENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" Protected By the First Amendment to the Constitution By Interference in the Father/child Relationship Established By God.

Defendants are fully aware that the Family Law Act so severely undermined family unity by removing parental authority from the family that this First Amendment right has been and is being denied to Plaintiffs. Defendants very effectively and completely prohibited the "free exercise" of Plaintiff Children’s rights and abilities to "honor thy" parents, and prohibited parents from educating and disciplining their children to "honor" them, denying Plaintiffs their "free exercise" of a most important provision of most religions. Specifically, Defendants deny the 85% of Californians who are Christians their "free exercise [of religion]" by prohibiting their ability to obey the Fifth of the Ten Commandments--one of the most important of the Ten Commandments--which is a violation of federal law.

EIGHTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs' "free exercise [of religion]" Protected By the First Amendment to the Constitution By Altering A Solemn Promise to God.

Defendants repealed a law which stated: "The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife must conform thereto", which is consistent with the wife's solemn promise to God to "honor and obey until death do us part". They replaced it with "Husband and wife contract towards each other obligations of mutual respect, fidelity, and support", which Defendants knew would violate this promise to God, undermine family unity and lead to massive family breakdown, which is a violation of federal law.

NINTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Reinstituted Slavery and Involuntary Servitude in Violation of the Thirteenth Amendment.

The United States Magistrate has jurisdiction under the Civil Rights Acts of 1866 and 1871 which was never repealed and clearly places the redress by citizens for deprivation of rights in Federal Jurisdiction. Original "arising under" jurisdiction, pursuant to Art. III, Sec. 2, Cl. 1, was vested in the Federal Courts by Sec. 11 of the Act of Feb. 13, 1801, 2 Stat. 92, but was repealed only a year later by Sec. 1 of the Act of Mar. 8, 1802, C. 8, 2 Stat. 132. It was not until 1875 that Congress granted the Federal Courts "Original Congnizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States…" Act of Mar. 3, 1975, Sec. 1, 18 Stat. 470. The jurisdiction amount has since been raised from $500 to $2,000 by the Act of Mar. 3, 1887, Sec. 1, 24 Stat. 552; to $3,000 by the Act of Mar. 3, 1911, Sec. 24, 36 Stat. 1091; and to $10,000 by the Act of July 25, 1058, 72 Stat. 415. The provision is now codified as 28 U.S.C. 1331(A). The only exception was Sec. 25 of the Judiciary Act of 1789, 1 Stat. 85, providing for Supreme Court review whenever a claim of Federal Right is denied by a State Court. Thus, as originally enacted, Sec. 1 of the 1871 Act provided that the proceedings authorized by the Act are "to be prosecuted in the several District or Circuit Courts of the United States…" 17 Stat. 13. This aspect of Sec. 1 is now codified as 28 U.S.C. 1343(3).

The United States Magistrate has clear jurisdiction for violations of anti-slavery laws enacted following the Emancipation Proclamation freeing all slaves. When President Lincoln "freed slaves" he did not free "black slaves"; he freed "all slaves". Anti-slavery laws have continually used by the courts to "stop the practice of slavery and involuntary servitude" and have applied those laws to Hispanics, Asians and other ethnic groups to stop abusive practices against "minority groups". Through judicial abuse of the California Law Act Defendants have placed Plaintiff Children in bondage and denied them of due process of law. Children of "parents in conflict" are a "minority group" and the traumatic experiences they are forced to endure at the hands of the judicial system in California is "exactly the same" as the trauma experienced by "children of slaves". The Emancipation Proclamation was designed to protect these children and it is appropriately applied to the "children of divorce" and the "non-custodial" parent. The denial of the "children’s" rights to both biological parents fits the definition of slavery, in that the Court (the Slaver), has caused the same traumatic emotional damage that was caused by the institution of slavery abolished by the Emancipation Proclamation. This places jurisdiction clearly in Federal Courts under anti-slavery laws, as this is a violation of federal law.

 

TENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Intentionally Misled Plaintiffs With Unconstitutionally Vague Laws.

Vague laws offend several important values; first, vague laws may trap the innocent by not providing fair warning; second, vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with attendant dangers of arbitrary and discriminatory application; and third, where a vague statute abuts on sensitive areas of basic First Amendment freedoms, it operates to inhibit the exercise of those freedoms. Obeying the law requires Plaintiffs to read, understand, and obey 13,787 pages of massive, confusing, misleading, and ponderous law (Deering’s Family Code, Civil Code, Penal Code, and California Rules of Court) which is a task which would require a battery of lawyers and court appearances to accomplish, yet Defendants expect them to do this. Seven important religious principles are obscured and obfuscated by these 13,787 pages of law and only 3 of the Ten Commandments are given any consideration at all. Expending the time, energy, and funds necessary for even a minor understanding of the law is virtually impossible for most Plaintiffs, and even this would leave out important religious principles. Defendants’ enactment, enforcement and support of the Family Law Act is thus a violation of federal law.

ELEVENTH CAUSE OF ACTION -- Defendants Impermissibly Bias Case Law By Prohibiting the Publishing of Critical Appeals Court Rulings

Defendants have impermissibly biased case law by prohibiting the publishing of decisions which mismatch Defendants' self-serving agenda. In numerous cases, Plaintiffs’ appeal to court orders which are found in their favor (e.g., one which denied the ability to exercise an agreement with ex-wives and creditors regarding a debt [child support]), are not allowed to be published. Even though such a decision may have established important precedents, it is unavailable to Plaintiffs because Defendants impermissibly mixed politics (the desire to "crack down on deadbeat dads") with law (which Defendants’ are responsible, but failed, to uphold). This created a false rationale for violating Plaintiffs’ constitutional rights, which is a violation of federal law.

TWELFTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Intentionally Inflicted and Continue to Inflict Undue Emotional Distress Upon Plaintiffs.

Defendants by and through malicious and willful use and abuse of process, have knowingly, willfully, maliciously and intentionally acted in a civil conspiracy and criminal conspiracy with each other with the aiding and abetting and assisting of each other to deprive and deny parental and childhood rights, and to cause undue emotional distress upon Plaintiff Fathers and Children. Because of said conspiracy to violate rights, Plaintiff fathers have suffered injuries and damages in violation of federal law.

THIRTEENTH CAUSE OF ACTION -- Defendants Failed to Articulate a Compelling State Interest

Substantive due process analysis looks to whether law at issue bears any rational relationship to any interest that Defendants may legitimately promote. Defendants have shown no compelling state interest, however, which would justify their violation of so many constitutional rights to so many Plaintiffs. Even if they produced any evidence at this late date that this Act improved even one minority group, one financial statistic, one economic statistic, or one individual, they still could not justify the $294 Billion annual loss to California. Defendants' assertion that mothers should have a controlling interest over, or an equal interest to, the father in the private affairs of the family upset family structure and stability so severely that family breakup was inevitable. Their assertion that this is "in the best interest of the children" is wildly protested by Plaintiffs who see not a single concern for nor improvement in the "welfare of the children" by Defendants. Their assertion that this was necessary to make up for past "discrimination against" mothers is contravened by the fact that women and mothers are the ones most harmed by this Act -- family breakup is ultimately more damaging to women and motherhood than it is to most men and fatherhood. Their assertion that mothers somehow benefited from this newfound freedom is contravened by every bit of statistical evidence to the contrary. Failure by Defendants to articulate a compelling state interest is a violation of federal law.

FOURTEENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, deny Plaintiffs Fatherhood as a Liberty Interest in "life, liberty, and property" Afforded by the Fifth Amendment to the Constitution.

The right of parents to the care, custody and to nurture their children is of such character that it cannot be denied without violating fundamental principals of liberty and justice which lie at the base of all our civil and political institutions. SUCH RIGHT IS A FUNDAMENTAL RIGHT PROTECTED BY THE FIFTH AMENDMENT. Plaintiffs and their cohorts in California have been constantly and continuously deprived of these Fifth Amendment rights by Defendants’ enactment and enforcement of the Family Law Act for almost 3 decades. Defendants have adamantly and publicly refused to take any steps whatsoever to mitigate or alleviate this problem, and have thus been directly responsible for significantly increasing California’s divorce and illegitimacy rates. This family breakdown is directly responsible for the placement of 3.5 million Plaintiff Children at serious risk by depriving them of care by and contact with their natural fathers, which is a violation of federal law.

 

FIFTEENTH CAUSE OF ACTION -- Defendants, by and through the Family Law Act, deny Plaintiffs "due process of the law" afforded by the Fifth Amendment to the Constitution.

It is well established in case law that a parent's interest in custody of children is a "liberty interest" which has considerable constitutional protection. A parent who is deprived of custody of his or her child, even though temporarily, suffers thereby grievous loss and such loss deserves extensive due process protection. California records show that 92% of the divorced fathers of California have been deprived of the right and ability to care for and nurture their natural children without this "due process of the law". Defendants not only prevent this "due process of the law" from Plaintiffs through the Family Law Act, but they compounded already serious family problems, criminalized fathers who exercise basic parental responsibilities and rights, and doubled the divorce rate placed both Plaintiff Children and Plaintiff Fathers at serious risk and in harm’s way: 1) The risk of premature death of those who divorce and remarry increases by 40%. 2) The risk of premature death of those who divorce and do not remarry increases by 120%. 3) The risk of premature death of children whose parents divorced prior to their reaching age 21 increases by 44%. Defendants knew or should have known that an Act which increases the divorce rate is also harmful to Plaintiffs’ health, and is a violation of federal law.

 

SIXTEENTH CAUSE OF ACTION -- Defendants deny Plaintiffs God-given Rights By Applying "Absolute Judicial Immunity" to Themselves

The separation of the three powers of government--legislative, judicial, and executive--is guaranteed by the Constitution precisely to prevent the abuse of government power under which Plaintiffs suffer. Congress (the Legislative branch of government) passed the 1866 and 1871 Civil Rights Acts specifically to deprive all state officials of any immunity from suit. To date there has never been a modification by Congress or a ratification to change any Constitutional provision, either in the Constitution for the United States of America or any State Constitutions, which ever gave judges or any other state public official any immunities whatsoever. Defendants, through the judicial branch of government, have used "case law" to supersede this properly established law, a violation of federal law.

SEVENTEENTH CAUSE OF ACTION--Defendants, By and Through the Family Law Act, Deny Plaintiffs "equal protection" Afforded by the Fourteenth Amendment

Plaintiffs are aware of the conflict which exists between the First Amendment right to free exercise of religion and the Fourteenth Amendment right to "equal protection" which has been responsible for much recent case law. The attempts of the Family Law Act and most recent court rulings to replace vital Christian principles with "gender equality" principles has, in the opinions of Plaintiffs, been sheer disaster. The voluminous statistical evidence cited herein regarding the breakdown of the family, rising crime and incarceration rates, immoral behavior, economic malaise, and high tax rates is evidence enough that the original "Bill of Rights" should not be so easily dismissed. If this court does give "equal protection" a higher priority than free exercise of religion, then the gender-biased manner in which the Family Law Act has removed "equal protection" from fatherhood renders the entire Family Law Act unconstitutional on this basis alone.

 

DEFENDANTS AND DEFINITION OF CLASS

DEFENDANTS

Defendants the California State were at all times material to this Complaint. This suit against the State of California is brought under the "expressly authorized" exception of 42 USC 1983 to 28 USC 2283 anti-injunction provision for equitable relief. The State of California is sued in cause for its willful participation in the deprivation of civil rights guaranteed by the Constitution of the United States wherein it is alleged that "under color of law" proceedings of state courts were motivated by i) bad faith, ii) harassment, iii) and deliberate and selective application and/or omission of the Family Law Act and other state law which flagrantly and patently violate express constitutional prohibitions. The State of California includes the Members of the State Legislature which voted for enactment of the Family Law Act of 1970, all current Members of the State Legislature who are aware of this unconstitutional practice and have failed to act to end it, The Governor of the State of California Pete Wilson, all family law Judges who have enforced any unconstitutional provision of this Act, all family law attorneys who have participated in any unconstitutional practices as a result of this Act, and all other members, officers, lawyers, employees, agents, or contractors of Defendants who have in any way aided and abetted the enforcement of, or illegally profited from, this unconstitutional Act. Defendants are being sued jointly and severally and personally, as said defendants were present within this court's jurisdiction for all acts and/or omissions that occurred in this matter during this time.

 

 

 

MEMBERS OF THE CLASS

Every father, natural or by marriage, who has lost his fundamental liberty interest, protected by his Constitutionally secured liberties, to the absolute God-given right and unrestricted right to the fatherhood of his children, and every child who has lost a liberty interest to paternal guidance, by an unconstitutional or ungodly act, or by an unconstitutional or ungodly failure to act, or by any other act and/or omission committed by any member of the California judiciary, legislature, and executive branch, is a Member of this Class. This liberty interest includes but is not limited to the first amendment right to "free exercise [of religion]", the fifth amendment right to "life, liberty, & property", the fifth amendment rights to "due process of the law" and "equal protection of the law", Justice Brandeis' "right to privacy", the Thirteenth Amendment prohibition of slavery and involuntary servitude, the Fifth Amendment right to a presentment or indictment of a Grand Jury when held to answer for an infamous crime, and the Seventh Amendment right to a trial by jury where the value in controversy exceeds twenty dollars. The Members of the Class are too numerous and too widely spread geographically, and travel costs and time off work would be too high, to enable them to participate in a joinder. There are an estimated 2.6 million Plaintiff Fathers, and 3.5 million Plaintiff Children residing in 2.6 million fatherless households in California who are potential Members of the Class.

The representative parties have precisely the same claims as all the Members of the Class, and their goal is to solely and fairly and adequately protect these vital interests of the entire class and their posterity.

Respectfully Submitted, __________________________

Dated: May 12, 1998 John W. Knight, III, et al, on behalf of

Signatories to the Fathers' Manifesto

"Members of the Class"

Plaintiffs in Pro Per

STATEMENT OF CASE

Plaintiffs hereby submit the following Statement of Case.

This is a Class Action Suit filed pursuant to Rule 23 of the Rules of Civil Procedure by and on behalf of the Members of the Class, the children and fathers of California whose Civil Rights have been and are being denied in violation of 42 USC 1983. Defendants willfully and knowingly and consistently deprived and continue to deprive Plaintiffs of their Constitutional, common law, natural and God-given rights by enactment and enforcement of the Family Law Act.

The attached economic analysis documents damages to Plaintiffs in the total amount of $5,013 Billion, for which all Defendants are individually, jointly, and severally liable. These damages shall continue to accrue until these claims are adjudicated.

THE ISSUE BEFORE THE COURT IS CHILD ABUSE. Claims to the contrary are simply obfuscation and can no longer be tolerated. Plaintiff children are at substantial physical, financial, and emotional abuse when deprived of their natural fathers, as hereinafter described, and they must be protected. Plaintiff Fathers demand that the welfare of their children take precedence over Defendants' misuse and abuse of the principle of "absolute judicial immunity". Defendants' destructive, immoral, illegal, sacrilegious, ungodly, anti-Christian, and unconstitutional practices must be proscribed by this court at the earliest possible moment.

The California Family Law Act passed in 1972 by the Legislature and endorsed and enforced by Governor Pete Wilson, the California judiciary, and the complete legal cottage industry surrounding the resulting chaos, prohibits the "free exercise [of religion]" guaranteed by the First Amendment, violates "due process" protected by the Fifth Amendment, violates the "right to privacy" enshrined by Justice Brandeis, denies fathers and children their "liberty interest" guaranteed by the Fifth Amendment, is unconstitutionally vague, increased the mortality rate of Plaintiffs by anywhere from 40% to 120%, and reinstituted slavery in violation of the Thirteenth Amendment. Coupled with Defendants' prior failures to enforce important existing laws, it silently and comprehensively denies the ability of all major religious peoples, particularly Christians, Jews, and Muslims, to follow, obey, and be treated according to seven of the Ten Commandments. It is so contradictory, confusing, and massive that an ordinary citizen could not reasonably be expected understand the majority of its commands. Even if SAT scores had not plunged 98 points as a direct result of the family breakdown caused by the passage and enforcement of this Act, it would still be unconstitutionally vague. Plaintiffs can't live by it, can't afford the library which is required to learn about it, and can't take the time to study it without losing much valuable time away from their careers, their families, and their businesses. It is so complex that the media has not and most likely cannot analyze or present it. Most citizens thus don't even know or understand very much about an Act which strikes directly at every principle of freedom, free enterprise, the Bill of Rights, the Bible, religious freedom, natural law, God, family organization and stability, "due process", and "right to privacy".

It was enacted by the California State Legislature at a time in California's history when it should have enacted legislation intended to accomplish just the opposite. The Legislature should have enacted a Family Law Act which strengthened the role of the father and stabilized families. Instead, it enacted laws which Defendants knew or should have known would seriously weaken the fathers' role, lead to family breakdown and crime, reduce incomes and education quality, subject millions of children to the trauma of family breakup and of fatherless homes, and create economic and social chaos. It is no longer conjecture that this is what might happen--this is precisely what did happen immediately following its enactment. Defendants are or should have been aware that, in every way that California's economy and society can be measured, the consequences of this Act have been nothing but disastrous. Defendants might argue that they didn't know this would happen, but that is no better a defense than a murderer arguing that he didn't know the gun was loaded when he shot and killed a policeman. The damage caused to society by Defendants is thousands or tens of thousands of times greater than the damage caused to society by the loss of a policeman's life. In both cases the Defendants are culpable. Ignorance of the law, and of the law's consequences, is not a defense.

Defendants require Plaintiffs to live by 13,727 pages of law which is a mental and physical impossibility. Worse, these 13,727 pages still fail to clarify and even obfuscate crucial moral, ethical, legal, religious, godly, and logical principles. One of the most important of the Ten Commandments is "Thou shalt not commit adultery", but adultery is hardly mentioned in any one of these 13,727 pages. No Plaintiff, no attorney, no judge, and no politician who has been questioned about this Act can even venture a guess about whether adultery is against the law or not. "Thou shalt not bear false witness" is not mentioned at all, and its modern day equivalent "perjury" occupies only a quarter of a page (less than 0.002% of the total mass). Plaintiffs, attorneys, judges, and politicians who have been questioned do not know if either of these important principles are illegal, enforced, or even of concern to Defendants. These are the courts now overburdened by the crime created by the family breakdown, which was caused in the first place by the same Defendants in their enforcement of this Act. Plaintiffs question why these two important laws are not enforced and assert that Defendants have placed their financial gain ahead of enforcement of very important laws put in place by we the people through our duly elected representatives in the State Legislature, and never repealed. Requiring Plaintiffs to read and understand 13,787 pages of law, not upholding God’s law, natural law, common law, common sense, the united states Constitution, nor the California Constitution, AND failure to make it clear whether adultery or perjury are violations of the law, is unconstitutionally vague.

Vague language quietly violates important Constitutional and godly rights and creates social and economic pathology. The evidence is now abundant that passage and enforcement of this Act by Defendants led directly to the social and economic pathology described herein. Defendants are aware, and have always been aware, of the voluminous documentation, which shows that the children of fatherless households have a plethora of social, moral, religious, and economic problems relative to the children of intact families. Defendants are aware and have always been aware that this Act was destined to remove California's children from fathers and to put almost 40% of them in precisely into this danger zone. Defendants are aware and have always been aware that a more destructive social agenda has never before been attempted in this State, nor even in this nation. The divorce rate doubled. The murder rate doubled. The incarceration rate quadrupled. The illegitimacy rate quintupled. Two and a half million children now live without their fathers in California. Drug use doubled. Suicide tripled. The "clearance rate" for murders plunged from 92% to 63%. Violent crime increased 560%. Welfare expenditures increased 10 fold. The Personal Savings rate in California dropped from more than 12% to less than 2%. Abortions more than doubled. SAT scores declined 98 points. The number of hours per day that children watch TV increased from 5 hours to 7 hours. Where manufacturing workers outnumbered government workers by 2 1/2 times prior to enactment of the Family Law Act, there are now more government workers than there are manufacturing workers. 70% of the world's lawyers are now in California, producing per capita 28 times as many lawyers as countries like Japan.

Defendants have failed to advance a single social, economic, education, religious, or moral statistic which improved following their passage and enforcement of this Act, and Plaintiffs assert that they are unable to do so. Unless Defendants were very poorly educated, ignorant of the society they were tasked and paid to protect, stupid, or living in Ivory Towers, it is impossible that they could have implemented this act without full knowledge of the disastrous consequences. Plaintiffs assert that they proceeded merely out of a selfish and self-serving concern for the creation of their own economic bonanza, to the serious emotional, health, and financial detriment of their benefactors, the Plaintiffs. Plaintiffs assert that this is a supreme violation of the trust placed in them by Plaintiffs, God, all California residents, taxpayers nationwide, and fathers worldwide.

The most basic responsibility of Defendants was and is to ensure that no child is reared in California without the best opportunity to benefit from paternal guidance and care by any and all available and living natural fathers. Each and every one of the named Defendants have actively participated in the establishment of a complex, expensive, and aggravating system designed from its inception to fail completely at this vital task. Defendants have been warned time and again, in suit after suit, in trial after trial, in court after court, with dollar after wasted dollar, that their actions have cost Plaintiffs their intact families, businesses, careers, jobs, relatives, friends, reputations, credit ratings, health, and even lives, and that their actions have severely and adversely impacted the California economy, education system, welfare system. Defendants have proven by example that they will continuously fail to act responsibly to correct this travesty of justice unless and until this court exercises its lawful authority and enjoins them from doing so.

 

DECLARATION OF PLAINTIFFS

I, a Member of the Class, and Plaintiff, am competent to testify in the above entitled matter and if called to do so would testify as follows:

  1. I am the natural father of the minor children on whose birth certificate my name appears as the father. I reserve, and hereby assert my perfect right, my absolute right, superior to Defendant’s in this matter, to assume such identity within my own natural born person and/or home. I also declare, that my children are my property, and no others; and that I have a perfect right and absolute right, superior to defendant’s in this matter, the enjoy the secured liberty to said property.
  2. My home is in fact my castle, my progeny my property; and I have complete lawful control and domain over my home and property over those interests or intrusions or trespasses from or by government which is subordinate to my interests and perfect and absolute rights.
  3. My Constitutional, common law, religious, natural, biological, God-given rights have been and are continuing to be violated by the State of California and its employees named above as Defendants, who acted under the color of state law.
  4. My children's Constitutional, religious, natural, biological, God-given rights have been and are continuing to be violated by the State of California and its employees named above as Defendants, who acted under the color of state law.
  5. The Family Law Act played and continues to play a pivotal role in the destruction of my family and in denying my children a vital and healthy relationship with their own natural father.
  6. My concern for my children, my Constitutional rights, and my Godly rights is so intense that my ability to earn a living or to pursue life, liberty, or happiness has been seriously undermined by this violation of my rights.
  7. My children are and continue to be, at the hands of Defendants, at serious risk of child abuse, child sexual abuse, poor moral guidance, poor education quality, reduced religious training, emotional abuse, and financial disadvantage.

I swear under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Respectfully submitted.

 

______________________________

Dated: May 12, 1998 John W. Knight, III

Signatories to the Fathers' Manifesto

"Members of the Class"

Plaintiffs in Propria Persona

 

QUESTIONS OF LAW

1.Is the State Legislature's stated concept of "gender equality" a compelling state interest sufficient to deny the "free exercise [of religion]" to 2.6 million California fathers and to place 3.5 million of their children at serious emotional, financial, and physical risk?

2.Is the judiciary's claim of "absolute judicial immunity" a more compelling State interest than eliminating the problem that led to $5,012 Billion in losses to the Plaintiffs of State of California.

3.Is the "prevailing mood of the 1970's" a compelling state interest sufficient to justify this $5,013 Billion economic loss?

4.By what justification can those directly responsible for this $5,013 Billion economic loss, who did so under the color of state law, now assert judicial immunity?

5.Is "the prevention of child abuse" a compelling state interest sufficient to justify this $5,013 Billion economic loss?

 

CAUSES OF ACTION

FIRST CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Fifth Amendment Right to a Presentment or Indictment of a Grand Jury When Being Held to Answer For An Infamous Crime.

AMENDMENT V states:

No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand jury,

except in cases arising in the land or naval forces, or in the

militia, when in actual service in time of war or public danger; nor

shall any person be subject for the same offense to be twice put in

jeopardy of life or limb; nor shall be compelled in any criminal case

to be a witness against himself, nor be deprived of life, liberty, or

property, without due process of law; nor shall private property be

taken for public use without just compensation.

Defendants have criminalized many Plaintiff Fathers by kidnapping Plaintiff Children without an indictment or presentment from a grand jury, and then falsely accused Plaintiff Fathers of a wide array of manufactured crimes, also without indictments or presentments from grand juries. Without such a grand jury indictment or presentment, Defendants have held Plaintiff’s responsible for what has become known as the "infamous crime" of paying too little "child support", not paying it, paying it late, paying it to the wrong person, or even paying it in an improper manner. By this process and by use of provisions of the Family Law Act, Defendants have denied Plaintiffs this Fifth Amendment right and violated federal law.

 

SECOND CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Seventh Amendment Right to a Trial By Jury For Each Matter In Which the Value in Controversy Exceeds Twenty Dollars.

AMENDMENT VII states:

In suits at common law, where the value in controversy shall exceed

twenty dollars, the right of trial by jury shall be preserved, and no

fact tried by a jury shall be otherwise reexamined in any court of the

United States, than according to the rules of the common law.

Until such time as this amendment (one of the most important of the "Bill of Rights") is amended or repealed, each "controversy" in excess of twenty dollars requires that Plaintiffs’ right to a trial by jury be protected. A requirement by the court that a citizen make "child support payments" requires a trial by jury prior to any payment exceeding twenty dollars. If the jury does not concur with the court’s ruling that these payments be made or continue to be made, then Plaintiffs must be compensated for their past excessive payments. Failure by Defendants to uphold this Constitutional right of Plaintiffs is a violation of federal law.

 

THIRD CAUSE OF ACTION – Defendants, By and Through the Family Law Act, Have Denied Plaintiffs Their Common Law Rights

CALIFORNIA CIVIL CODE SECTION 22-22.2

22. Law is a solemn expression of the will of the supreme power of

the State.

22.1. The will of the supreme power is expressed:

(a) By the Constitution.

(b) By statutes.

22.2. The common law of England, so far as it is not repugnant to

or inconsistent with the Constitution of the United States, or the

Constitution or laws of this State, is the rule of decision in all

the courts of this State.

The common laws of England are represented by the following Maxims:

  1. "Cum legitimae nupiae factae sunt, patrem libri sequuntur." -- Children born under a legitimate marriage follow the condition of the father."
  2. "Partus sequitur bentrem. The offspring follow the condition of the mother. This is the law in the case of slaves and animals; 1 Bouv. Inst. N. 167, 502; but with regard to freemen, children follow the condition of the father.
  3. "Domus sua cuique est tutissimum refugium." -- Every man’s house is his castle. 5 Rep. 92.
  4. "Constructio contra rationem introducta, potius usurpatio quam consuetudo appelari debet." -- A custom introduced against reason ought rather to be called an usurpation than a custom. Co. Litt. 113
  5. "Jura sanguinis nullo jure civili dirimi possunt." -- The right of blood and kindred cannot be destroyed by any civil law." Dig. 50 17, 9; Bacon’s Max. Reg. 11.
  6. "Conjunctio mariti et faeminae est de jure natureae." -- The union of a man and a woman is the law of nature."
  7. "Legibus sumptis disinentibus, lege naturae utendum est." -- When laws imposed by the state fail, we must act by the law of nature. 2 Roll. R. 298.
  8. "Error fucatus nudf veritate in multis est probailior; et sacpenumero rationibus vincit veritatem error." -- Error artfully colored is in may things more probable than naked truth; and frequently error conquers truth and reasoning. 2 Co. 73.

Defendants have enacted a Family Law Act which is both repugnant to and inconsistent with the provisions of California Civil Code 22.2, which has made Plaintiff Children pawns in a power struggle between Defendants and Plaintiff Fathers, and which is a violation of federal law.

 

FOURTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs’ Right to Privacy

Justice Louis Brandeis asserted in 1928 that "The right to be let alone ... [is] the right most valued by civilized men" was intended by the framers of the Constitution, even though not specifically stated in writing. Given the associational interests that surround establishment and dissolution of marital relationship, such adjustments as divorce and separation are naturally included with an umbrella of protection accorded to right of privacy. Plaintiff Fathers pray merely for the "right to be let alone" by a legal establishment which:

  1. Makes improper, immoral, and/or devastating decisions on behalf of Plaintiff Children.
  2. Prevents Plaintiff Fathers’ from properly educating and disciplining Plaintiff Children.
  3. Subverts Plaintiff Fathers’ ability to raise Plaintiff Children in the healthiest, most financially secure, safest, and most secure environment for them.
  4. Interferes with, second guesses, and pre-empts proper, responsible paternal authority.
  5. Has little or no understanding or empathy for the complexities involved in raising someone else’s child.
  6. Designed and imposes a complex labyrinth of laws, procedures, and programs which deny Plaintiffs this "right to privacy", both by denying responsible fatherhood at the same time it imposes irresponsible paternity laws.
  7. Cannot demonstrate how society, children, Plaintiffs, taxpayers, nor students have received any benefit.
  8. Continues to proactively violate federal law.

Roe v. Wade based the constitutional right of a woman to unilaterally kill her progeny without permission from the other contributor to the creation of this progeny on this "right to privacy". The corresponding right to fatherhood by Plaintiffs is embodied in this landmark U.S. Supreme Court decision. Defendants denied Plaintiffs this equivalent right through the Family Law Act even though women gained a super right at the expense of men, society, the taxpayer, and last but not least the unborn children. To triple this injustice, it is Plaintiffs who are held responsible for subsidizing any irresponsible and immoral acts by any woman who unilaterally decides to give birth to illegitimate children conceived outside of marriage. Plaintiffs whose children have been literally and "legally" kidnapped from their families can no longer claim to be responsible fathers, nor are Plaintiffs who are prevented from caring for children born out of wedlock (whom they are still forced to financially subsidize). The Family Law Act effectively prevents them from providing any of the fatherly benefits associated with two-parent households. These children are just as likely to suffer from the rampant social pathology associated with single-mother households. Plaintiffs bear 100% of the financial responsibility in the form of income taxes, welfare, AFDC, HUD, Social Security, Medicare, and "child support payments", but are prohibited from providing the most essential paternal guidance that children need. The child gets the worst of both worlds -- the child is 73 times more likely to be fatally abused in a household where the mother cohabits than in a two-parent family, and even with a massive transfer of wealth from men to women, the child's average standard of living is an average of 73% lower than children in the custody of their fathers.

To provide these two super-rights of privacy to the mother--the right to kill her progeny before it is born, and the right to raise children in a fatherless household--children and fathers both lose 2 rights each. 192,000 children lose the right to be born each year in California as their lives are terminated by abortion prior to birth, and 3.5 million children in California lose their right to be raised in the security and safety of two-parent households. Fathers lose the right to participate in a life and death decision of their progeny, and they lose the right and ability to provide responsible and crucial paternal guidance to those progeny who escape abortion but were literally kidnapped from them by Defendants.

Plaintiffs are not seeking the right to kill their progeny, to kill the mothers who make a decision to kill their progeny, to do further damage to society or to the family structure, nor to provide an unsafe or insecure environment for their progeny. Plaintiff Fathers want merely the "right to be let alone" by a court system which makes inaccurate and devastating decisions for Plaintiff Children, from government interference in their child rearing efforts, to raise their children in the healthiest, most financially secure, safest, and most secure environment for them without government interference, and to be free to make these decisions without being second guessed by third parties who have little or no understanding of, or empathy for, the complexities involved in child rearing.

Potential California mothers who were given this right to privacy exercised it by terminating the lives of more than 3.8 million unborn babies since then. Potential mothers but not Plaintiffs received at the same time another right to privacy, which is the ability to prevent pregnancies with more than 20 contraceptive methods and 35 types of oral contraceptives. Mothers but not Plaintiffs received the right to birth illegitimate children, and to be compensated financially for doing so. Mothers but not fathers of illegitimate children received the right to put these children up for adoption. In the vast majority of illegitimate births, illegitimate children are placed in the custody of mothers and severely denied access to and care by their natural fathers. Mothers are not ordered by Defendants to provide financial compensation to their own children, but Plaintiffs are ordered by Defendants to provide financial compensation to mothers under the misleading term "child support"--while at the same time being denied access to their own natural children.

The corresponding right to privacy due to Plaintiffs to correct this one-sided right to privacy which women received is the right to be financially independent from children which they:

  1. Are not the "father" of by any conventional definition of the word "father".
  2. Had few options to prevent.
  3. Had no options to abort.
  4. Had no choice about their adoption.
  5. Rarely have custody of.
  6. Might not have ever seen.
  7. Are prevented from caring for, and/or
  8. Have no vested or personal interest in.

Failure by Defendants to honor and respect the institution of marriage, the institution in which fatherhood is recognized for the vital role it plays in society, made illegitimate births so financially rewarding to unscrupulous mothers that the illegitimacy rate almost quintupled, increasing from 10.7% of all births prior to enactment of the Family Law Act to 35% today. Recognizing a corresponding right to privacy for Plaintiff Fathers equivalent to that for illegitimate mothers would mitigate or eliminate illegitimate births. The Family Law Act in its entirety involves numerous government employees in private family matters.

Forced parenthood under California state statutory law violates the fundamental Right to Privacy under the Bill of Rights to the United States Constitution

A direct logical corollary of the equal right of the male gender to choose parenthood and to choose his level of involvement in rearing his children is the fundamental right to not be compelled into fatherhood at all. Civil suits to force parenthood onto an unwilling party violate a fundamental right to privacy because they violate one's right to determine when and with whom he will become a parent and have a family. Extensive U.S. Supreme Court case law clearly establishes the rule of law guaranteeing this fundamental right. Therefore, California state paternity actions to compel fatherhood are not constitutional or valid in the courts of this state.

The U.S. Supreme Court has repeatedly and consistently interpreted the U.S. Constitution as barring the violation of a fundamental right. When a state statute violates a fundamental right, judicial strict scrutiny is automatically invoked. Under strict scrutiny analysis, the burden shifts from the individual defendant onto the state. To avoid having a statute declared invalid under strict scrutiny, the state has the sole burden of showing a narrowly drawn, compelling state interest, e.g. in protecting life or health, advanced by the least restrictive means and with no other reasonable alternative. In practice, the state is almost never able to sustain its burden and survive strict scrutiny since the U.S. Supreme Court has not declared a state interest compelling enough to justify the impairment of a fundamental right since 1944 Korematsu v. U.S., 323 U.S. 214, 216-20, 65 S.Ct. 193, 194-95, 89 L.Ed.2d 194 (1944).

Multiple U.S. Supreme Court decisions make it clear that the right to privacy is a fundamental right, that this right exists under the authority of the Bill of Rights to the U.S. Constitution, that this right protects individual choice in matters of personal, family, associational, marital, reproductive and procreative privacy, and that this right applies equally to all individuals and all classes of American citizens, including both genders. In the landmark decision of Roe v. Wade, the U.S. Supreme Court defined the Constitutional authority for the right to privacy in reproductive and family matters:

The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back perhaps as far as Union Pacific R. Co. v. Botsford, 141 U.S. 250, 251 (1891), the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. In varying contexts, the Court or individual Justices have, indeed, found at least the roots of that right in the First Amendment, Stanley v. Georgia, 394 U.S. 557, 564 (1969); in the Fourth and Fifth Amendments, Terry v. Ohio, 392 U.S. 1, 8-9 (1968), Katz v. United States, 389 U.S. 347, 350 (1967), Boyd v. United States, 116 U.S. 616 (1886), see Olmstead v. United States, 277 U.S. 438, 478 (1928)(Brandeis, J., dissenting); in the penumbras of the Bill of Rights, Griswold v. Connecticut, 381 U.S. at 484-485; in the Ninth Amendment,_., at 486[-487] (Goldberg, J., concurring); or in the concept of liberty guaranteed by the first section of the Fourteenth Amendment, see Meyer v. Nebraska, 262 U.S. 390, 399 (1923). These decisions make it clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty," Palko v. Connecticut, 302 U.S. 319, 325 (1937), are included in this guarantee of personal privacy. They also make it clear that the right has some extension to activities relating to marriage Loving v. Virginia, 388 U.S. 1, 12 (1967); procreation Skinner v. Oklahoma, 316 U.S. 535, 541-542 (1942); contraception, Eisenstadt v. Baird, 405 U.S., at 453-454; id., at 460, 463-465 (White, J., concurring in result); family relationships, Prince v. Massachusetts, 321 U.S. 158, 166 (1944); and child rearing and education, Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925), Meyer v. Nebraska, supra.

The Court confirmed and strengthened the right to privacy in Carey v. Population Services International:

Although "[t]he Constitution does not explicitly mention any right of privacy," the Court has recognized that one aspect of the "liberty" protected by the Due Process Clause of the Fourteenth Amendment is "a right of personal privacy, or a guarantee of certain areas or zones of privacy." Roe v. Wade 410 U.S. 113, 152 (1973). This right of personal privacy includes "the interest in independence in making certain kinds of important decisions." Whalen v. Roe, 429 U.S. 589, 599-600 (1977). While the outer limits of this aspect of privacy have not been marked by the Court, it is clear that among the decisions that an individual may make without unjustified government interference are personal decisions "relating to marriage, Loving v. Virginia, 388 U.S. 1, 12 (1967); procreation, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 541-542 (1942); contraception, Eisenstadt v. Baird, 405 U.S. at id., at 460, 463-465 (White, J., concurring in result); family relationships, Prince v. Massachusetts, 321 U.S. 158, 166 (1944); and child rearing and education, Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925); Meyer v. Nebraska, [262 U.S. 390, 399 (1923)]." Roe v. Wade, supra, at 152-153. See also Cleveland Board of Education v. LaFleur, 414 U.S. 632, 639-640 (1974).

 

The decision whether or not to beget or bear a child is at the very heart of this cluster of constitutionally protected choices. That decision holds a particularly important place in the history of the right of privacy, a right first explicitly recognized in an opinion holding unconstitutional a statute prohibiting the use of contraceptives, Griswold v. Connecticut, supra, and most prominently vindicated in recent years in the contexts of contraception, Griswold v. Connecticut, supra; Eisenstadt v. Baird, supra; and abortion, Roe v. Wade, supra; Doe v. Bolton, 410 U.S. 179 (1973); Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976). This is understandable, for in a field that by definition concerns the most intimate of human activities and relationships, decisions whether to accomplish or to prevent conception are among the most private and sensitive. "If the right of privacy means anything, it is the right of the individual, married or single, to be free of unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." Eisenstadt v. Baird, supra, at 453. (Emphasis omitted.)

The Supreme Court reaffirmed and further defined the concept of reproductive privacy in Planned Parenthood v. Casey:

It is settled now, as it was when the Court heard arguments in Roe v. Wade, that the Constitution places limits on a State's right to interfere with a person's most basic decisions about family and parenthood, see Carey v. Population Services International, supra; Moore v. East Cleveland, 431 U.S. 494, 97 S.Ct. 1932, 52 L.Ed.2d 531 (1977); Eisenstadt v. Baird, supra; Loving v. Virginia, supra; Griswold v. Connecticut, supra; Skinner v. Oklahoma ex rel. Williamson, 316 US. 535, 62 S.Ct. 1110, 86 L.Ed. 1655 (1942); Pierce v. Society of Sisters, supra; Meyer v. Nebraska, supra . . .

Our law affords constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing and education. Carey v. Population Services International, 431 U.S., at 685, 97 S.Ct., at 2016. Our cases recognize "the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." Eisenstadt v. Baird, supra, 405 U.S., at 453, 92 S.Ct., at 1038 (emphasis in original). Our precedents "have respected the private realm of family life which the state cannot enter." Prince v. Massachusetts, 321 U.S. 158, 166, 64 S.Ct. 438, 442, 88 L.Ed. 645 (1944). These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one's own concept of existence of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State ....

We have no doubt as to the correctness of [Griswold, Eisenstadt, and Carey]. They support the reasoning in Roe relating to the woman's liberty because they involve personal decisions concerning not only the meaning of procreation but also human responsibility and respect for it ....

It was this dimension of personal liberty that Roe sought to protect, and its holding invoked the reasoning and the tradition of the precedents we have discussed, granting protection to substantive liberties of the person ....

[T]he reservations any of us may have in reaffirming the central holding of Roe are outweighed by the explication of individual liberty we have given combined with the force of stare decisis ....

The Roe court itself placed its holding in the succession of cases most prominently exemplified by Griswold v. Connecticut .... [S]ubsequent constitutional developments have neither disturbed, nor do they threaten to diminish, the scope of recognized protection accorded to the liberty relating to intimate relationships, the family, and decisions about whether or not to beget or bear a child. See, e.g., Carey v. Population Services International, 431 U.S. 678, 97 S.Ct. 2010, 52 L.Ed.2d 675 (1977); Moore v. East Cleveland, 431 U.S. 494, 97 S.Ct. 1932, 52 L.Ed.2d 531 (1977).

Recent case law in New York and Tennessee has specifically recognized the right of males to not be compelled into parenthood. The New York State Supreme Court, in rejecting a woman’s attempt to in effect compel involuntary parenthood onto a former spouse through use of frozen embryos, opined that it is "particularly important that courts seek to honor the parties’ expressions of choice" and "maximize procreative liberty by reserving to the progenitors the authority to make what is in the first instance a quintessentially personal, private decision … to the extent possible, it should be the progenitors not the State and not the courts who … make this deeply personal life choice" to be or not to be a parent Kass v. Kass 98 N.Y.Int. 0049 (May 7, 1998)(7-0 opinion). Similarly, the Tennessee State Supreme Court has ruled specifically that male gamete donors, like females, as a matter of both constitutional law and public policy, have a fundamental right to not be a parent Davis v. Davis, 842 S.W.2d 588, 600-601 (Tenn.SupremeCt., 1992)(frozen embryo case).

Similarly, the courts and legislature of Georgia have also ruled that one cannot be compelled into involuntary fatherhood. Under Georgia statute 19-7-22, only a biological male donor alone has the right of voluntary unilateral action to legitimate an illegitimate child. Furthermore, this right is absolute and this statute provides the exclusive procedure by which a child may be legitimized.

The right to reproductive privacy can therefore actually be best characterized as a right not to reproduce or be a parent. The above-cited cases that have established the right of reproductive privacy have almost all defined this right in terms of the avoidance of reproduction and parenthood, as in contraception (Griswold and Eisenstadt), and pregnancy termination (Roe, Carey, and Casey), destruction of embryos (Davis); see generally, Robertson J, Children of Choice: Freedom and the New Reproductive Technologies Princeton U. Press (1994); Robertson J, Procreative Liberty and Human Genetics. 39 Emory Law J. 697 (1990). Only three U.S. Supreme Court cases, Buck v. Bell; Skinner v. Oklahoma, and Cleveland v. LaFleur refer to an affirmative right to reproduce, and only two, LaFleur and Skinner, upheld this right, and even then only for narrow classes. Furthermore, the cases that most clearly define the fundamental right to reproductive privacy, i.e. Roe, Carey, and Casey, as well as Kass and Davis, express this right as a right to terminate a life that is already growing into a human being. Such destruction of life or potential life has evoked strong ethical, religious and moral concerns in both the courts and in general opinion. In contrast, all that is contended here is the right not to be compelled into a legal relationship on paper.

The fundamental right of a male to be free from an involuntary association with another, including a parental relationship, is another aspect of the fundamental right to privacy that is grounded in multiple U.S. Supreme Court decisions. A fundamental right of associational privacy in family matters can first be identified in Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625 (1923). Meyer expounded, at a relatively early date, a broad view of this fundamental right:

Without doubt, [family privacy] denotes not merely freedom from bodily restraint but also the right of the individual to contract, to marry, establish a home and bring up children . . . and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.

The landmark decision of Griswold v. Connecticut, supra, originated the corollary rule of a fundamental associational right not to procreate or become a parent Id. 381 U.S. at 482-86, 85 S.Ct. 168-82. In Roberts v. United States Jaycees, 468 U.S. 609, 104 S.Ct. 3244, 82 L.Ed.2d 462 (1984) the Supreme Court further ruled that "choices to enter into and maintain certain intimate human relationships" are part of the freedom of association that is "a fundamental element of personal liberty" id. 468 U.S. at 617-18, 104 S.Ct. at 3249 such that the " [f]reedom of association therefore plainly presupposes a freedom not to associate" Id. 468 U.S. at 623, 104 S.Ct. at 3252, i.e. a right to "refus[e] to associate" Abood v. Detroit Board of Education, 431 U.S. 209 at 234, 97 S.Ct. 1782 at 1799, 52 L.Ed.2d 261 (1977). The Court in Roberts described and defined at length the fundamental freedom of association in family matters:

The Court has long recognized that, because the Bill of Rights is designed to secure individual liberty, it must afford the formation and preservation of certain kinds of highly personal relationships a substantial measure of sanctuary from unjustified interference by the State. E.g. [Pierce v. Society of Sisters,; Meyer v. Nebraska]. Without precisely identifying every consideration that may underlie this type of constitutional protection, we have noted that certain kinds of personal bonds have played a critical role in the culture and traditions of the Nation by cultivating and transmitting shared ideals and beliefs . . . e.g. Zablocki v. Redhail . . . Wisconsin v. Yoder . . . Griswold v. Connecticut. . . Pierce v. Society of Sisters . . . [T]he constitutional shelter afforded such relationships reflects the realization that individuals draw much of their emotional enrichment from close ties with others. Protecting these relationships from unwarranted state interference therefore safeguards the ability independently to define one's identity that is central to any concept of liberty e.g., . . . Carey v. Population Services International . . . Cleveland Board of Education v. LaFleur . . . Stanley v. Illinois . . . Olmstead v. United States . . .

The personal affiliations that exemplify these considerations, and that therefore suggest some relevant limitations on the relationships that might be entitled to this sort of constitutional protection, are those that attend the creation and sustenance of a family marriage e.g. Zablocki v. Redhail, supra; childbirth e.g. Carey v. Population Services International, supra; the raising and education of children . . . and cohabitation with one's relatives . . . Family relationships, by their nature, involve deep attachments and commitments to the necessarily few other individuals with whom one shares not only a special community of thoughts, experiences, and beliefs but also distinctively personal aspects of one's life. Among other things, therefore, they are distinguished by such attributes as relative smallness, a high degree of selectivity in decisions to begin and maintain the affiliation, and seclusion from others in critical aspects of the relationship.... [O]nly relationships with these sorts of qualities are likely to reflect the considerations that have led to an understanding of freedom of association as an intrinsic element of personal liberty.

That the Griswold and Roberts rule of associational and family privacy is also possessed by males is clearly expressed in Zablocki v. Redhail, 434 U.S. 374, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978). Zablocki held that a male's decisions relating to "procreation, childbirth, child-rearing, and family relationships" are "part of the fundamental right of privacy". Furthermore,

it would make little sense to recognize a right of privacy with respect to other matters of family life and not with respect to the decision to enter the relationship that is the foundation of the family in our society. The woman whom appellee desired to marry had a fundamental right to seek an abortion . .. Or to bring the child into life to suffer the myriad social, if not economic disabilities that the status of illegitimacy brings . . . Surely, a decision to . . . raise the child in a traditional family setting must receive equivalent protection. And, if [the male's] right to procreate means anything at all, it must imply some right to enter the . . . relationship . . ."

Zablocki thus explicitly recognizes three pivotal and complementary aspects of familial and parental privacy: The right of a woman to be a parent in a familial association, the right of a woman not to be a parent in a familial association, and the right of a male to be a parent in a familial association. The obvious remaining logical corollary of this holding is the right of a man not to be a parent in association with a female and her out-of-wedlock child. Indeed, if females have the right to either be or not to be a parent, either wed or unwed, the conclusion is hardly avoidable that males have the same right.

A prime source of conflict in paternity causes of action is that the difference between gene donorship and fatherhood is usually confused or ignored. A paternity petition, for example, typically alleges that a specific male is a gene donor to an out-of-wedlock pregnancy, with the presumption that this is equivalent to being a father. Yet the U.S. Supreme Court has clearly distinguished between gene donorship and fatherhood in five widely separated cases in emphasizing that fatherhood is based on a voluntary association between a man and child rather than a mere biological link:

When an unwed father demonstrates a full commitment to the responsibilities of parenthood by "com[ing] forward to participate in the rearing of his child," Caban [v. Mohammed, 441 U.S. 380, 392, 99 S.Ct. 1760, 1768, 60 L.Ed.2d 297 (1979)], his interest in personal contact with his child acquires substantial protection under the Due Process Clause. At that point it may be said that he "act[s] as a father toward his children." Id. at 389, n.7, 99 S.Ct., at 1766, n.7. but the mere existence of a biological link does not merit equivalent constitutional protection.

Lehr v. Robertson, 463 U.S. 248, 261, 103 S.Ct. 2985, 2993, 77 L.Ed.2d 614 (1983); also cited in Rivera v. Minnich, 483 U.S. 574, 580,107 S.Ct. 3001, 3004-05, 97 L.Ed.2d 473 (1987). In "'identify[ingl the clear distinction between a mere biological relationship and an actual relationship of parental responsibility . . . Parental rights do not spring full-blown from the biological connection between parent and child. They require relationships more enduring."' Lehr, supra, 463 U.S. 259-260, 103 S.Ct. 2992 (quoting Caban, supra, 441 U.S., at 397, 99 S.Ct., at 1770). Furthermore, "the importance of the familial relationship, to the individuals involved and to society, stems from the emotional attachments that derive from the intimacy of daily association, and from the role it plays in 'promot[ing] a way of life' through the instruction of children . . . as well as from the fact of blood relationship."

The concept of father is thus a legal and a cultural concept, whereas the concept of gene donor is a biological concept. While these two concepts often overlap within the same male, there are literally millions of exceptions within our society in the form of stepfathers and adoptive fathers. Therefore, being a father requires a voluntary, long-term association between a man and a child that he willingly accepts as his own, for whom he shows a tangible, substantial interest, and to whom he has demonstrated a commitment by coming forward to participate in rearing the child by promoting a way of life through nurture, training, loving protection and instruction Rivera v. Minnich, supra; Lehr v. Robertson, supra; Caban v. Mohammed, supra; Smith v. Organization of Foster Families, supra; Wisconsin v. Yoder, supra; and cits. therein in all of these. An unwitting and unwilling gamete-donor provides none of these functions, and indeed the sole function of such a situated person is typically completed within a few minutes as part of an act of mutual sensual gratification. Even the ancient Jewish rabbinical sages approximately 2,000 years ago noted the difference between the two roles of gamete-donor versus father "He who brings up the child is to be called its father, not he who gave him birth."

The Supreme Court of California has very recently indicated, in a case involving an unwed male gene donor, that the social constraints of marriage and not biology determine fatherhood Dawn D. v. Sup. Ct. 4/6/98 S C. Similarly, the statutes of California also explicitly recognize the difference between fatherhood and gamete donorship in, for example, in adoption laws that allow a male to assume fatherhood of a child that he is not genetically related to and in laws that male gamete donors may be enjoined from fatherhood in cases of unfitness. Similar state laws also apply to females, for example when a female adopts a child or is declared an unfit mother Lassiter v. Dept. of Soc. Services of Durham Co., N.C., 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981).

A basic point that underscores this misunderstanding of the nature of so-called paternity suits is that such suits really have nothing to do with fatherhood. Because the essence of fatherhood is accepting and loving a youngster, no authority, no matter how powerful, can force a man to be a father. Therefore, paternity orders, except for monetary payments, are simply unenforceable. On the other hand, if a man wishes to be a father and desires visitation or custody, no state statutes have any provisions for such assistance and the state will not assist such a man regardless. When this basic fact is realized, "paternity" suits are revealed as a bad faith sham since these suits have nothing to do with a father's love for his children, but are only a monetary tort action by the state on behalf of females against males.

Involuntary fatherhood under California state law almost inevitably works an invidious invasion of privacy against male paternity defendants and their families. This invasion is frequently harsh and overwhelming, and lasts for almost two decades. Analyzed in the light of the above U.S. Supreme Court holdings, state practices under color and authority of California state law paternity statutes clearly rise to the level of constitutional violations. California paternity actions are typically framed and styled by the state as civil actions between two private parties. Therefore, these male defendants are not assigned legal counsel to defend themselves as they would be in criminal matters, in spite of the fact that state attorneys are always assigned to prosecute them on behalf of female complainants. As the state well knows, the large majority of paternity defendants are poor and uneducated and thus do not have the capacity to defend themselves against a massive state apparatus. Yet, after paternity is found, these men are subjected to the equivalent of criminal sanctions for non-payment, including imprisonment and probation.

The paternity statutes are enforced by their own special police force in the form of Child Support Enforcement Offices. These agencies, which are present at both the state and county level in every state in the nation, are staffed with tax-supported state attorneys and deputized officials who specialize in money from male defendants. The cost of running this system nationwide amounts to $1.9 billion a year (Dept. of Health and Human Services, 17th Annual Report to Congress on Child Support Enforcement). In no other area of American civil law except for the IRS is there such a massive government effort and presence.

Under California state law, a central state information agency organizes, coordinates and disseminates information on paternity defendants. This agency is also required to route paternity and support petitions and to make available all of its information concerning the whereabouts of all paternity defendants and their property to all other agencies and all public officials in all states who request such information. This section requires the agency to use all available means to gather this information and find males, including official state records, telephone directories, vital statistics records, police records, information from present or former employers, records of motor vehicle license offices, state and federal tax offices, the Social Security Administration, and all other state departments, boards, bureaus, or other agencies. Some of the information that is typically communicated about paternity defendants are a man's photograph, distinguishing marks on his body, his fingerprints, his social security number, and his employers' names. If a male or his property cannot be located, then the district attorney general must forward its information and court documents to any other jurisdiction where a male or his property may be located, whereupon that court and its D.A. automatically have the same power, without further process, over the defendant and his property.

The California Dept. of Social Services’ central information agency and all states' support enforcement offices in turn have access to the Federal Parent Locator Service. This federal agency's powerful computer system can find "lost" males and track them across state lines by their social security and driver's license numbers through special "Parent Locator" software programs. In 1993, for example, over 4,484,000 such people were located in the U.S., which is more than double the 2,062,000 people found just 3 years earlier in 1990 (U.S. Bureau of the Census, Statistical Abstract of the United States: 1995, 115th ea., Washington, D.C., p. 392, Table No. 618).

After being tracked down through this network and found to be a "father", each male paternity defendant is assigned to a "Support Enforcement Officer" who is typically deputized. These officers have the authority, under the threat of arrest and prosecution for lack of cooperation and contempt of court, to summon the male at will and to request that he produce all documents related to his finances, including payroll stubs, checks, income tax forms, family financial records, and household income and expenses. Furthermore, in practice under color of law, these officers often compel paternity defendants to reveal their wives' and other household members' personal financial data including salaries, expenses, savings and assets even though these other people have nothing to do with the matter. Wives' incomes are often added to male defendants' incomes to arrive at expected support payments such that wives are in effect compelled to support another female's children, even when it deprives the couple's own children of support. California state law further allows the state to garnish a man's paychecks through income withholding at his place of employment, require a cash deposit or performance bond, require him to report personally to the clerk of court periodically to subject his property to lien, seizure or sale or to have him extradited.

If a male cannot provide the money to meet the state's demand, or if his spouse or other family members cannot provide this money, then he is subjected to arrest and imprisonment and held until his family does, in effect, ransom him. In the alternative, Support Enforcement Officers will often threaten a man with prison if he does not get some menial job, regardless of how inappropriate. This state action under law is in spite of the fact that debtor's prison for private civil debts has not been lawful in this country for over 150 years. Cf. Williams v. Illinois, 399 U.S. 235; 90 S.Ct. 2018 (1970). Such civil liberty deprivations under state law invite a comparison with involuntary servitude as outlawed by the 13th Amendment, especially since the last time that forced breeding and forced labor was allowed in this country was during the slavery era.

Through these statutory provisions and state actions under color of law, a massive nationwide network has thus been welded together with the sole purpose of targeting and pursuing males. The crude nature of this gender-based discrimination is exemplified by that fact that support agencies often stigmatize putative fathers by styling them as "deadbeat dads" or "bad dads" in the news media or featuring them on "Wanted" posters as if under criminal indictment or in a fugitive status. This pursuit of an entire class of Americans across state lines by multiple jurisdictions simultaneously with complex computer tracking devices evokes the tradition of the federal fugitive slave laws. The net result of this massive state apparatus is an overwhelming, Orwellian, 4th Amendment abuse of alleged male gamete donors' and their spouses' and their families' fundamental rights to privacy, to be let alone.

Furthermore, aside from the abuse of process from state agents, the difficulties flowing from state prosecutions of males are also often manifested as abuse directly from a female. The Roe decision, in discussing forced parenthood through state statutory deprivation, noted that:

Maternity or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved ....

Roe v. Wade, 410 U.S. at 153; 93 S.Ct. at 727 (emphasis added). Similarly, in Casey, the Court said of women who seek to exercise their right not to reproduce:

Many may fear devastating forms of psychological abuse from their husbands, including verbal harassment, threats of future violence, the destruction of possessions, physical confinement to the home, the withdrawal of financial support, or the disclosure of the [reproductive decision] to family and friends. These methods of psychological abuse may act as even more of a deterrent to [reproductive choice] than the possibility of physical violence....

 

Planned Parenthood v. Casey, 112 S.Ct. at 2829. Obviously, these cautions in Roe and Casey as to distress and deprivation of privacy rights based on fears and threats of physical assault, psychological abuse, verbal harassment, legal and financial difficulties, and adverse publicity can apply equally to males as well as females, especially under current state practice see also Davis id., 842 S.W.2d at 603-04.

The fundamental right to reproductive, familial, parental and associational privacy prohibits the Family Law Act from impinging on one's choice of when and with whom to associate in parenthood, as well as how to raise one's biological child. If, however, a state does seek by statute to limit this right, it has the sole burden of justifying the statute only for compelling, narrowly drawn state interests advanced by the least restrictive means and only where there are no reasonable alternatives. While both forced and restricted fatherhood do not, by any reasonable stretch, express a compelling, narrowly drawn state interest, it does violate males' fundamental rights to familial, associational, marital, personal and procreational privacy to decide when and with whom and how to be a parent. Those parts of the Family Law Act that compel fatherhood via paternity suits are unconstitutional and invalid under the Bill of Rights to the United States Constitution, and should properly be so declared by this Court under the authority of the 14th Amendment to the U.S. Constitution.

FIFTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" as Afforded By the First Amendment to the Constitution By Failure to Prosecute Adultery.

The first amendment to the united states Constitution (1789) states:

Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof; or abridging the freedom of

speech, or of the press; or the right of the people peaceably to

assemble, and to petition the Government for a redress of grievances.

We the people considered the "free exercise" of religion so important, and we still retain those absolute and perfect rights, that we made a specific written point of it by creation of The Restrictive and Declaratory Clauses (also commonly recognized as Bill of Rights). At no time have Plaintiffs indicated that they no longer consider this to be one of the most important rights of united states citizens, contrary to numerous assertions by Defendants and accomplices like Judge Lay that this right is a "residue", "unenforced", "archaic", or "legislative inertia":

"... crimes like adultery or fornication that remain on the statute

books, archaic and unenforced, as a residue of legislative

inertia. It is not merely some quirk of Hoosier morality

or religious conservatism." Pena v. Mattox, 1996.

Defendants should not so easily dismiss the Bill of Rights merely because it is either Judge Lay's or Defendants’ opinions that this is a "residue" of "religious conservatism". It is the law, it has been the law for a century and a half, until the constitution is amended and religious rights are removed through the proper process it remains the law, and Defendants have sworn an oath to uphold this law in its extant form and intent. The written word, the Restrictive and Declaratory Clauses, the united states Constitution, the Declaration of Independence, the Magna Charta, and the Bible are and shall continue to be effective and important mandates from God directly to Defendants. Out of respect and concern for their posterity, no judge in the land can so flippantly dismiss them as "archaic". Plaintiffs teach their children that this word from God, expressed in important historical written documents like The Holy Bible, cannot be discarded by any heathen in the land who gets a law degree and attempts to illegally and unconstitutionally change the law by characterizing it as "residue". Defendants who fail to live up to the task of upholding this law, particularly when those tasked precisely with upholding the law think it should be "unenforced", are not earning their salary nor retirement funds.

Neither media, newspapers, TV, nor heathen judges determine, describe, nor even understand Plaintiffs’ moral, spiritual, and ethical values. The Constitutional protection of "free exercise [of religion]", to the 85% of Californians who are Christians or Jews, requires as a minimum that their ability to live by and to be treated according to the basic principles of The Ten Commandments laid down by God be honored, respected, and revered:

1.You shall have no other gods before me.

2.You shall not make for yourself an idol in the form of anything in heaven above or on the earth beneath or in the waters below. You shall not bow down to them or worship them; for I, the LORD your God, am a jealous God, punishing the children for the sin of the fathers to the third and fourth generation of those who hate me, but showing love to a thousand [generations] of those who love me and keep my commandments.

3.You shall not misuse the name of the LORD your God, for the LORD will not hold anyone guiltless who misuses his name.

4.Six days you shall labor and do all your work, but the seventh day is a Sabbath to the LORD your God. On it you shall not do any work, neither you, nor your son or daughter, nor your manservant or maidservant, nor your animals, nor the alien within your gates. For in six days the LORD made the heavens and the earth, the sea, and all that is in them, but he rested on the seventh day. Therefore the LORD blessed the Sabbath day and made it holy.

5.Honor your father and your mother, so that you may live long in the land the LORD your God is giving you.

6.You shall not murder.

7.You shall not commit adultery.

8.You shall not steal.

9.You shall not give false testimony against your neighbor.

10.You shall not covet your neighbor's house. You shall not covet your neighbor's wife, or his manservant or maidservant, his ox or donkey, or anything that belongs to your neighbor.

Whether or not the intent of the Family Law Act was to deny 85% of Californians their first amendment right to "free exercise [of religion]", the effect, combined with the chronic and historic failure of Defendants to obey and enforce existing laws, was to deny them both the right and the ability to observe and obey seven of these Ten Commandments. They have placed the ideology of feminism ahead of the principles of the Bible, and thus placed it before God. Defendants have enabled money to become a graven image to God by allowing "In God We Trust" to be written on it. Defendants disrespect God by ruling that free speech is the right to use profanity in public but not the right to speak the basic word of God through prayer in school. Defendants ignore the Fourth Commandment by enabling Sunday to be the biggest shopping day of the week, rather than a day of rest. Defendants’ enactment and enforcement of the Family Law Act, as shall be described, has the effect of proscribing the ability of children to honor or obey their fathers or mothers. The law against adultery, which is a valid law and has been repealed by neither the Legislature nor by we the people, has rarely been enforced by Defendants for almost half a century. Bearing false witness against a neighbor, and now even a spouse or parent or child, is aggressively encouraged by both the language of the Family Law Act and Defendants' failure to prosecute and/or punish those who openly commit perjury in our courts of law while under oath. Major metropolitan police departments report that they cannot arrest those who commit perjury because Defendants advice to these police departments is that will not prosecute perjury.

Murderers and thieves are prosecuted and punished. Those who act on their desire to possess their neighbor's house, manservant or maidservant, ox or donkey, or anything else that belongs to their neighbor, except his wife, are punished. But Defendants' failure to prosecute adulteresses has the force and effect of encouraging citizens to covet their neighbor's and others' wives. The major focus of 90% of this Act is to outline a plan to break up families and to redistribute their assets into the pockets of Defendants. The Act is a blueprint for family destruction, social instability, educational disarray, economic disaster, illegitimacy, and the worst form of child abuse, with the clear intent (and obvious result) of being a financial bonanza solely to Defendants. Only Defendants have profited and continue to profit from this Act, and they did so and do so at the expense of Plaintiff Fathers and Plaintiff Children.

Defendants are aware that the children of fatherless households, compared to the children of two-parent households, are more likely to go to prison by 8 times, to commit suicide by 5 times, to have behavioral problems by 20 times, to become rapists by 20 times, to run away by 32 times, to abuse chemical substances by 10 times, to drop out of high school by 9 times, to be seriously abused by 33 times, to be fatally abused by 73 times, and to have a 72% lower standard of living, because it is Defendants themselves who are tasked with collecting this data. It is Defendants themselves who are responsible for managing the damages they themselves cause by this Act, and again it is Defendants themselves who profit from this management of the ponderous legal establishment required to deal with the resulting increase in crime. It is Defendants who have devised and actively support a system, which places 92% of the children of divorce and illegitimacy in precisely the environment in which they are at the greatest risk. In total, considering the 3.5 million children of California who are tonight going to sleep in a fatherless household, this is the worst form of child abuse imaginable. Defendants have been advised of the solution to this crisis, but solely out of their greedy desire for financial gain, have stubbornly and chronically, in violation of their oaths of office, refused to even examine the problem, much less to act to correct it.

Defendants may consider it a sign of the times that, if a California husband finds his own wife in bed with a stranger and calls the police, the police cannot and will not react unless and until the husband himself takes positive physical (but currently illegal) action in response to this adultery. If the same husband catches the same man having sex with his cat, 286.5 of the Penal Code empowers him to call the police and charge his cat rapist with a misdemeanor. It is not a sign of the times as much as it is an accurate analogy to the state of mind of Defendants. It is an insult to and a violation of the First Amendment right to "free exercise [of religion]" that cats' sex lives now have more legal protection and standing than marriages in California’s courts.

The Act of 1872 noted:

Adultery is regarded as an offense against public morals, not merely as a breach of obligation in marriage.

Defendants failed to specifically reiterate the law against adultery in The Family Law Act, failed to provide a Penal Code section for it, referred to adultery as a crime only by allusion to the Act of 1872 (which exists in few law libraries), and by this Defendants are directly responsible for the resulting social chaos.

It is of greater importance to enforce adultery law than it is to enforce murder law. It is the seventh Commandment "You shall not commit adultery", right after the Commandment "You shall not murder". It is much more than a "moral" issue. Failure to enforce adultery law is the guiding light behind radical feminism. It is a basic reason that adulteresses can now express their "new found freedom" on national TV by bragging that "70% of wives commit adultery within 5 years of marriage" (Shere Hite on the Phil Donahue Show). Adultery is the reason that up to 20% of the children of two-parent families are not the biological offspring of the husband (Barbara Rothman, "Recreating Motherhood", "20% of DNA testing done for tissue typing during organ transplants showed that the man who thought he was the father was not genetically linked"). The tripling of the murder rate since the time that Defendants failed to enforce this law is due primarily to the moral and legal turpitude of Defendants. Enforcement of adultery law would do more to reduce murder (and other crime) than direct enforcement of the murders laws themselves have.

There are 230,000 marriages each year in California. If 70% of the wives commit adultery within 5 years of marriage, then there are 161,000 acts of adultery each year. There are 585,000 live births in California each year, and if 20% of them are not the biological offspring of the husband (or the man who thought he was the father), then the results of these 161,000 acts of adultery each year are roughly 117,000 children who are not the biological offspring of the husband of the marriage. There are 3,776 murders in California each year, which is three times as many as there would have been if the murder rate had not tripled in the last 4 decades. These additional 2,517 murders each year could easily be the result of the strife and emotional trauma caused by 161,000 acts of adultery and the discovery that 117,000 children born each year are not genetically linked to their fathers but are the products of these acts of adultery. These additional murders are 1.6% of the total suspected number of adulteries, and a father who spends or is charged with spending a lifetime to raise children who were biological children of the man who committed adultery with his wife could by itself explain the tripling of the murder rate. Either California's fathers are too lenient about adultery and the biological status of their own children, or the above feminists are exaggerating the magnitude of the problem. The trauma caused by adultery also leads to other social strife which further impacts crime rates.

Adultery is still a crime in California, even though Defendants have not enforced the law for almost a half a century. It has not been repealed by we the people nor by the State Legislature, yet West's contains 480 pages of divorce annotations, and only one page of adultery citations. Since the last adultery prosecution in California, the murder rate tripled, the illegitimacy rate quintupled, the incarceration rate quadrupled, SAT scores dropped 98 points, fatherlessness quadrupled, the marriage rate dropped in half, suggesting that this failure to prosecute adultery has profound adverse consequences on society.

Defendants theory that adultery law is "archaic" is as much in error as the theory that legalizing abortions would eliminate the need for illegal "coathanger" abortions. This theory holds that legalizing abortions which might have been performed in spite of a law against abortions would reduce the number of unwanted children who would be born. This is not a bad social goal, but the theory is in gross error, because exactly the opposite occurred. There is nothing which discredits such theories more resoundly than the fact that legalized abortions were followed by a quintupling of the illegitimacy rate (the rate of unwanted children born) in the face of 304,000 abortions per year PLUS widespread use by women of the birth control pill. While Defendants claim they hold women's interests at heart, untold hundreds of thousands of women have needlessly suffered from cancer caused by the pill, and from the unreported infections, death, and infertility caused by botched abortions. The magnitude of this problem is beginning to surface in spite of attempts in the name of political expediency to suppress the information.

Defendants gained massive political power and financial wealth only by destroying the most important benefit to a man of marriage -- the sexual fidelity of his wife. There is nothing more important to any Plaintiff than his heritage and posterity, and the specific purpose of marriage is to be the "contract" which protects this asset. Defendants robbed Plaintiffs of their heritage and posterity by using sex as a weapon against men. In the process Defendants destroyed the status of the family, undermined the safety and security of our children, weakened the most important bargaining chip of responsible women, and ultimately did serious damage to society and the economy.

SIXTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" Protected By The First Amendment to the Constitution By Failure to Prosecute Perjury.

The ninth of the Ten Commandments is:

9.You shall not give false testimony against your neighbor.

"Perjury" is the word used by Defendants to describe "give false testimony", which is viewed by the Ten Commandments as a crime as serious as both murder and adultery. The Bible calls for those who falsely accuse someone to be punished as seriously as the punishment would have been for those they falsely accuse had they been convicted.

The Family Law Act obscures the importance of prosecuting those who commit perjury by providing only a quarter of a page on this subject, which is less than 0.002% of the total volume of the Act. This failure to even specify in more detail the consequences of perjury, much less to punish those who falsely accuse a father, is a virtual invitation to bring forward false charges against him. This failure to both stress the importance of perjury laws and to prosecute perjury caused an Assistant Chief of Police in California to state she "hasn't even heard of a perjury conviction for 33 years". Of the 8 prosecutions for perjury in federal civil courts since 1993, not a single one was prosecuted in California.

The Family Law Act allows for a "monetary sanction" if a conviction for a false charge is obtained by Plaintiffs. It is Plaintiff Fathers who usually must pay the attorneys to obtain such a conviction, who often must pay for the ex-wives' attorneys as well, the odds of obtaining such a conviction in California's courts are remote to zero, and even on conviction the "monetary sanction" imposed upon the person leveling false charges will most likely come out of Plaintiffs’ very own pockets.

Failure to prosecute those who bring forth false charges is a violation of federal law.

SEVENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs "free exercise [of religion]" Protected By the First Amendment to the Constitution By Interference in the Father/child Relationship Established By God.

AMENDMENT I

Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof; or abridging the freedom of

speech, or of the press; or the right of the people peaceably to

assemble, and to petition the Government for a redress of grievances.

The fifth of the Ten Commandments is:

"Honor thy father and thy mother: that thy days may be long upon the land which the Lord thy God giveth thee".

In 1969, Defendants repealed California Civil Code 5101, which was consistent with the "free exercise" of religion protected by the First Amendment, as well as the fifth of the Ten Commandments:

The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife must conform thereto.

Defendants replaced this time-tested, proven, Constitutional and Biblical principle with California Civil Law 48.7:

Civil action for libel or slander arising from child abuse prosecution: No person charged by indictment information, or other accusatory pleading of child abuse may bring a civil libel or slander action against the minor, the parent or guardian of the minor, parent or guardian, or witness which are reasonably believed to be in furtherance of the prosecution of the criminal charges while the charges are pending before a trial court.

Defendants are fully aware that this single action of removing paternal authority from the family would severely undermine family unity and remove this First Amendment right from Plaintiffs. Defendants very effectively and completely prohibited the "free exercise" of Plaintiff Children’s rights and abilities to "honor thy" parents, and prohibited parents from educating and disciplining their children to "honor" them, denying Plaintiffs their "free exercise" of a most important provision of most religions. Specifically, Defendants deny the 85% of Californians who are Christians, the 2% who are Jewish, and the 1% who are Muslim their "free exercise [of religion]" by prohibiting their ability to obey the Fifth of the Ten Commandments--one of the most important of the Ten Commandments--which is a violation of federal law.

"Honor thy father and thy mother: that thy days may be long upon the land which the Lord thy God giveth thee" is the fifth of the Ten Commandments. It is 9% of the minimum number of basic principles necessary for the "free exercise" of Christianity in California. A law or Act which discourages or prohibits the "free exercise" of children to "honor thy" parents, or which prohibits parents from educating and disciplining their children to "honor" them, effectively prohibits and discredits the "free exercise" of most religions, and particularly of Christians to practice Christianity.

Defendants accomplished just that by this Act with the rationalization:

"The Family Law Act of 1970 did not disturb the 1872 position of the law regarding the husband's predominant marital rights".

It is no more probable that Christianity can be exercised (learned, taught, or practiced) if this fifth Commandment is prohibited than it is that a Boeing 757 can fly with one wing missing. Both are integral parts of their respective systems, and both need these integral parts to be able to perform their minimum respective functions. The intended functions of both are impossible with these components missing or prohibited.

Nothing, other than disturbing "the 1872 position of the law regarding the husband's predominant marital rights", could have been accomplished by an act which places the authority of a child ahead of the authority of the father and opens up every single parental obligation and act to scrutiny by the entire State of California. It makes a mockery of fatherhood itself by suggesting to children, as well as to many uncaring and even incompetent public servants, that fathers are little more than fair game for litigation. It removes any trace of the concept of "honor thy father … ". It is a subtle invitation for the most absurd, mean, baseless, dishonest, and self serving accusation. It invites all constitutional protection of the father to be removed by a single false accusation from any number of unscrupulous individuals, and it prohibits punishment of those who bring forth those false accusations. It raises the status of a disgruntled child or ex-wife to that higher than the status of the Constitution, while reducing the status of the father to that of a criminal. It creates a nightmare for parenting, and discourages men from getting married, by leaving the responsibility for parenting and disciplining children with the father while removing all authority for doing so and placing it in everyone else's hands. It prohibits children from honoring their parents, and it prohibits parents from educating and disciplining their children, as prescribed by the Bible:

  1. Honor thy father ..., Fifth Commandment.
  2. Discipline your children while they are young enough to learn. If you don't you are helping them destroy themselves, Proverbs 19:18
  3. Children will naturally do silly, careless things, but a good spanking will teach them how to behave, Proverbs 21:15.
  4. Don't hesitate to discipline children, a good spanking won't kill them. As a matter of fact, it may save their lives, Proverbs 23:13
  5. Correction and discipline are good for children, Proverbs 29:15

Plaintiffs do not and cannot consider it to "be in the best interests of the children" to fail so completely to discipline them that they are 8 times more likely to go to prison than children who are disciplined. Children of fatherless households, who are not provided with such paternal discipline and guidance, are 8 times more likely to go to prison than children of father-present households for precisely this reason. It is well documented that this places a severe handicap on Plaintiff Children.

Child abuse is real and traumatic to children. The loss of a father, however, is far more traumatic and devastating than the abuse which this Act pretends to resolve in the first place. Furthermore, this act increased the number of fatherless children dramatically. It is inevitable that children, social workers, Defendants, mothers, and many other unspecified citizens will attack a father's character and financial assets if they know they can profit from it, and particularly if they know that they can never and will never be held accountable for any dishonest, immoral, or illegal acts they commit. Both social workers and judges have amply demonstrated by example that a simple disciplinary action by a father can be easily construed as "child abuse" by almost anyone, and used as a weapon to destroy his fatherhood, family, reputation, business, career, and ultimately used to shorten his life by more years than smoking a pack of cigarettes every day would.

It is thus predictable that, since Defendants enacted this Act, the number of "unsubstantiated reports" of child abuse in California increased by 8 times, that the number of "unsubstantiated reports" of child sexual abuse increased by 28 times, and that the total number of child abuse reports exceeds the number of children experiencing serious injuries (as reported by the American Humane Society) by 136 times.

The majority of what is now considered to be "child abuse" by social workers in California is considered to be "discipline" in countries which now score 37% higher than California on the IAEP tests. It was considered "discipline" in California as recently as 3 decades ago, when California's students scored 98 points higher on SAT tests. This Act guaranteed that the difference between "child abuse" and "discipline" could never be correctly determined. If such a charge were to be "reasonably believed to be in furtherance of the criminal charges" by a vindictive ex-wife, there is no provision in the Act to prevent a judge to "reasonably believe" a completely false allegation brought forth by that clearly vindictive ex-wife. No judge can completely ignore even an obviously false allegation, guaranteeing a propagation of false charges, while at the same time prohibiting the prosecution of those who file them.

Had such child abuse decreased, Defendants would have had some meager justification for contributing to the resulting massive family trauma and breakup. Child abuse increased, just as it would have been expected to if the role of the father is demeaned, denigrated, legally obliterated, and unconstitutionally altered.

Family Code 3064 Requires That Defendants, The Instant They Are Aware of The Social Pathology Surrounding Fatherless Households, Act Immediately To Mitigate This Problem:

"The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California."

"Immediate harm to the child includes having a parent who has committed acts of domestic violence, where the court determines that the acts of domestic violence are of a recent origin or are a part of a demonstrated and continuing pattern of domestic violence."

More than 92% of the Plaintiff Children who are under the authority of Defendants, or who have been kidnapped from Plaintiff Fathers, are denied access to their natural fathers. It is well established in the literature that children deprived of their natural fathers, including those living with step-fathers, compared to children in two-parent families, are more likely to go to prison by 8 times, to commit suicide by 5 times, to have behavioral problems by 20 times, to become rapists by 20 times, to run away by 32 times, to abuse chemical substances by 10 times, to drop out of high school by 9 times, to be seriously abused by 33 times, to be fatally abused by 73 times, to be one tenth as likely to get A's in school, and to have a 72% lower standard of living.

Plaintiffs have met the burden of showing that "immediate harm to the children is imminent" as long as they remain under the authority of Defendants. The predominance of the data demonstrates that the acts of Defendants are irrational and unpredictable and present a substantial danger to the physical, spiritual, and emotional well being of Plaintiff Children. The Family Law Act itself provides that the health, safety, and welfare of Plaintiff Children must be considered "in the best interest of the children". Defendants, however, ignore the facts at their fingertips, disobey laws they themselves enacted, and continue their systemic bias against fatherhood, California fathers, and Plaintiff Fathers.

For example, Family Code 3011 requires that they act immediately if the health, safety, or welfare of a child is threatened:

"In making a determination of the best interest of the child in a proceeding described in 3021, the court shall, among any other factors it finds relevant, consider all of the following:

(a)The health, safety, and welfare of the child;

(b)Any history of abuse by one parent against the child or against the other parent. As a prerequisite to the consideration of allegations of abuse, the court may require substantial independent corroboration, including but not limited to, written reports by law enforcement agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this subdivision, "abuse against the child" means "child abuse" as defined in 11165.6 of the Penal Code and "abuse against the other parent" means "abuse" as defined in 6203 of this code; and

(c)The nature and amount of contact with both parents."

To avoid this vital responsibility, Defendants routinely throw out vital evidence of the problems created by fatherless households by making assertions such as:

"The Court in its discretion may exclude evidence if its probative value is substantially outweighed by the probably that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." Evidence Code 352

Such declarations continue to disburse unnecessary self-serving statements, speculation, lay opinion, and obvious untruths. Defendants have the right and the responsibility to ensure that Plaintiff Children are afforded the opportunity to be cared for by Plaintiff Fathers. Blatant, callous disregard shown by Defendants for Plaintiff children's right to be educated, disciplined, and cared for by, and to have significant time with, their natural fathers, and the fact that Defendants resorted to outlandish acts against Plaintiff Fathers to promote a selfish and self serving agenda, is in and of itself sufficient cause to warrant Plaintiff Children being returned to their fathers.

All orders by Defendants which improperly removed legal and physical custody of Plaintiff Children from Plaintiff Fathers, providing only "supervised visitation" to Plaintiff Fathers, enabled meager and counterproductive opportunities to care for and nurture their children. Such orders are mostly obtained through artifice and misrepresentation and properly should be corrected by this court, in the best interests of the children.

Punitive measures used by Defendants against Plaintiff Fathers are wholly inappropriate and were improperly applied. With Defendants being a body of Government, the issuance of restraining orders limiting speech creates a chilling impact. Not to insure the exercise of free speech to our young, while teaching in our schools the importance of self expression and constitutionally protected liberties, denies these important rights to those who are in the most need for protection. Orders such as the following must henceforth be reversed by this court:

  1. Removal of custody of children from their natural fathers.
  2. Supervised visitation by natural fathers.
  3. Restraining orders which prevent natural fathers from speaking with or even seeing their own children.

Imagine if Defendants had removed children from fathers in intact two-parent families as vigorously and effectively as they removed them from divorced fathers. Our fundamental guarantee of freedom of thought and expression have been held, as in the Wallace court, to be the foundation of our democratic existence. Without freedom of mind and expression, as history has taught us, our form of government cannot stand. These controls on freedom of mind and expression were sought to be instituted by this Act without jurisdiction, as is obvious in the Wallace court decision. While advocating that freedoms be granted to every person in the country, relegating an innocent child to the directly conflicting wishes of a fatherless household is the worst possible violation of fundamental constitutional protection.

 

EIGHTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs' "free exercise [of religion]" Protected By the First Amendment to the Constitution By Altering A Solemn Promise to God.

Defendants assert that "The Family Law Act of 1970 did not disturb the 1872 position of the law regarding the husband's predominant marital rights". As this Act accomplished little other than to "disturb" those rights, as well as to greatly increase family conflict, divorce, illegitimacy, litigation and divorce legal fees, this is a fraudulent assertion. In 1969, Defendants repealed California Civil Code 5101, which stated:

The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife must conform thereto.

And replaced this simple principle with the intentionally vague, untried, untested, and contradictory 720:

Husband and wife contract towards each other obligations of mutual respect, fidelity, and support.

The Family Law Act itself prevents "marriage" from being a "contract". Family Code 1620 very effectively prohibits the marriage vow, or any other agreement between the two parties to this "contract", from having any legal effect:

Except as otherwise provided by law, a husband and wife cannot, by a contract with each other, alter their legal relations, except as to property.

"Marriage" cannot be called a "contract" when Defendants are the sole arbiter of how that contract is written, applied, interpreted, and implemented. This is an impermissibly vague if not outright fraudulent use of the word "contract" which discredits the union between man and woman sanctioned by God.

By this, the Family Law Act prohibits the "free exercise" of every one of the world's religions. It particularly prohibits the "free exercise" of the religions of the 85% of Californians who are Christians, the 2% who are Jewish, and the 1% who are Muslim. It specifically prohibits them from exercising one of the most important and fundamental practices of all three religions, which is the establishment of the father as the head of the family. It sets up an experiment in "gender equality", using our children as lab animals, in spite of the fact that it has already been proven time and time again throughout history, and throughout the world today, to be a totally unworkable and destructive social construct. Defendants have not demonstrated how this can work, nor have they provided any examples of when and where it ever has worked. They have embarked on a social experiment which cost Plaintiffs (and other California citizens) $5,013 Billion, with no proof that California's society or economy could ever have been expected to survive, much less to profit from, this experiment.

The repeal of this single article by itself does far more than simply "disturb the 1872 position of the law regarding the husband's predominant marital rights". Its replacement with 720 portends a bleak future for marriage and family. It upsets 3,000 years of civilized progress and reduces the human family to the status of the baboon. It sets up conflicts in marital relationships from which few families could ever be expected to recover. It destroys a primary motivation for males to marry and to take on the responsibility of raising a family in the first place. It creates gender warfare from which California's society and economy may never recover. It prevents responsible wives from keeping the most important commitment they ever make in their lives, "To honor and obey until death do us part". It makes a mockery of the Constitutional principle of "life, liberty, and the pursuit of happiness".

The most profound benefit of Christianity, Judaism, Muslim, Buddhism, and the majority of the world's religions is the compact with God which creates a husband/wife relationship which guarantees protection and education of the children of the human species. It is unique to, is responsible for the advancement of, and may be what separates other species from, the human species. This Act threatens the crucial family stability which is necessary for the mere survival of the human species, and indeed each and every social and economic statistic by which we measure California's progress or lack thereof has taken a sinister and distinct turn for the worse since enactment and enforcement of this Act by Defendants. It places the children of all families at increased risk to this social pathology as the children of fatherless households interact with and adversely impact children of two-parent, God fearing, stable families in the publicly funded education system.

Whereas several pages of "family law" were all that were necessary to coddle, protect, preserve, and nurture families for almost a century prior to the Family Law Act, and whereas one page of the Ten Commandments was all that was necessary for 3 millennia prior to that, citizens are now expected to read, understand, and remember 3 complete 700 page volumes of the most outlandish legal jargon merely to be able to understand, much less to obey, basic "family law". Such an experiment could never have been expected to produce any benefits, and indeed it has not produced a measurable benefit for children, fathers, mothers, education, the economy, the taxpayer, nor any other group, other than Defendants themselves. It is inevitable that, even with no other external factors, rampant increases in divorce, illegitimacy, murders, sexual abuse, child abuse, and spousal abuse would follow. The evidence shows that each of these expectations have been fully met.

The Family Law Act is a dishonor to God and a violation of federal law.

 

NINTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Reinstated Slavery and Involuntary Servitude in Violation of the Thirteenth Amendment.

The Family Law Act of California is unconstitutional and illegally enforced as it re-establishes the Institution of Slavery in the United States in a form much more insidious and stealthy than that prior to the Civil War and the Emancipation Proclamation. The result is the same: the abuse of a minority segment of our society--our Children and our future. California is destroying the American Family at the expense of the future of our children. Defendants have placed both Plaintiff Fathers and Plaintiff Children in "involuntary servitude and slavery" from which Plaintiffs cannot, without the assistance of this court, escape.

This Institution of Slavery is currently administered by the judges and attorneys of the State of California as a method of draining the victims of divorce of their money, and to incite conflict as a method of prolonging court actions, and thus increasing legal fees and costs. The end result, however, is the enslavement of children.

The abuse of the children of divorce, by placing them into slavery, is a major cause of the destruction of the American family, of the 120,000 divorces per year in California, and of the increased violence among young children against adults. Across the nation, 7-12 year old children are shooting teachers and parents as a direct result of the trauma to children surrounding divorce and slavery.

Enslavement of Plaintiff Children

The United States Magistrate has clear jurisdiction for violations of anti-slavery laws enacted following the Emancipation Proclamation freeing all slaves. When President Lincoln freed slaves he did not free black slaves; he freed all slaves. Anti-slavery laws have continually used by the courts to stop the practice of slavery and involuntary servitude and have applied those laws to Hispanics, Asians and other ethnic groups to stop abusive practices against minority groups. Defendants, through judicial abuse of the Family Law Act, have placed Plaintiff children in bondage and denied them of due process of law. Children of parents in conflict are a minority group, and the traumatic experiences that they are forced to endure at the hands of the judicial system in California is exactly the same as the trauma experienced by children of slaves. The Emancipation Proclamation was designed to protect these children and it is appropriately applied to the children of divorce and the non-custodial parent. The denial of the children’s rights to paternal guidance fits the definition of slavery, in that the Court (the Slaver), has caused the same traumatic emotional damage that was caused by the institution of slavery abolished by the Emancipation Proclamation. This places jurisdiction clearly in Federal Courts under anti-slavery laws.

Defendants, by and through the Family Law Act of 1972, have re-established a State Sponsored and Court Supported institution of slavery. Defendants have placed children into bondage in violation of the Thirteenth Amendment, the Civil Rights Act of 1866 (APR. 9, 1866), the Civil Rights Act of 1871, the Civil Rights Act of 1875, the Civil Rights Act of 1968, Anti-Slavery Laws and the doctrines of the Emancipation Proclamation.

Anti-Slavery laws do not apply strictly to Blacks. They have been interpreted and applied to oppressed persons of all races including white slaves. The Mann Act, 18 U.S.C. 397, commonly known as the White Slave Traffic Act was passed and enforced by the courts to stop the interstate trafficking in prostitution and to stop involuntary servitude. The power to determine to whom and where slavery is being practiced rests within the jurisdiction of this court. It also has the power to determine the badges and the incidents of slavery and the authority to translate them.

Prior to the Mann Act prostitutes and the transportation of prostitutes across state lines was not considered to be an incident of slavery or involuntary servitude. The Congress and the Courts liberally interpreted the Thirteenth Amendment to include these morally decadent acts as being in violation of the amendment. In the decades following the Civil War the courts have applied liberally the Anti-Slavery Laws to include the oppressed, minorities, immigrants, blacks, whites, Hispanics, Asian’s, indentured prostitutes from Viet Nam, and immigrants from numerous other countries. The children of divorce are an oppressed group. The children of divorce are a minority. The children of divorce are being enslaved if they are denied their rights to have biological fathers involved in their lives. The Courts have a mandate to prevent the enslavement of these children at the hands of Defendants. These children cannot protect themselves.

Now Plaintiffs come before this court to inform you of a misuse of the judicial system that has far-reaching impacts, not only on our generation; but on future generations. Plaintiffs are informing the courts that the Judicial System in the Family Courts of California (and across the country) are abusing, by design, our children; indeed, our future. This abuse is slavery because it places both Plaintiff Children and Plaintiff Fathers in fear of custodial parents, judges, attorneys, and court-appointed experts. The end result is that the minds of these children are forever changed to hate and despise their own biological fathers. In the majority of cases it is the biological father who is the target of this discrimination. Across the nation, as with the Family Law Task Force of San Diego, California, experts are recognizing the badges and incidents of slavery that has placed children in bondage. They identify the violations, under color of law that are the tools of the slavers. The slavers are the attorneys who use fraud, perjury and false allegations as a weapon to win for their clients and the judges who allow it to occur in their court rooms in violation of their mandates to police their courts and to uphold guaranteed rights under the Constitution of the United States. Still, Defendants do not act "in the best interests of the children". This failure to act under color of law is a crime against the common good and is a public offense and falls under the common law theory of tort liability

If these children are being brainwashed to hate one of their parents; denying the Constitutional rights of the other; then they are being made slaves of the other parent with the conspiracy and endorsement of the courts, the judges, the attorney’s and the State. This court, in its jurisdiction to stop slavery, cannot and must not ignore these cries from the dark for relief Anti-Slavery laws apply to the abused children of divorce. If this court fails to act; future generations of our children will become the instrument that will destroy our nation from within. The destruction of the family will be our nation’s destruction.

"It is difficult to determine on the standard by which a nation may be tried, whether catholic, or particular. It is more difficult for a native to bring to that standard the manners of his own nation, familiarized to him by habit. There must doubtless be an unhappy influence on the manners of our people produced by the existence of slavery among us. The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. Our children see this, and learn to imitate it; for man is an imitative animal. This quality is the germ of all education in him. From his cradle to his grave he is learning what to do what he sees others do. If a parent could find no motive either in his philanthropy or his self love, for restraining the intemperance of passion towards his slave, it should always be a sufficient one that his child looks on, catches the lineaments of wrath, puts on the same airs in the circle of smaller slaves, gives a loose to the worst passions, and they nursed, educated, and daily exercised in tyranny, cannot but be stamped by it with odious peculiarities." Thomas Jefferson on Slavery

Thomas Jefferson’s words are as applicable today as they were when he wrote them. Children are molded by what they see becoming the sum of their experiences. Allowing the custodial parent to mentally manipulate the child to hate the non-custodial parent through the use of parental alienation perpetrates the use of it by that child in the future generation. This mental manipulation is a extreme form of slavery. The child cannot escape the brainwashing, cannot break free of the bonds that hold him or her, cannot free himself or herself, and will be doomed to commit the same abuse on his or her children in the future. The judges of the court and the attorneys who practice before the court have knowledge of this slavery, encourage it as a tactic to win for their clients, and show no remorse for the mental destruction that it causes Plaintiff Children and Fathers.

AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Section 1.

Neither slavery nor involuntary servitude, except as a punishment for

crime whereof the party shall have been duly convicted, shall exist

within the United States, or any place subject to their jurisdiction.

Defendants have violated the spirit and intent of this amendment to the Constitution as well as the doctrines that followed the Emancipation Proclamation. The destruction of the parent/child relationship of the non-custodial parent violates common law, God’s law, natural law, the basic precepts of the Magna Charta, the United States Constitution, the California Constitution, and federal law.

Plaintiff Children have been placed in bondage and brainwashed by Defendants. The mental damages caused by this is, in the evaluation of Dr. Noll Evans, the same as those suffered by black slave children during and before the Civil War. Richard A. Gardner, M.D. describes this campaign of denigration of the parent/child relationship as:

"Typically the child is obsessed with 'hatred' of the parent."

"These children speak of the hated parent with every vilification and profanity in their vocabulary—without embarrassment or guilt. The denigration of the parent often has the quality of a litany. After only minimal prompting by a lawyer, judge, probation officer, mental health professional, or other person involved in the litigation, the record will be turned on and a command performance provided."

"Typical comments of such children include: "I hate him and I never want to see him again in my whole life." "He’s mean and he’s stupid and I don’t care if I ever see him again," and "If I have to see him I’ll see him once a month for an hour. That’s all I can stand".

"A father who was once doting and loving becomes transformed into a noxious individual or a non-person. A father with whom there were joyous experiences is now referred to as boring."

"When asked about the activities the child engaged in with the father after the separation, the child will often say, "I don’t remember." When the examiner asks incredulously about the child’s lack of memory for all events that occurred prior to the father’s departure, the child claims complete amnesia. It is as if a segment of the child’s brain in which were embedded memories of life with father prior to his departure have been totally obliterated."

California judges and attorney’s have placed the children of non-custodial parents into bondage by abusing, under color of law, their power over the life and death of children for the sole purpose of prolonging the conflict between parents in conflict. This is against all human rights and God-given rights.

Gardner attributes the rise in occurrences of this syndrome directly to the divorce courts:

"Prior to the early 1980s, I certainly saw children whom I considered to have been brainwashed by one parent against the other. However, since that period I have seen – with increasing frequency – a disorder that I rarely saw previously. This disorder arose primarily in children who had been involved in protracted custody litigation. It is now so common that I see manifestations of it in about 90 percent of children who have been involved in custody conflicts. Because of its increasing frequency and the fact that a typical pattern is observed – different from simple brainwashing – I believe a special designation is warranted. Accordingly, I have termed this disorder the parental alienation syndrome."

Plaintiff Children are so abused by Defendants that they suffer severe "Parental Alienation Syndrome". For example, Shannon Hedrick, Plaintiff Child of one Plaintiff Father, suffers it so badly that she "would rather live in a mud hole in the ground" and placed herself in a position to be "RAPED" rather than face any more harassment from Defendants. Defendants have placed a higher priority to financial remuneration to unscrupulous ex-wives then to the rights of Plaintiff Children to have a meaningful relationship with Plaintiff Fathers.

This has made Plaintiff Children slaves to angry and vengeful ex-wives, attorneys, judges, social workers, Child Protective Services agencies, welfare agencies, medicare and social security employees, all of whom have proven by example their total inability to meet basic needs of Plaintiff Children.

Parental Alienation Syndrome is a form of bondage and child abuse. It is the tool of the Slaver to place children of Parents in Conflict into Slavery at the hands of the mother who is allowed to use it and is not stopped by the court.

The spirit and intent of this amendment to the Constitution was ratified by the representatives of we the people to prevent precisely this kind of abuse by Defendants.

Citizens are prohibited by the constitution from holding another citizen in involuntary servitude, and certainly government (and thus Defendants) are clearly prohibited from it. This reinstatement of involuntary servitude and slavery is a violation of federal law.

The children of the parents in divorce cases throughout the State of California are being place in involuntary servitude which is a violation of anti-slavery laws and the Emancipation Proclamation.

Every time a child is denied the right to associate and have a relationship with their father, they are being placed into bondage at the hands of the mother. These children are made slaves by the other parent and are denied their constitutionally protected rights to have two parents in their life.

This denial of rights is also a denial of their rights to due process due to the fact that they are not granted the right to speak for themselves without undue influence of attorneys, judges, psychologists, doctors and the custodial parent.

The State of California has allowed the Family Court Judges and the Attorneys of California to re-establish the institution of slavery. The slavers are the judges and the attorneys and the slaves are the children of divorce. This court has the authority, and the moral and legal responsibility, to abolish both the practice of slavery and the Family Law Act in California.

 

 

 

COMPARISON CHART OF SLAVERY AND THE CALIFORNIA FAMILY COURT SYSTEM

Slavery & Apartheid Systems

California Family Court System

1. A government sponsored system of emotional terrorism and abuse against innocent citizens, their families and children.

YES

YES

2. A perverted and evil system that violates and defiles all the moral and spiritual laws of God.

YES

YES

3. A system that robs peoples of their freedoms and strips them of their pride and dignity.

YES

YES

4. A system that supports and condones invidious discrimination.

YES

YES

5. A system that destroys long-standing family relationships.

YES

YES

6. A system that keeps parents and children separated for long periods of time.

YES

YES

7. A system that deprives people of their Constitutional Rights.

YES

YES

8. A system that is a billion dollar industry generating obscene profits of the backs of the oppressed.

YES

YES

9. A system that causes severe problems for future generations.

YES

YES

10. A system that is defiantly resistant to change and steadfastly refuses to stop it’s inhumane abuses of people.

YES

YES

11. A system that incites people to violence and encourages them to disobey the law.

YES

YES

12. A system that deprives the enslaved of any education to help free themselves from their forced captivity and enslavement.

 

YES

 

YES

13. A system that needs a bold and courageous leadership to abolish it.

YES

YES

14. A System that will eventually destroy itself from the weight of its own moral depravity and sickness.

YES

YES

15. A system that has no moral or spiritual conscience or redeeming social values whatsoever.

YES

YES

16. A system that violates national and international laws of human decency and human rights.

YES

YES

17. A system that allows the children to be mentally manipulated and destroyed and uses them as weapons to keep the adults in slavery.

 

YES

 

YES

18. A system that will be shown in future generations to be a crime against humanity.

YES

YES

1998 America’s Family Court System, A Cancer on The American Family, William Kirkendale

 

Enslavement of Plaintiff Fathers


The spirit and intent of this amendment to the Constitution is clear. Any coercion, civil or criminal, by any authority for a male to perform work in payment of any debt is peonage and is thus in violation of 42 USC section 1994. Defendants have violated common law, God’s law, natural law, the basic precepts of the Magna Charta, the united states Constitution, the California Constitution, common sense, the English language, and federal law by imprisoning Plaintiffs for the "crime" of giving paternal guidance a higher priority than financial remuneration to unscrupulous ex-wives under the misnomer "child support payments". Solely and merely to sidestep this clear provision of important amendments to the united states Constitution, Defendants have confused the terms "obligation" and "debt" by claiming that money owed for court-imposed "child support payments" is not a "debt". Furthermore, they redefined court-imposed payments to be an "obligation" which they then assert is outside of the scope of the united states Constitution by stating:

We conclude therefore, that neither the constitutional prohibition of involuntary servitude nor the bar to imprisonment for debt precludes imposition of a contempt or criminal sanction on a parent who, having the ability to do so, willfully fails to pay court-ordered child support, or when necessary to make payment possible willfully fails or refuses to seek and accept available employment for which the parent is suited by virtue of education, experience, and physical ability. Brent N. Moss v. Superior Court of Riverside County, Super. Ct. No. D108660

The spirit and intent of this amendment to the Constitution was ratified by the representatives of "we the people" to prevent precisely this kind of abuse by Defendants. The sole purpose of Defendants when they redefined "debt" was to defeat the spirit and intent of the united states Constitution and the defy the restrictions imposed upon Defendants by "we the people". The spirit and intent of the united states Constitution is defeated when Defendants become the sole arbiters of whether or not Plaintiffs "hav[e] the ability to do so", whether or not Plaintiffs "willfully fail[] to pay", whether or not Plaintiffs "willfully fails or refuses to seek … employment", whether or not Plaintiffs "accept available employment for which the parent is suited", or whether or not this employment is consistent with Plaintiffs’ "education, experience, and physical ability." Citizens are prohibited by the constitution from holding another citizen in involuntary servitude, and certainly government (and thus Defendants) are clearly prohibited from it. This reinstatement of involuntary servitude is a violation of federal law.

 

TENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Intentionally Misled Plaintiffs With Unconstitutionally Vague Laws.

"Vague laws offend several important values; first, vague laws may trap the innocent by not providing fair warning; second, vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with attendant dangers of arbitrary and discriminatory application; and third, where a vague statute abuts on sensitive areas of basic First Amendment freedoms, it operates to inhibit the exercise of those freedoms." Grayned v. City of Rockford, 92 S.Ct. 2294, 408 U.S. 104 (1972)

Raising a family, running a marriage, and settling disputes requires only Ten Commandments and the simple vow to "honor and obey until death do us part". When these simple principles are displaced, frustrated, and/or obfuscated with 492 pages consisting of 378,840 words arranged in the most confusing manner possible, confusion, divorce, illegitimacy, reduced birth and marriage rates, and family breakdown are inevitable. Consider the following example of legislation which is apparently intended to be as vague as possible:

2107

(a) If one party fails to serve on the other party a preliminary declaration of disclosure under Section 2104 or a final declaration of disclosure under Section 2105, or fails to provide the information required in the respective declarations with sufficient particularity, and if the other party has served the respective declaration of disclosure on the noncomplying party, the complying party may, within a reasonable time, request preparation of the appropriate declaration of disclosure or further particularity.

(b) If the noncomplying party fails to comply with a request under subdivision (a), the complying party may do either or both of the following:

There is not a shred of justification for so insulting the English language, other than the hidden motive of assuring that only attorneys understand it, thus ensuring Defendants’ job security. The entire Family Law Act is intentionally vague in 4 major respects:

  1. It asserts that it "did not disturb the 1872 position of the law regarding the husband's predominant marital rights", while repealing California Civil Code 5101 which accomplished precisely that.
  2. It includes numerous laws which conflict with basic Christian and other religious beliefs as well as with each other, effectively masking the fact that the "free exercise" of Christianity is comprehensively and effectively prohibited by it.
  3. To even begin to understand what the "husband's ... marital rights" are now requires an extensive library, and/or numerous trips to law libraries, and knowledge of 13,787 pages of law, which is a physical impossibility:
    1. 2,200 pages of Deering's Family Code
    2. 9,412 pages of Deering's Civil Code
    3. 1,925 pages of the Penal Code
    4. 250 pages of California Rules of Court
  4. Even the completion of such research does not guarantee that the ordinary citizen has the ability to begin to understand, obey, or even remember this law.

Deering's California Code is three (3) volumes of 762 pages each, plus 55 page supplements, for 2,341 pages of annotated Family Code.

 

Pages

Percent

Fraud

1/2

0.02%

Adultery

0

0%

Bear False Witness

0

0%

Licensing, registering marriage

20

0.9%

Marriage, confidential marriage

50

2.1%

Rights & Obligations

50

2.1%

Property

170

7.3%

Courts

25

1%

Dissolution

160

6.8%

Property Division

400

17.1%

Child Custody

270

11.5%

Support

740

31.6%

Domestic Violence

60

2.6%

Minors

90

3.8%

Parent Child Relationship

90

3.8%

Adoption

100

4.3%

 

Adultery is considered by the Ten Commandments to be such a serious crime that it is located right next to the Commandment against murder. The Bible describes adultery to be even more serious a crime than murder in many circumstances. In 13,787 pages of California law, adultery is mentioned only by reference to the "Act of 1872", which is not specifically described. Research into case law reveals that adultery still carries a state prison sentence, but it is not even given a section in the penal code, which is required by police departments and districts attorney to prosecute a crime. Even reading each one of these 13,787 pages of law doesn't answer the question: Is it a law, or is it not a law?

The codification of the law into so many volumes would not be unconstitutionally vague if the message were made clearer with these 13,787 pages and if it made it easier to understand and follow the law. Exactly the opposite happened. The single page Ten Commandments is not only clearer, easier to follow, more effective, but is actually more comprehensive. It contains 7 key principles which these 13,787 pages omit and/or obscure, and the obfuscation of 3 of them makes a mockery of an Act entitled "Family Law Act". This is its apparent intended objective.

"Honor thy mother and thy father ..." is a clear and unambiguous principle. "The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife must conform thereto" is almost as clear and unambiguous. But California Civil Law 48.7 confuses everyone.

California Civil Law 48.7 -- Civil action for libel or slander arising from child abuse prosecution: No person charged by indictment information, or other accusatory pleading of child abuse may bring a civil libel or slander action against the minor, the parent or guardian of the minor, parent or guardian, or witness which are reasonably believed to be in furtherance of the prosecution of the criminal charges while the charges are pending before a trial court.

This is a conflicting message, if not an outright invitation, to a child whose parents only want him to do his homework, to the teacher who is mandated to report a bruise which the child claims he got in soccer practice, to the social worker who doesn't know and can't understand the importance of child discipline, to the parents who won't discipline even the most recalcitrant child out of fear that some unknown third party might "reasonably believe" that what they consider to be discipline could be considered to be child abuse by others, and to a judge who almost universally takes the easy way out by believing any and all false accusations.

Also obscured is the compelling state interest which drove Defendants to pass a law which so weakened marriage and family at precisely the point in history when the exact opposite could have and should have been Defendants' objective. It provides no clue as to why the minority opinions and doctrines of the 0.2% of the population which supports radical feminism were given priority over the 85% of the population which is Christians, the 2% which are Jewish, and the 1% which are Muslims. It provides no clue that Defendants even considered the massive destruction of the economy and society of California that was inevitable from the passage of this Act. It provides not a trace of evidence that Defendants thought such a radical minority doctrine had worked, could work, or ever will work, in California or anywhere else in the world. It makes the odd claim that "the prevailing mood of the 1970s" was responsible for the passage of an Act formulated in the late 1960s. It ignores the impact that such an act passed in the 1960s would have on "the prevailing mood of the 1970s". In an attempt to deny Defendants culpability for successive events, it is a virtual proclamation that laws are unable to shape public morals.

This rationale for passage of the Act is tantamount to proclaiming that, even though there is a law against murder, "the prevailing mood of the 1970s" was followed by an increase in the murder rate, so 13,787 pages of laws related to murder will be published to obscure the laws and penalties surrounding murder prosecution. It could then be considered a compelling state interest when the murder prosecution rate declines, even though the murder rate itself continued to increase.

 

ELEVENTH CAUSE OF ACTION -- Defendants Impermissibly Bias Case Law By Prohibiting the Publishing of Critical Appeals Court Rulings

Defendants have impermissibly biased case law by prohibiting the publishing of decisions which mismatch Defendants' biased political agenda. In numerous cases, Plaintiffs’ appeals to court orders (e.g., an order which denied the ability to exercise an agreement with ex-wives and creditors regarding a debt [child support]), are not allowed to be published. Even though such a decision may have established important precedents, it is unavailable to Plaintiffs because Defendants impermissibly mixed their desire to "crack down on deadbeat dads" with their responsibility to uphold the Constitution, creating a false rationale for violating Plaintiffs’ constitutional rights. This is a violation of federal law.

TWELFTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Intentionally Inflicted and Continue to Inflict Undue Emotional Distress Upon Plaintiffs.

Defendants by and through malicious and willful use and abuse of process, have knowingly, willfully, maliciously and intentionally acted in a civil conspiracy and criminal conspiracy with each other with the aiding and abetting and assisting of each other to deprive, deny, and to cause:

  1. Violation of Plaintiff Fathers' and Plaintiff Children's rights.
  2. Custodial interference against Plaintiffs.
  3. Intentional and negligent infliction of emotional distress.
  4. Malicious abuse of process.
  5. Malicious use of process.
  6. Filing of false claims and motions.
  7. Child access denials though Plaintiff were never accused of any wrongdoing to harm children.
  8. Minor children psychological child abuse, driving the minor children to the point of insanity by and through "brainwashing", coercion, threats of punishment, constantly fed negative and derogatory information about Plaintiff fathers and their families.

By the actions, commissions and/or omissions described above, Defendants engaged in civil conspiracy to cause Plaintiffs intentional infliction of emotional distress, by and through Defendants' campaign to destroy the relationship between Plaintiff Fathers and Plaintiff Children:

  1. By fraud by way of inducement, to induce fathers through trust in the present Court systems in which to vitiate fraud upon those parents. Once said design to induce fathers into Court process—fathers then have factually no redress at law to challenge the imposition of injustice. This cogent coercion applied by the courts, in collusion with local, state and Federal Agencies, has as its sole purpose to disenfranchise the father’s authority within his own home, to remove his children against his authority and consent; and to ‘obligate’ that parent into "legalized" slavery, and to eternal legal process, to benefit Defendants.
  2. By use of deception, fraud, trickery, and artifices in the form of alleged "legal" papers and taking away Plaintiffs' funds to prevent them from defending their unalienable rights, thus interfering with custody of Plaintiffs with their children.
  3. All named Defendants deprived Plaintiff fathers and children of the following clearly established and well-settled Constitutional rights:

(1) Freedom from Interference with the father-child relationship, as Plaintiffs' rights were violated under the 1st, 4th, 5th, 9th, 13th and 14th Amendment rights under the Constitution for the united states of America, and the U.N. Declaration of Human Rights.

(2) Freedom from the deprivation of Liberty—without Due Process and Equal Protection of the Laws—under the 1st Amendment right to Associate with their children through visitation; 5th and 14th Amendment Due Process and Equal Protection rights guaranteed to everyone, and 9th Amendment right to privacy to raise and nurture their children unimpeded and unhindered.

  1. Freedom from summary punishment.
  1. Defendants by and through law offices and through use of their expertise, artifices, trickery, deceit and papers did foist a fraud upon the state courts by subjecting Plaintiff fathers and children to deprivations of constitutionally protected and unalienable rights by maliciously and recklessly acting in total disregard of those rights.
  2. Defendants who believe they are under the immunity of the Defendants themselves committed heinous and outrageous acts, commissions and/or omissions to deny and deprive Plaintiffs of a father-child relationship with their children.
  3. Defendants, knowing that Plaintiffs are fathers and that fathers are treated with disdain and as "third class citizens" in divorce, custody and parenting, engaged in these actions intentionally and for the sole purpose of causing emotional distress to Plaintiffs by denying and depriving them of their constitutionally protected rights.
  4. The foregoing biases, prejudices (on basis of bias against the male gender and fatherhood), actions, omissions, systemic flaws, policies and customs of Defendants were not lawful authority to seize and interfere with Plaintiffs' father-child relationships in violation of their 1st, 4th, 5th, 9th and 14th Amendment protections against government run amok.
  5. Said Defendants have committed these actions, commissions, and omissions by improperly training or having improperly trained and prejudicial judges sitting on cases that have huge emotional and life altering impacts.
  6. Defendant, by not having properly trained and unbiased judges sitting in the family courts have caused Plaintiffs and others emotional distress and unlawful interference with constitutionally protected and unalienable rights without a compelling state interest.
  7. Defendant subjected Plaintiffs to deprivations of rights by maliciously and recklessly acting in total disregard of those rights.
  8. Defendants, by improperly training its employee judges, by not controlling them from threatening, intimidating, harassing and menacing citizens; by failure to properly train judges in family rights, children's rights, child psychology, family dynamics, family economics, etc., subjected Plaintiffs and their children to deprivations of constitutionally protected Liberty and Pursuit of Happiness interests under the 1st, 4th, 5th, 9th, 13th and 14th Amendments of the Constitution for the united states of America.
  9. By the actions described above, the Defendants set policy and control the employee judges and are liable to Plaintiffs for their damages. Since the Defendants are the final decision maker in the county and state and caused Plaintiffs to be deprived of their father-child relationship, they are therefore liable to Plaintiffs for damages.
  10. As a direct and proximate result of the actions, commissions and/or omissions of the Defendants, Plaintiffs suffer severe and permanent psychological injuries and mental anguish, and Plaintiffs were forced to incur excessive and unnecessary legal and medical/psychological expenses.
  11. Plaintiffs have suffered psychological injuries for loss of consortium with their children.
  12. Defendants operated in concert and used civil and criminal process (false domestic violence allegation) against Plaintiffs in order to interfere and circumvent their constitutionally protected rights to have and maintain a father-child relationship; to intimidate Plaintiffs from asserting their rights to protect that relationship and to prevent Plaintiffs from asserting their rights in order to cover up wrongdoing and then trying to avoid civil and criminal liability for their acts. By violating their Oaths of Office Defendants committed acts of Treason in violation of 18 U.S.C. 2381.
  13. By and through the malicious and intentional actions, commissions and omissions of ALL Defendants operating in concert, as a direct and proximate result of said acts of the Defendants, Defendants committed criminal acts by allowing violations of Plaintiffs' rights in violation of 18 U.S.C. 2382--Misprision of Treason; and Misprision of Felony in violation of 18 U.S.C. 4. Said conspiracy violated Plaintiffs' rights under 42 U.S.C. 1985 (2) & (3) and Defendants committed criminal acts pursuant to 18 U.S.C. 241, 242 and conspired to violate rights in violation of 18 U.S.C. 371.

Because of said conspiracy to violate rights, Plaintiff fathers have suffered the following injuries and damages:

  1. Complete and irreparable destruction of the emotional bonding with their children.
  2. Complete parental alienation and loss of affection with children who don't know them as fathers, but only as "visitors".
  3. Psychological trauma and severe mental anguish caused by the malicious acts of interference with the father/child relationship.
  4. Plaintiffs are denied the social pleasures and care, companionship and nurturing of their children.
  5. Loss of enjoyment of life.

This is a violation of federal law.

THIRTEENTH CAUSE OF ACTION -- Defendants Failed to Articulate a Compelling State Interest

Any conceivable compelling state interest which Defendants hoped to achieve could not have been further from attainment in light of the doubling of the divorce rate, the tripling of the murder rate, the quadrupling of the rate of fatherlessness, the quadrupling of the incarceration rate, the 98 point plunge in SAT scores, and the emotional stress imposed upon Plaintiff Fathers and Children immediately following enactment of the Family Law Act. The primary function of the government by which Defendants are employed is to protect its citizens from the very social instability created by Defendants. Defendants had the responsibility to implement, failed to implement, and should have implemented in 1969, a Family Law Act, a Family Code, and Rules of Family Practice designed and intended to mitigate or eliminate these social problems. The most pressing social problems at the time this Act was passed were the already high divorce, crime, murder, incarceration, delinquency, teen suicide, teen pregnancy rates, and the massive social problems like abortion, venereal disease, illegitimacy, poor education quality, etc., already being caused by fornication (out-of-marriage sex), adultery, and unbridled and unpunished acts of perjury. This Act discriminates against fathers, reduces the incentive for California men to marry, and contributes to the severe decrease in the number of two-parent families which underlies the above social pathology.

Greater incentives for families to remain intact, disincentives for the creation of single-mother households, social or financial penalties for divorce, mandatory work programs for chronic welfare recipients who have used welfare to buy illegal drugs and to make public assistance a career, hospitalization and treatment of drug abusers, teaching ethics in public schools, all are acts which would have improved an already relatively stable society. With such programs Defendants could have improved SAT scores, reduced the divorce rate maybe even enough to emulate most divorce rates around the world which are now 1/20th of California's, cut the murder and incarceration rates to a fifth of what they are today (to a level equivalent to Japan's rates), reduced rather than increased fatherlessness, and greatly reduced taxes. These would have been both responsible and achievable goals.

Instead, Defendants implemented, enforced, and continue to enforce a Family Law Act et seq. which not only failed to meet any conceivable public legislative intents or objectives, but which imposed Draconian laws on the otherwise relatively stable California society of the 1960s [read: emotionally damaging, restrictive, unrealistic, unconstitutional, destructive, frustrating, time consuming, cumbersome, inefficient, burdensome, irritating, complex, maddening, irrational, contradictory, vague, combative, destructive, irresponsible, unbiblical, anti-Christian, anti-Jewish, antisocial, asocial, misanthropic, cynical, unsociable, expensive, exorbitant, financially devastating, absurd, unsound, fallacious, fraudulent, deceptive, deceitful, hypocritical, misleading, costly, inhumane, counterproductive, biased, discriminatory, wasteful, unproductive, anti-family, anti-children, bureaucratic, empty, conglomerate, sometimes criminal, ungodly, AND unconstitutional].

Defendants have shown no compelling state interest to justify their violation of so many constitutional rights to so many Plaintiffs. Even if they produced any evidence at this late date that this Act improved even one minority group, one financial statistic, one economic statistic, or one individual, they still could not justify the $5,013 Billion loss to California. Defendants' provision to mothers of a controlling interest over or an equal interest to fathers in the private affairs of the family upset family structure and stability so severely that family breakup was inevitable. Their assertion that this is "in the best interest of the children" is wildly protested by Plaintiffs who see not a single concern for nor any improvement in the "welfare of the children" by Defendants. Their assertion that this was necessary to make up for past "discrimination against" mothers is contravened by the fact that women and mothers are the ones most harmed by this Act -- family breakup is ultimately more damaging to women and motherhood than it is to most men and fatherhood. Their assertion that mothers somehow benefited from this newfound freedom is contravened by every bit of statistical evidence to the contrary.

The chronic rise just in the rate of unmarried births was a clear warning signal to Defendants, at every point in time since the passage of the Act, that they were derelict in their duty to a degree beyond even outright infringement of Plaintiffs' Constitutional rights. It is unconscionable that they observed this loud and clear signal of their failure, yet continued to fail to take even one single responsible step to correct it. Plaintiffs are beyond rage when they observe Defendants producing conciliatory political rhetoric which Plaintiffs know will both fail to even address the root problem, much less correct it, PLUS will make the symptoms worse:

Consider the number of illegitimate births as a percent of all births as one mere example of their foolhardiness:

 

1950

1960

1965

1970

1975

1980

1985

1990

1991

4.1%

5.3%

7.7%

10.7%

14.2%

18.4%

22%

27%

29%

 

In the 2 decades prior to Defendants' enactment of the Family Law Act, the rate of illegitimate births had increased 2.8 fold, a fact which should have alarmed them into action to correct this clear signal of the destructive social pathology which government exists primarily to prevent. Instead, they passed an Act which not only failed to correct or mitigate the problem, but which in the next 2 decades increased it even faster, by 3 fold.

There is now no compelling state interest more important than reestablishing responsible fatherhood, putting fathers back into the workforce, placing children in the father headed homes in which they are well known to be the most secure and productive, and bringing a speedy end to the severe social and economic problems caused by Defendants through this Act. This is a violation of federal law.

 

FOURTEENTH CAUSE OF ACTION -- Defendants, By and Through the Family Law Act, Deny Plaintiffs Fatherhood As a Liberty Interest Protected By "life, liberty, and property" In The Fifth Amendment to the Constitution.

AMENDMENT V

No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand Jury,

except in cases arising in the land or naval forces, or in the

militia, when in actual service in time of war or public danger; nor

shall any person be subject for the same offense to be twice put in

jeopardy of life or limb; nor shall be compelled in any criminal case

to be a witness against himself, nor be deprived of life, liberty, or

property, without due process of law; nor shall private property be

taken for public use without just compensation.

California records show that 92% of the children of divorce are caused by Defendants to be placed in the custody of their mothers and are thus are deprived of paternal guidance, education, and care. This is due solely to systemic bias against fathers and is contrary to all compelling state interests. Plaintiff Children have limited access to their own biological fathers, in direct contradiction to the welfare of both Plaintiff Children and Plaintiff Fathers. Compared to children of two-parent families where the father is present, they are more likely to go to prison by 8 times, to commit suicide by 5 times, to have behavioral problems by 20 times, to become rapists by 20 times, to run away by 32 times, to abuse chemical substances by 10 times, to drop out of high school by 9 times, to be seriously abused by 33 times, to be fatally abused by 73 times, to be one tenth as likely to get A's in school, and to have a 72% lower standard of living.

The "National Household Education Survey, 1996", from the National Center for Education Statistics, US Department of Education, shows the following effects of PARENTAL INVOLVEMENT IN EDUCATION:

  1. In single-mother households, the mothers' moderate involvement in their children's educations decreases their likelihood of getting mostly A's by 32% [Table B8].
  2. In single-mother households, the nonresident fathers' moderate involvement in their children's educations increases their likelihood of getting mostly A's by 39% [Table 10].
  3. In single-father households, the fathers' moderate involvement in their children's educations increases their likelihood of getting mostly A's by two fold [Table B7]
  4. In two-parent families, fathers’ "highly involved" in their children’s educations increase their probability of getting "mostly A’s" by 30%, while "there is no association between children getting mostly A’s and the mothers’ involvement ...", Pg. 10.

Plaintiff Children who are removed from and/or denied paternal care, against their will and without an ability to express their desires, are at a serious disadvantage compared to children who are afforded the care of their natural fathers.

Plaintiff Fathers are most concerned about the resulting 92% rate of mother custody achieved by Defendants through enforcement of a Family Law Act which calls for a presumption of joint custody. Only 3% of California fathers of divorce receive custody of their children solely because of this judicial bias, a violation of the Constitutional rights of both Plaintiff Fathers and Plaintiff Children. Defendants could have and should have exercised appropriate responsibility and applied alternative methods which could avoid the chronic lack of paternal guidance available to Plaintiff Children. Defendants flagrantly, openly, publicly, chronically, and consistently disregard the Constitutional and God-given rights, the desires and needs, the resulting social and economic disadvantages, of 3.5 million Plaintiff Children and 2.6 million Plaintiff Fathers by and through this Act. Whether or not it was intentional, a widespread effect of Defendants' passage and enforcement of the Family Law Act has been to criminalize Plaintiff Fathers, and in many cases Plaintiff Children, to prevent them from seeking Constitutional protection.

Defendants have failed to recognize the crucial and significant differences between the contributions each parent makes to the family, between earning ability, between parenting skills and parenting outcomes, and what is required to achieve the optimum parenting results. If Defendants completely ignored the fathers' average superior parenting, earning, educating, and disciplinary skills, and if they assumed that both mothers and fathers were "similarly situated", Defendants would still have the legal and moral obligation to assure that child custody awards, "child support payments", taxation, court orders, enforcement of court orders, jailing and imprisonment for equal violations of court orders, etc., are not biased against Plaintiffs. Divorced fathers are imprisoned for a variety of manufactured "crimes" which apply to neither divorced nor married mothers, nor to married fathers. In addition to this level of bias against Plaintiff Fathers, Defendants ignored and continue to ignore their own data which shows that the children of fatherless households are at a significant disadvantage relative to the children of two-parent and single-father households in achieving this unequal outcome, which is a violation of federal law.

 

FIFTEENTH CAUSE OF ACTION -- Defendants, by and through the Family Law Act, deny Plaintiffs "due process of the law" afforded by the Fifth Amendment to the Constitution.

It is well established in case law that a parent's interest in custody of children is a "liberty interest" which has considerable constitutional protection. A parent who is deprived of custody of his or her child, even though temporarily, suffers thereby grievous loss and such loss deserves extensive due process protection.

Yet 92% of the divorced fathers of California have been deprived of the right and ability to care for and nurture their natural children without this "due process of the law". Defendants not only prohibit and ignore "due process of the law" by way of the Family Law Act, but they have compounded already serious family problems, criminalized fathers who exercise basic parental responsibilities and rights, participated in the doubling of the divorce rate, and placed both Plaintiff Children and Plaintiff Fathers at serious risk and in harm’s way:

  1. The risk of premature death of those who divorce and remarry increases by 40%.
  2. The risk of premature death of those who divorce and do not remarry increases by 120%.
  3. The risk of premature death of children whose parents divorced prior to their reaching age 21 increases by 44%.

Defendants could have and should have enacted responsible legislation in 1970 which was designed to ensure due process, to significantly reduce the divorce rate, and to save the 80,340 additional lives which have been lost due solely to rising increase in the rate of family breakdown. 45,584 Plaintiff Fathers, 15,522mothers, and 19,240 Plaintiff Children would still be alive today had it not been for this rapid increase in the rate of family breakdown. Defendants are directly responsible for enacting and enforcing an Act which increased the divorce rate, which is clearly harmful to Plaintiffs’ health.

A 70-year prospective study reported in the American Journal of Public Health and the American Psychologist reported that either the breakup of one's own marriage or the divorce of one's parents reduces the average life span of both Plaintiff Fathers and Plaintiff Children. This study is based on a group of 1,500 gifted children studied throughout their lifetimes. It revealed that divorce is as hazardous to one’s health as smoking tobacco, which has received widely publicized federal protection. Men and women who at some point in time experience a divorce, even if they remarry, have a 40 percent greater risk of premature death than those who are steadily married. Those who do not remarry fare even worse--remaining divorced or separated increases the likelihood of earlier death by 120 percent. Among women, the risk jumps 80 percent. When parental divorce occurs before the children reached age 21, the children's risk of mortality increases by 44 percent. Children whose parents divorce are more likely to experience marital breakup themselves, but after controlling for the dissolution of one's own marriage, parental divorce during one's childhood is still a significant predicator of premature mortality. Assuring that families stay together "for the children's sake", or acting "in the best interests of the children", was something that could not have been too serious a concern by Defendants when they enacted the Family Law Act.

Dr. David B. Larson, president of the National Institute for Healthcare Research (NIHR) in Rockville, MD, confirmed this phenomena in another report regarding the impact of divorce on health. Dr. Larson found that divorced people were more likely to be afflicted with terminal cancer, three times more likely to commit suicide, and among men, twice as likely to die prematurely from cardiovascular disease, than their married counterparts. Divorced men who don’t smoke have only a slightly lower risk of dying from cancer than married men who smoke a pack of cigarettes a day.

The negative outcomes associated with growing up in a broken home could have been offset by religious faith had Defendants not violated the First Amendment protection to "free exercise [of religion]" described in Causes of Action Five through Eight. Dr. Larson of NIHR, Patrick Fagan of the Heritage Foundation, and numerous others report that religious commitment decreases the likelihood of divorce and increases longevity.

Numerous other studies have confirmed this positive relationship between religious commitment and increased longevity. A study of an elderly population published in the American Journal of Epidemiology found that the less religious had mortality levels twice as high as those of the more religious--even after controlling for age, marital status, education, race, gender, the person's health, and previous hospitalizations. Moreover, according to a 10-year follow-up of 2,700 persons in another epidemiological health study, increased church attendance was the only social factor that effectively decreased mortality rates in women.

The threat of the premature mortality of Plaintiffs should have been foremost in the minds of Defendants, and the clear evidence and expectation that divorce shortens the lives of Plaintiff Children should have discouraged them from enacting and enforcing the Family Law Act.

 

80,340 Lives Have Been Lost to the Family Law Act Since 1972

Increased Mortalities Due to Divorce

Fathers

Mothers

Children

Total

Mortality Rate per 100K Population For Average 25-44 Year Olds

269.8

114.8

192

 

Total Currently Affected by Divorce in California

2,600,000

(650,000 Remarried,

1,950,000 Not remarried)

2,600,000

3,500,000

8,700,000

Post-divorce Mortality Rate per 100K Pop.

Remarried=377

Unmarried=593

165

276

 

Increase in Annual Deaths Related Only to Divorce

Remarried=701/year

Unmarried=6,312/year

2,389/year

2,958/year

12,360/year

Increase in Deaths Related Only to Divorce Since 1972

Remarried=9,113

Unmarried=82,056

31,044

38,480

160,680

Increase in Annual Deaths Related Only to Family Law Act

Remarried=350/year

Unmarried=3,156/year

1,194/year

1,480/year

6,180/year

Total Deaths Related Only to Family Law Act Since 1972

Remarried=4,556

Unmarried=41,028

15,522

19,240

80,340

The process by which the Family Law Act undermined and continues to undermine family unity is exemplified in a report from Lynda, wife of Larry, in Texas:

On my own I made some phone calls just to see what I could find out.

Needless to say It all sickened me.I made calls to several different lawyers just for curiosity. Every singleone of them was More than willing to take my case and file my divorce from Larry.

NOT ONE of them would see us BOTH and discuss terms and agreementsopenly! Every single one of them said "Parents don't know what is best fortheir children and the court is set up to ensure the Child is taken careof". I stated to a few, that I am disabled, and it would be best if Larry

were to obtain custody of our son, NOT ONE would set up an appointment under that

condition. Not ONE would set up support payments between us, it HAD to go

through the child support registry. Basically what I learned was, even IF a

mother TRIES to be fair during a divorce the Lawyers and COURTS wont allow

her to "stupidly" keep the father actively involved. Since I was just

fishing for the feel and NOT seeking a divorce I was sickened by this, I

cannot see myself being any different in my beliefs even if Larry and I were

to get a divorce. Women don't have to be vindictive--the lawyers and the

courts do it for her. If she gets sucked into the trend its 3 against ONE.

I Know I want to CHANGE this, and this disability is starting to tick me off

with my limited activities.

Now that is just that portion of what I have been finding out. Believe me

the rest sickens me just as much. I have been told by NUMEROUS agencies I

have contacted seeking help because I am disabled that BECAUSE I AM MARRIED

I do NOT QUALIFY. Social Security Disability HAS ALSO told me because I AM

MARRIED I am NOT entitled to benefits.

Our 4 year old son, CANNOT attend PRE K this Fall because #1 HE SPEAKS

ENGLISH, and (you guessed it) #2 I'm married, therefore he doesn't qualify as

an underprivileged child. He does NOT qualify for the HEAD START program

either, Larry managed to make a bit more that $13,000 last year and of

course since we are MARRIED we don't qualify.

Yet, if the state were to visit my home and view my limitations we could

lose our son to THEM because I'm disabled, YET I DO NOT qualify for any HELP!

Every single place I have contacted in the last few months have ALL stated

because I AM MARRIED, I am NOT entitled for HELP.. THIS COUNTRY ENCOURAGES

DIVORCE! I have yet to find anyone willing to help BECAUSE I CHOOSE to keep

my family INTACT! They rake it in by screwing BOTH parties during the

divorce proceedings. Of course, its VERY attractive to MOM--she gets it ALL,

dad gets the shaft, but the FAMILY is RUINED. Gotta Love that "best interest

of the children".

Just thought I'd share this with you and let you know I am still here.

Lynda

Defendants know or should have known that divorce is a public health issue as serious as or more serious than smoking tobacco. Plaintiffs demand that Defendants be held jointly, severally, and personally accountable for their devastating role in increasing the divorce mortality rates of both Plaintiff Fathers and Plaintiff children, a violation of federal law.

 

 

SIXTEENTH CAUSE OF ACTION -- Defendants Deny Plaintiffs God-given Rights By Applying "Absolute Judicial Immunity" to Themselves

The separation of the three powers of government--legislative, judicial, and executive--is guaranteed by the Constitution precisely to prevent the abuse of government power under which Plaintiffs suffer. Congress (the Legislative branch of government) passed the 1866 and 1871 Civil Rights Acts specifically to deprive all state officials of any immunity from suit. To date there has never been a modification by Congress or a ratification to change any Constitutional provision, either in the Constitution for the United States of America or any State Constitutions, which ever gave judges or any other state public official any immunities whatsoever. Defendants, through the judicial branch of government, used "case law" like the following to supersede this law properly established by Congress, a violation of federal law regarding separation of the powers of government.

The language and purpose of the civil rights acts, are inconsistent with the application of common law notions of official immunity. . . Jacobsen v. Henne, 335 F.2d 129, 133 (U.S. Ct. App. 2nd Circ. - 1966) Also see" Anderson v. Nosser, 428 F.2d 183 (U.S. Ct. App. 5th Circ. - 1971)

Jacobsen v. Henne, however, is inconsistent with other notions of common law:

Government immunity violates the common law maxim that everyone shall have remedy for an injury done to his person or property. Fireman's Ins. Co. of Newark, N.J. v. Washburn County, 2 Wis.2d 214, 85 N.W.2d 840 (1957)

And it is inconsistent with other mainstream views of the spirit and intent of Congress:

Governmental immunity is not a defense under (42 USC 1983) making liable every person who under color of state law deprives another person of his civil rights. Westberry v. Fisher, 309 F.Supp. 95 (District Ct.- of Maine – 1970)

 

UNITED STATES CODE, TITLE 42, SECTION 1983.

Every person who, under color of any statute ordinance, regulation, custom, or by usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. EVERY PERSON SHALL BE LIABLE IN AN ACTION AT LAW SUIT IN EQUITY N0 EXCLUSION FOR JUDGES BY ANY ACT OF CONGRESS.

 

UNITED STATES CODE, TITLE 42, SECTION 1985

If two or more persons . . . conspire. . for the purpose of depriving. . .any person. . . of the equal protection of the laws . . . the party so injured or deprived may have an action for the recovery of damages . . . RECOVERY OF DAMAGES AGAINST ANY ONE OR MORE OF THE CONSPIRATORS, N0 EXCLUSION FOR JUDGES BY ANY ACT OF CONGRESS.

 

UNITED STATES CODE, TITLE 42, SECTION 1986.

Every person who, having knowledge that any of the wrongs . . . are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do . . . shall be liable . . . EVERY PERSON SHALL BE LIABLE FOR ALL DAMAGES. NO EXCLUSION FOR JUDGES BY ANY ACT OF CONGRESS.

 

UNITED STATES CODE, TITLE 42, SECTION 1988

"When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is bound to obey it." State v. Sutton, 63 Minn. 147 65 NW 262 30 ALR 660. Also see (Watson v. Memphis, 375 US 526; 10 L Ed 529; 83 S.Ct. 1314)

PLAINTIFFS CONTEND THAT JUDGES NEVER HAD ABSOLUTE OR QUALIFIED IMMUNITY UNDER COMMON LAW--DEFENDANTS HAVE NO IMMUNITY FROM SUIT. Plaintiffs demand Declaratory Relief under 28 U.S.C. 2201, 2202 defining whether or not the named Defendants have any immunity at all since they are creatures of the legislative (Senate) appointment and confirmation process. Since judges are confirmed by the political process they fall under the purview of WE THE PEOPLE and are under our will. WE THE PEOPLE were and are represented by our public servants in Congress. Congress passed the 1866 and 1871 Civil Rights Acts specifically to deprive all state officials any immunity from suit. To date there has never been a modification by Congress or a ratification to change any Constitutional provision, either in the Constitution for the United States of America or any State Constitutions, which ever gave judges or any other state public official any immunities whatsoever.

We now have a constitutional issue to be decided by the Federal courts because of the conflict of interest by the state. State judges are empowered by the state Legislative process. The people never gave judges any judicial immunity and it is so stated in the State Constitutions. Defendants have claimed immunity as judges from liability for damages for acts committed within their judicial jurisdiction. They have cited their alleged immunities under common law doctrines that date back to old England and English common law. Defendants have cited numerous U.S. Supreme Court cases to support that their hypothesis of absolute immunity applies to suits brought under the Civil Rights Acts of 1871 (42 U.S.C. 1983). Defendants contend they must be free to act upon their own convictions in the proper administration of justice without apprehension of the consequences. They further contend that the immunity is intended to provide judges with "maximum ability to act fearlessly and impartially without an atmosphere of intimidation or harassment". They have abused their own power by using this as an excuse to continue to act fearlessly to intimidate and harass a significant percentage of California Residents, denying them constitutional and God-given rights.

Defendants have cited Pierson v. Ray, 386 U.S. 547 (1967) as their source for their absolute immunity. Defendants have cited that Pierson states that judges should not be burdened with the fear of litigants "hounding" them with litigation charging malice or corruption. The U S Supreme Court was in major error with regard to the Pierson case and it took it upon itself, as a Super-Legislative body, in an unlawful manner, to reword the meaning of the enacted Civil Rights law. The Supreme Court misconstrued that if Congress had intended to abolish judicial immunity, it would have specifically so provided, had it wished to abolish the doctrine of judicial immunity. The Supreme Court, in its continuance of covering up for the unlawful actions of judges, plainly rewrote the laws of this United States by trying to remove the parts of the Civil Rights Laws that allowed recovery to a person injured by the ruling of a judge acting for personal gain or out of personal motives.

This unfounded misinterpretation is nothing more than an illusion and a distortion of the true spoken meaning of the 42nd Congress in the year 1871. For any Court to change the words or meaning of a Congressionally Enacted Statute is beyond the jurisdiction of such a Court, and any such Court findings should be ignored as blatantly unconstitutional. Therefore, no future Court should give credibility to an improper act of a prior Court. Congress makes laws and only Congress can change their enacted laws.

In Pierson, at page 386 U S 562, the following is stated by the Supreme Court in a misleading manner, leaving out key and important words:

"Hitherto...no judge or court has been held liable, civilly or criminally, for judicial acts...Under the provisions of [Section 1] every judge in the State court... will enter upon and pursue the call of official duty with the sword of Damocles suspended over him..."

But the full statement to the above has a considerably different sense than this abbreviated version:

"Hitherto, in all the history of this country and of England, no judge of court has been held liable, civilly or criminally, for judicial acts, and not the ministerial agents of the law have been covered by the same aegis of exemption. Willfulness and corruption in error alone created a liability; and the judiciary has always remained in justice and equity, in intellect and learning, in freedom and in courage, far, far uplifted above the turmoils, the passions, and the vicissitudes of parties and partisan creeds, the central orb of the highest civilizations, and the sheet anchor of law and order. But no tribunal is sacred in the eye of existing usurpation, and every character, however excellent, must go down under the baleful progress of despotic power. Under the provisions of this section, every judge in the State court and every other officer thereof, great or small will enter upon and pursue the call of official duty with the sword of Damocles suspended over him by a silken thread, and bent upon him the scowl of unbridled power, the forerunner of the impending wrath, which is gathering itself to burst upon its victims", Globe 42nd Congress, 1st Session, March 31, 1866.

The wording of the Civil Rights Act of 1871 was given much time and effort, along with sufficient learned knowledge and understanding as to the impact upon the State judicial system and its judges and other officials along with the input of the Congressional Judiciary Committee. After due deliberation and with forethought of intention pertaining to the nature of the bill, the Civil Rights Act of 1871 was enacted by Congress on April 20, 1871. The basic words of "Every Person and All Persons" were well considered and used to intentionally include any judge that "knowingly and willfully deprived any person of his Constitutional Rights under color of law". Congress had sound reason to include judges, as by experience in the past it was learned that whenever any person or group of persons is held above and beyond the laws, those persons abuse the laws to the prejudice of the people of the nation.

The 42nd congress in 1871 knew precisely that judges had openly deprived persons of this nation of their Constitutional Rights in the past, and therefore, Congress knowing that State Judiciaries did and would continue depriving Rights, provided the words "Every Person" in the Act so that anyone suffering deprivations of rights had redress in the Federal Courts. The understanding and meaning of the 1871 Civil Rights Act could not have been made more clear.

Plaintiffs are unaware that Congress ever abolished the 1866 or 1871 Civil Rights Acts, or has ever amended it. Moreover, judicial immunity evolved in England and in the early 17th Century Sir Edward Coke in Floyd and Barker, 77 Eng. Rep. 1305 (Star Chamber 1607) and The Case of the Marshalsea, 77 Eng. Rep. 1027 (Star Chamber 1612), laid the foundation for the doctrine of judicial immunity. Coke established requirements for its application, restricting immunity to judicial acts made within the judge's jurisdiction. In addition, he set forth a policy underlying the doctrine:

    1. Insuring the finality of judgment;
    2. Protecting judicial independence;
    3. Avoiding continuous attacks on sincere and conscientious judges;
    4. Maintaining respect for the judiciary and the government.

None of the four policy issues applies to judges anymore because:

    1. State court judges are on a rotating basis and cannot bring a case to finality. Cases have become proverbial "political footballs" as a result, and they look far from being over;
    2. There is no judicial independence because judges are political creatures controlled by the Legislature (Senate) and the whim of the political party that puts them in office, and are thus affected by special interest groups;
    3. There are few if any sincere or conscientious judges.
    4. The judiciary now acts like the Star-Chamber courts of 1641.

During the time of Coke, the Star-Chamber courts came to symbolize the civilized world's greatest denial of basic individual rights. It became so corrupt, oppressive and violative of individual rights that it was abolished. The Star-Chamber embodied swiftness and power, however, it was not a competitor of common law which the Constitution for the United States of America and the laws of the State of California are based on, so much as it is a limitation on the rights of the people. The Star-Chamber adopted a practice of forcing counsel upon an unwilling defendant. In most cases, counsel was politically correct to the Star-Chamber's jurisdiction and rulings, whether right or wrong. The defendant's answer to an indictment was not accepted unless it was signed by counsel.

Because the Star-Chamber was a mixture of judicial and executive power, it specialized in trying "political" cases, which have great similarity to many of the Plaintiffs' cases. They are deprived of their right to a relationship with their natural children, in violation of fundamental, unalienable First Amendment rights to associate and freedom of religion, not for justifiable means, but for political gains. Given the politically correct hysteria surrounding custody and visitation enforcement, political agendas have taken precedence over Constitutional rights.

Plaintiffs attempts to assert their rights to custody and care of and association with their own natural children results in deprivations of that right, castigation for trying to assert God-given rights, and then being told they "are not cooperating", a mind set that is reminiscent of the 1950's and 1960's Stalinist Soviet Union. They are held in contempt and threatened with a myriad of sanctions, including imprisonment, if assertion of these rights continues. Star-Chamber proceedings are the antithesis of fundamental and basic human rights and as such were abolished in 1641 under the revolutionary government of that time. Today, the unlawful Star-Chamber has been resurrected by the Family Law Act. Defendants, being sued by Plaintiffs, did exactly what the Star-Chambers did--acted without jurisdiction but usurped it anyway, depriving Plaintiffs of a father-child relationship, without ever articulating, demonstrating, or proving that a compelling state interest existed.

Defendants took an Oath to Uphold and Defend the U.S. Constitution and the Laws of the United States, 28 U.S.C. 453 (a) and (b). Based on this, immunity doctrine for judges is an artificial judge-created law/fiction and was never lawfully established by any lawful government through the normal procedures. Based on when the doctrine of judicial immunity was established--during the Star-Chamber era--Defendants must question if immunity is at all lawful. Star-Chamber proceedings were the most corrupt, oppressive and tyrannical form of injustice in the history of the world. To establish the doctrine of judicial immunity from this proven disaster is to say that our present judicial system and the Family Law Act is the progeny of the Star-Chamber. If Defendants must hide behind this purported judicial immunity to be able to remain free from fear of intimidation or harassment, without taking responsibility for the magnitude of their errors, then the judicial system of this nation has failed and Plaintiffs have no choice but to demand total accountability for the judiciary at all times. Plaintiffs, to assure that they meet responsibilities commensurate to their authority, must demand damages from each of them in their individual capacities.

State court Judge G. Michael Hocking of Michigan's 56th Circuit Court was sued and lost. Judge Hocking ordered an attorney jailed for contempt when she argued against his unlawful conduct in a custody and visitation matter. The attorney was literally dragged from the courtroom where deputies beat her. She sustained brain damage from the assault. Her client, the father involved in the visitation dispute protested the action. At one point the Judge ran from the Courtroom, instructed his deputies to seize the father, search him at gunpoint and expel him from the courthouse. The father and attorney filed separate 42 U.S.C. 1983 actions. On June 23rd, 1995 Judge Richard A. Enslen of the U.S. District Court for the Western District of Michigan entered a directed verdict against Judge Hocking on First, Fourth and Fourteenth Amendment claims. The jury found against Hocking and awarded the attorney and the father money damages.

Plaintiffs, time and again, without committing a crime, and merely in pursuit of these vital Constitutional and God-given rights, have been harassed by Defendants, including but not limited to threats of bodily harm, having Defendants threatening Plaintiffs with contempt, intimidation by Sheriff's officers menacing Plaintiffs, and the threat of physical incarceration. Prohibiting a mere assertion of fundamental rights in the courtroom is contrary to the Oaths the Defendants took to God to defend the Constitution.

DEFENDANTS VIOLATED THEIR CONSTITUTIONAL OATHS TO UPHOLD AND DEFEND THE CONSTITUTION FOR THE UNITED STATES OF AMERICA BY DENYING PLAINTIFFS THEIR FUNDAMENTAL CONSTITUTIONAL RIGHTS. Defendants took an Oath to Uphold and Defend the Constitution of the United States of pursuant to 4 U.S.C. 101 and 102. Plaintiffs, being WE THE PEOPLE, assert and maintain that the aforementioned denials of effective assistance of counsel, failure to enforce existing laws that are on the books and are clearly established law, and failure to provide Due Process to plaintiffs amounts to Defendants failing to perform their duties under the Oaths that they took. Those Oaths specifically were employed to protect the people and as a result of Defendants' actions, commissions and/or omissions, violated Plaintiffs' fundamental rights, when they violated their own Oaths.

Denying basic fundamental rights to substantive as well as procedural due process and equal protection under the laws, starting with denial of effective assistance of counsel and being forced/coerced into an adverse relationship with their own biological children, is in violation of the Family Law Act itself. Violating Plaintiff s' Substantive and fundamental rights is in violation of 18 U.S.C. 241 and 242 and 371, Aiding and abetting Plaintiffs' former wives by depriving the minor children and Plaintiffs of a Constitutionally protected, substantive, fundamental, God-given right is a serious violation of Plaintiffs' religious beliefs and training. These criminal actions by state judge actors give rise to further federal criminal acts under 18 U.S.C. 4, 18 U.S.C. 2382 and 2383. Defendants caused and allowed criminal behavior which deprived Plaintiff Fathers of all rights, caused Plaintiff Children to be deprived of all of their rights, and interfered with the sacred religious relationship between father and child established by God.

Since Defendants have always contended that they were acting under State law, they became state actors. Defendants are being sued for violating Plaintiffs' fundamentally protected unalienable substantive rights, in their individual capacities.

Plaintiff Fathers have been unlawfully denied and deprived of their Plaintiff Children for a myriad of unacceptable and mostly false reasons. Plaintiffs have a number of fact and law issues that must be put before a jury. Defendants are guilty of violating Plaintiffs' constitutionally protected rights pursuant to 18 U.S.C. 241 and 242. Plaintiffs demand damages from Defendants on the basis of their criminal actions and demand that they also be charged and indicted for their crimes against God and humanity.

The vested right to act as a judge who has sworn to an oath to uphold and defend the Constitution and adjudicate all matters fairly and to act "under color of law", does not grant a judge to act as an "outlaw". Defendants leave out the important aspect to the accountability of judges which is that they are politically appointed creatures. The doctrine of absolute immunity is improperly situated when it allows judges to render decisions without fear of consequences, especially since judges are legislative, political creatures who are influenced by the political party to which they honor and to the special interest groups that may affect that political party. In citing the Pierson decision by the U.S. Supreme Court, defendants try to persuade that a judge who errs, or acts maliciously or corruptly, can be corrected in appeal. Given the costs of appeal in this country, only the rich can afford that luxury. The majority of Plaintiff Fathers are forced, against their will, to live with improper, erroneous, malicious, corrupt-ridden, and biased orders of Defendants that have no bearing on the law or equity. They are based on the anti-father and anti-family bias of the Family Law Act, coupled with a particular judge or judges' personal prejudices. Furthermore, all of the judges in positions of review are political creatures as well and are basically above the law and allow personal prejudices to permeate the system.

Judges are supposed to be the "supreme law givers", and that is why judges have to be held to the highest accountability of all state actors. Judges who violate the Constitutions and laws of the United States of America lose all immunity from civil suit as well as criminal action. Defendants had and continue to have no right and no compelling state interest, unless in the rare cases of substantiated criminal child abuse, to interfere with Plaintiffs' religious rights to raise their children/family and rights to association and privacy in the care, companionship and nurturing of their children.

Plaintiffs note the fact that there are federal rules & laws regarding suing judges for violations of constitutional rights, which is proof enough that it occurs. Plaintiffs further note that phrases like "an error of law" are used when the law is not in error, but when the judge's ruling\order or decision is "in error of the law" or of "case law". This effectively obscures the fact that a judge's ruling is contrary to or in opposition to the law, setting dangerous and misleading precedents. Plaintiffs further note that the singling out of an individual for legislatively prescribed punishment constitutes a "bill of attainder".

The Family Law Act could not be enforced, and Plaintiffs' Constitutional rights could not be denied, if Defendants were held personally liable for their role in allowing unconstitutional rulings to go forth. The California taxpayer has already suffered enough at the hands of Defendants. This court has the obligation, the authority, and the power, to restore vital Constitutional principles by holding Defendants personally responsible for their illegal, unconstitutional, immoral, ungodly, anti-social, and/or counterproductive acts.

 

SEVENTEENTH CAUSE OF ACTION--Defendants, By and Through the Family Law Act, Deny Plaintiffs "equal protection" Afforded by the Fourteenth Amendment

Plaintiffs are aware of the conflict which exists between the First Amendment right to free exercise of religion and the Fourteenth Amendment right to "equal protection" which has been responsible for much recent case law. Attempts through the Family Law Act and by many recent court rulings to replace vital Christian principles with "gender equality" principles has, in the opinions of Plaintiffs, been sheer disaster. The voluminous statistical evidence cited herein regarding the breakdown of the family, rising crime and incarceration rates, immoral behavior, economic malaise, and high tax rates is evidence enough that the original "Bill of Rights" should not be so easily dismissed. If this court does give "equal protection" a higher priority than free exercise of religion, then the gender-biased manner in which the Family Law Act has removed "equal protection" from fatherhood renders the entire Family Law Act unconstitutional on this basis alone.

The sanctity of the God-given concept of marriage is embodied in these following references from the Holy Bible:

  1. To the woman he said, "I will greatly increase your pains in childbearing; with pain you will give birth to children. Your desire will be for your husband, and he will rule over you.",  Genesis 3:16
  2. The husband is supreme over his wife, and God is supreme over Christ, 1 Corinthians 11:3
  3. For the husband is the head of the wife as Christ is head of the church, his body, of which he is the savior, Ephesians 5:23
  4. Wives, submit yourself to your husbands, for that is what you should do as Christians. Husbands, love your wives, and do not be harsh with them, Colossians 3:18
  5. As in all the churches of God's people, the women should keep quiet in church meetings. They are not allowed to speak; as the Jewish law says, they must not be in charge. If they want to find out about something, they should ask their husbands at home. It is a disgraceful thing for a woman to speak in a church meeting, 1Corinthians 14:35
  6. A married woman ... is bound by the law to her husband as long as he lives..., Romans 7:2
  7. Wives must submit themselves completely to their husbands just as the church submits itself to Christ, Ephesians 5:24
  8. How hard it is to find a capable wife; she is worth far more than jewels, Proverbs 31:10
  9. Let not the wife depart from her husband; but and if she depart, let her remain unmarried, or be reconciled to her husband; and let not the husband put away his wife, 1 Corinthian 7:10
  10. ... you wives should be obedient to your husbands, 1 Peter 3
  11. You husbands, also, in living with your wives you must recognize that they are the weaker sex. So you must treat them with respect, because they will also receive, together with you, God's gift of life, 1 Peter 3:7
  12. ... in order to train the younger women to love their husbands and children, to be self-controlled and pure, and to be good housewives, who obey their husbands, so that no one will speak evil of the message from God, Titus 2:4
  13. During instruction, a woman should be quiet and respectful. I give no permission for a woman to teach or have authority over a man, 1 Timothy 2:11
  14. Nor was man created for woman's sake, but woman was created for man's sake, 1 Corinthians 11:9
  15. My son, hear the instructions of thy father, and forget not the law of thine mother, Proverbs 1:8
  16. As the law of Moses prescribes, they were given the same punishment as they had schemed to inflict [adultery] on their neighbor. They were put to death, Daniel 13:62
  17. A bastard shall not enter into the congregation of the Lord, even to his 10th generation, Deuteronomy 23:2
  18. ... false teachers will appear amoung you... [to] bring in destructive untrue doctrines ... and they will bring upon themselves sudden destruction ... They want to look for nothing but the chance to commit adultery, 2 Peter 2:1
  19. Even if you do not commit adultery, you have become a lawbreaker if you commit murder, James 2:11
  20. If there is a man who lies with a male ..., they shall be put to death, Leviticus 20:13
  21. Some of them go into people's houses and gain control over weak women who are burdened by the guilt of their sins and driven by all kinds of desires, women who are always trying to learn but who can never come to know the truth, 2 Timothy 3:8
  22. In our law Moses commanded that [adulteresses] must be stoned to death, John 8:5
  23. Does this mean that we do away with the law by this faith? No, not at all; instead we uphold the law, Romans 3:31
  24. He will turn the hearts of the fathers to their children, and the hearts of the children to their fathers...or else I will come and strike the land with a curse, Malachi 4:6
  25. Jesus said "keep the Commandments ... do not commit adultery, Matthew 9:18
  26. And it is easier for heaven and earth to pass, than one tittle of the law to fail, Luke 16:17
  27. He [Asa, King of Judah 911-870 BC] even deprived his grandmother Maacah of the dignity of a 'great lady' for having made an obscenity for Asherah; Asa cut down her obscenity and burnt it in the ravine of the Kidron, 1 Kings 15:13
  28. ... let fear of the Lord govern you [judges]; be careful what you do, for our Lord God will not tolerate malpractice, partiality, or the taking of bribes, 2 Chronicles 19

The limitation of both voluntary and involuntary parenthood only to the male gender is gender-biased and is thus constitutionally barred on both grounds: 1) free exercise of religion, and 2) "equal protection". The extensive case law cited above establishes a fatal constitutional flaw in involuntary fatherhood, and the Bible describes the only known social system which allows responsible voluntary fatherhood.

Females in this country have a well-defined right of reproductive privacy to choose when and with whom to have a child. With this Equal Protection Clause of the 14th Amendment, if the Constitution is held to guarantee a specific right for one gender, then the same right must be recognized for both genders. Since females have a fundamental right to control their own parenthood, then the same right equally exists and must be equally recognized for males. The net effect of case law is that state statutory schemes that perpetuate rigid gender role limitations or that provide for differential treatment in distributing benefits and burdens for either males or females always fail to survive scrutiny. Even more, the state's active penalization in paternity suits of one gender because of the actions of the other gender especially evokes an Equal Protection bar.

When a state statute or state action under color of statute effects a different treatment on the basis of gender, a heightened scrutiny is applied. Even though heightened scrutiny is a lower level of scrutiny than strict scrutiny, in actual practice the U.S. Supreme Court has not allowed a gender-based statute to penalize one gender for the benefit of the other since 1973. Even when a gender-based statute merely supports a benign, compensatory purpose, the Court applies the same scrutiny that it does to disadvantaging classifications.

A gender-based statute is not justified even by a generalization that has some basis in biology Los Angeles Dept. of Water & Power v. Manhart, 435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978); Arizona Governing Committee v. Norris, 463 U.S. 1073, 103 S.Ct. 3492, 77 L.Ed.2d 1236 (1983). The Court has specifically rejected the notion that a gender-discriminatory law regarding illegitimate children can be justified "by a fundamental difference between maternal and paternal relations that 'a natural mother . . . bears a closer relationship with her child . . . than a father does"' Caban v. Mohammed, 441 U.S. 380 at 388, 99 S.Ct. 1760 at 1766 (1979)(citing transcript of oral argument); Just as the Court has rejected a law that presumes that unmarried males are always unsuitable or neglectful parents unless they can prove otherwise. Certainly, no state classification by gender can have a purpose of merely limiting welfare costs Memorial Hospital v. Maricopa County, 415 U.S. 250, 254-55, 94 S.Ct. 1076, 1080, 39 L.Ed.2d 306 (1974); Shapiro v. Thompson, 394 U.S. 618, 89 S.Ct. 1322, 22 L.Ed.2d 600 (1969), to furnish the state another means of encouraging support payments to out-of-wedlock children.

The controlling rule in gender discrimination cases is that the state may not establish classificatory schemes that perpetuate rigid, out-dated, archaic and overbroad notions of gender role limitations. As stated in Mississippi University for Women v. Hogan:

Our decisions also establish that the party seeking to uphold a statute that classifies individuals on the basis of their gender must carry the burden of showing an "exceedingly persuasive justification" for the classification. Kirchberg v. Feenstra, 450 U.S. 455, 461, 101 S.Ct. 1195, 1199, 67 L.Ed.2d 428 (1981); Personnel Administrator of Mass. V. Feeney, 442 U.S. 256, 273, 99 S.Ct. 2282, 2293, 60 L.Ed.2d 870 (1979) . . .

[T]he test for determining the validity of a gender-based classification . . . must be applied free of fixed notions concerning the roles and abilities of males and females. … Thus, if the statutory objective is to exclude or "protect" members of one gender because they are presumed to suffer from an inherent handicap or to be innately inferior, the objective itself is illegitimate.

[W]e consistently have emphasized that "the mere recitation of a benign, compensatory purpose is not an automatic shield which protects against any inquiry into the actual purposes underlying a statutory scheme." Weinberger v. Wiesenfeld, 420 U.S. 636, 648, 95 S.Ct. 1225, 1233, 43 L.Ed.2d 514 (1975). The same searching analysis must be made, regardless of whether the State's objective is to eliminate family controversy, Reed v. Reed . . . to achieve administrative efficiency, Frontiero v. Richardson . . . or to balance the burdens borne by males and females.

458 U.S. 718 at 724-29, 102 S.Ct. 3331 at 3336-38, 73 L.Ed.2d 1090 (1982)(full cits.omitted).

While a fundamental rights impairment evokes strict scrutiny, and while a discriminatory classification requires a heightened scrutiny, the case where a state statute or state action under color of statute involves both a fundamental rights impairment and a discriminatory classification evokes very strict scrutiny indeed: "In considering whether state legislation violates the Equal Protection Clause of the Fourteenth Amendment . . . classifications affecting fundamental rights . . . are given the most exacting scrutiny." Clark v. Jeter, 486 U.S. 456 at 461, 108 S.Ct. 1910 at 1914 (1988). Reynolds v. Sims, 377 U.S. 533, 561-62, 84 S.Ct. 1362, 1381 (1964); Harper v. Virginia State Board of Elections, 383 U.S. at 670, 86 S.Ct. at 1083 (1966)(full cits. Omitted); cf. Also Memorial Hospital v. Maricopa Co., 415 U.S. 250, 254-55, 94 S.Ct. 1076, 1080, 39 L.Ed.2d 306 (1974)(discrimination re: fundamental rights among classes of citizens unconstitutional under Equal Protection Clause)

U.S. Supreme Court case law has established the rule that the Equal Protection Clause equally protects the fundamental reproductive rights of both males and females. In Eisenstadt v. Baird 405 U.S. 438, 92 S.Ct. 1029, 31 L.Ed.2d 349 (1971), for example, the Court declared that treating similarly situated individuals unequally with a state statute infringing on reproductive choice is violative of the Equal Protection Clause. More recently, Planned Parenthood v. Casey reaffirmed "the scope of recognized protection accorded to the liberty relating to intimate relationships, the family, and decisions about whether or not to beget or bear a child" 112 S.Ct. at 2810 (emphasis added) and held that "[t]he Constitution protects individuals men and women alike, from unjustified state interference" with family choices and that "[t]he Constitution protects all individuals, male or female, married or unmarried, from the abuse of governmental power" in regard to decisions about family id., at 2830, 2831 (emphases added).

In its cases dealing specifically with male family privacy rights, the Supreme Court has consistently held that state law may not treat males differently from females in matters of parentage and family privacy. In Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972), for example, the Court stated that the state's interests in out-of-wedlock children does not preclude the family privacy rights that all citizens possess, whether male or female, married or unmarried. The state's concern for economic or administrative efficiency do not out-weigh a male's private interest in his constitutionally-protected family liberty id., 405 U.S. at 658, 92 S.Ct. at 1216.

Similarly, in Zablocki v. Redhail, 434 U.S. 374, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978), the Court held that a state statute that interfered with a male's fundamental rights to family privacy violated both the Due Process and Equal Protection Clauses of the 14th Amendment. The Court ruled that such a statute was not justified by state interests in furnishing the state another means of encouraging support payments or to protect children's welfare id., 434 U.S. at 388, 98 S.Ct. at 682; cf. Also Rivera v. Minnich, 483 U.S. 574 at 581, n.8, 107 S.Ct. 3001 at 3005, n.8, 97 L.Ed.2d 473 (1987). This rule was stated more broadly in Planned Parenthood v. Casey, where the Court held that the state cannot exceed its statutory authority in discriminating between genders in regard to fundamental reproductive and familial decisions even where the law is enacted for the supposed benefit of another id., 112 S.Ct. at 2831. Similarly, the federal Court of Appeals for the District of Columbia has held that even where the government shows a compelling interest in state actions regarding a father's association or non-association with his children, it nevertheless must resort to any available alternative solutions other than one that impairs his fundamental right to family privacy Franz v. U.S., 707 F2d 582, 602-603 (USCA, D.C., 1983).

A further consideration in cases involving equal protection of fundamental family privacy rights is that standards of scrutiny and constitutionality of statutes change in response to social, political and technological changes. In this regard, the U.S. Supreme Court has stated that

the Equal Protection Clause is not shackled to the political theory of a particular era. In determining what lines are unconstitutionally discriminatory, we have never been confined to historic notions of equality, any more than we have restricted due process to a fixed catalogue of what was at a given time deemed to be the limits of fundamental rights. See Malloy v. Hogan, 378 U.S. 1, 5-6, 84 S.Ct. 1489, 12 L.Ed.2d 653. Notions of what constitutes equal treatment for purposes of the Equal Protection Clause do change. This Court in 1896 held that laws providing for separate public facilities for white and Negro citizens did not deprive the latter of the equal protection and treatment that the Fourteenth Amendment commands. Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256. Seven of the eight Justices then sitting subscribed to the court's opinion, thus joining in expressions of what constituted unequal and discriminatory treatment that sound strange to a contemporary ear. [Yet] in 1954 . . . we repudiated the "separate-but-equal" doctrine of Plessy [in] Brown v. Board of Education . . .

Historically, paternity suits at one time served an important state interest in protecting women. Forty years ago, for example, an unwed mother had a harsh life indeed. At that time, no reliable birth control methods existed, women had few job opportunities, unwed mothers were badly stigmatized, and an extensive welfare system didn't exist. In the past three decades since Griswold and its progeny, however, women have gained an almost absolute control over their bodily reproductive functions and parenting decisions. No male, either a male gamete-donor, an alleged gamete-donor a husband, a father, or any other male associate or relative, may interfere with a female's right to reproductive privacy in deciding whether to conceive, bear or abort a pregnancy.

The male has no equivalent right under the Family Law Act, nor other recent court rulings, even though his contribution constitutes 50% of the ingredients necessary to create a child. The Holy Bible recognizes that his contribution is a mandatory prerequisite without which life could not go on, and that children should be raised by families and not governments. This restricted male legal freedom coupled with the increased female legal freedom has been compounded by broad developments in social attitudes. Vast social changes such as the influx of women into the work force, equal employment laws, the wide availability of day care, feminism, the sexual revolution, sex education in schools, and the acceptance of divorce, re-marriage, premarital relations and cohabitation, have all acted to give women essentially total control over conception, contraception, reproduction, child-bearing, parentage, and child-rearing. The net result of all this social, legal and technological change is that traditional gender roles have mostly disappeared: For example, 93.7% of all American adult, non-retired, non-institutionalized females work in jobs in the civilian labor force, which is actually slightly higher than the equivalent figure for adult males, 93.0% (U.S. Census Bureau, Statistical Abstracts of the U.S. 1992, Table No. 622, p. 389). Table No. 618, p. 387). This increase in sexual freedom for females and the corresponding decrease in sexual freedom for fatherhood has paralleled an increase in social breakdown: Sexual intercourse is now so common outside of marriage, for example, that virtually all Americans have premarital sex, and both American males and females have an average of 7.1 sexual partners in their lifetime (National Opinion Research Center, General Society Survey 1993, Univ. of Chicago). Both genders have an average frequency of intercourse of once a week and this frequency is approximately the same for both married and unmarried people Id. Under these circumstances as the Supreme Court said decades ago, "[i]t would be plainly unreasonable to . . . prescribe[ ] pregnancy and the birth of an unwanted child as punishment for fornication" Eisenstadt, supra, 405 U.S. at 448, 92 S.Ct. at 1036 (1972).

Furthermore, American women now have available to them the world's most advanced contraceptive technology. Twenty contraceptive methods for females are now in use: Foam, gel, jelly, cream, film and suppository spermicides, 35 types of oral contraceptive pills, vaginal pouches, douches, female condoms, contraceptive sponges, diaphragms, cervical caps, intrauterine devices (IUD's), tubal ligation, "morning after" pills, intrauterine hormone inserts, subcutaneous hormone implants (Norplant), intramuscular injected hormones (Depo-Provera), and hormone pills one can take at home to induce a miscarriage See Heath CB, Helping Patients Choose Appropriate Contraception, 48 Amer.Fam.Physician 1115 (1993). These methods of female contraceptive control are neither esoteric nor difficult. Of the 57.9 million American females of childbearing age, 29.7% are not fertile (most by tubal ligation), 36.7% use contraceptives, 19% are not sexually active, and only 6.5% are sexually active yet do not use contraception (Advance Data from Vital and Health Statistics, No. 182, cited in U.S. Bureau of the Census, Statistical Abstracts of the United States: 1992, 112th ea., Washington, D.C., 1992; p. 73). If a female in this country cannot afford this technology, family planning services and contraceptives are available at no cost through Medicaid at doctors' offices or at local health departments.

On the other hand, for those women who have difficulty conceiving a pregnancy, thousands of children have been born in the U.S. through in vivo fertilization, and tens of thousands of embryos have been frozen and stored for future use. Egg donation is routinely available nationwide at infertility clinics to provide fertilized eggs to implant into women whose own eggs are defective. Similarly, sperm banks are widely available for women who wish to have children without the involvement of a man. The use of surrogate mothers to carry the pregnancies of childless couples is both legal and widely used in this country. Current technology allows women to choose the gender of their children and some clinics routinely use these gender choice methods (Note, 344 The Lancet 251 (July 23, 1994)). In vivo implantation of donated ova now allows women in their 50's and 60's to bear children, even to have twins. Women can carry their own daughter's pregnancies when the daughter can’t bear a child, thus allowing women to give birth to their own grandchildren. A dead woman's eggs or frozen embryos can be implanted into another woman's uterus thus allowing a woman to become a mother after her death, and eggs can now be removed from aborted female fetuses and implanted into infertile women, such that a child can even be procreated from a mother who never lived. See generally Robertson J, Children of Choice: Freedom and the New Reproductive Technologies Princeton U. Press (1994).

The net effect of all these advances in reproductive technology is that American women now have essentially total control over the exercise of their reproductive rights. At the same time, none of this new technology increases reproductive freedom for men. If a man wishes to become a father, for example, he must first find a willing female and even then his choice remains under her control, even if she marries him. Conversely, if a man does not wish to be a genetic father, the only male contraceptive methods are condoms, which have a yearly failure rate of 12% to 18%, and vasectomy, which involves an invasive, permanent surgical procedure. By contrast, the most common female contraceptive method is birth control pills, which have a failure rate of less than 1% and can be started and stopped at will (Heath, supra).

Because modern women are not disproportionately burdened in their range of reproductive, parental, family and occupational choices, paternity suits attempt to balance a burden that no longer exists. The era when males were the sole providers of economic support by working outside the home and when females always remained in the home to raise the children has long since passed and will surely never return to American society. Paternity suits as a state-sponsored means of enforcing monetary transfer from males to unwed females make sense only under the belief that women are incapable of controlling their own child-bearing and are incapable of competing in the job marketplace. Such actions thus serve only to perpetuate archaic, outdated stereotypes of women as the "weaker" sex needing to be "protected"' and hence are unconstitutional under the Equal Protection Clause. City of Cleburne, Tex. V. Cleburne Living Center, Mississippi University for Women v. Hogan, Kirchberg v. Feenstra, Personnel Administrator of Mass. V. Feeney, Orr v. Orr, Califano v. Goldfarb, Califano v. Webster, Craig v. Boren, Weinberger v. Wiesenfeld, Schlesinger v. Ballard, Stanton v. Stanton, Frontiero v. Richardson, Reed v. Reed, supra.

Moreover, not only do women no longer need paternity suits to protect their reproductive rights, but paternity suits also conflict directly and overwhelmingly with men's own fundamental privacy rights. In contrast to women’s essentially total control over both biological and legal parenthood, men themselves, beyond the initial few minutes of fertilization, have at present no biological or legal control over parenthood at all. Under these circumstances, no compelling reason, or any other reason, exists for the state to allow females the ability to force parenthood on males. State statutes and practice that allow an unwed mother total control over the parenthood of a male, while the male himself has no control and no rights after conception, automatically invoke strict judicial scrutiny. For, while a female has a fundamental right to avoid biological or legal parenthood, by the same logic a male has the same fundamental right of parental, family, associational, marital, reproductive, procreative and personal privacy to avoid parenthood. In sum, because our legal system guarantees females this fundamental right to control their own parental destiny, under the Equal Protection Clause the state cannot erect a discriminatory class by not recognizing the same fundamental right for males Zablocki v. Redhail, supra; Stanley v. Illinois, supra; Planned Parenthood v. Casey, supra, 112 S.Ct. at 2830-31; Carey v. Population Services International, supra, 431 U.S. at 685-86, 97 S.Ct. at 2016; Eisenstadt v. Baird, supra, 405 U.S. at 453-455, 92 S.Ct. at 1038-1039; Davis v. Davis, 842 S.W.2d 588 at 603-604.

That paternity suits are unconstitutional is illustrated by assuming, arguendo, the opposite scenario: maternity suits. If a male could, under the laws and practices of the state, file a maternity suit to force a pregnant female to carry a pregnancy to term and be a mother, then the law regarding paternity suits would be logically consistent under Equal Protection. Yet because there is no legal authority or precedent that any female can be compelled to be a mother against her will, the injustice of forced motherhood is impossible in our legal system. Not only does case law give females total control both before and after conception over whether to give birth, but even after giving birth, a female has the right to either allow a declared father, her parents, or others to assume custody, or she can put the child up for adoption, or she can ask a social service agency to place the child in a foster home.

As the U.S. Supreme Court has stated in regard to illegitimate children, "the basic concept of our system [is] that legal burdens should bear some relationship to individual responsibility or wrongdoing." Weber v. Aetna Casualty & Surety Company, 406 U.S. 164, 175, 92 S.Ct. 1400, 1407, 31 L.Ed.2d 768 (l972), also cited in Mathews v. Lucas, 427 U.S. 495, 505, 96 S.Ct. 2755, 2762, 49 L.Ed.2d 651 (1976). To the extent that bearing and rearing a child is a burden, it is a burden that the female willingly chooses. In sum, declining to insure and compensate any female for her risks and her choices of pregnancy and childbirth constitutes no actionable or credible cause Geduldig v. Aiello, 417 U.S. 484, 94 S.Ct. 2485, 41 L.Ed.2d 256 (1974); Prosser & Keeton on The Law of Torts, p. 21f. (5th ea., 1984). The Family Law Act insists that a paternity defendant assume the financial burden of rearing the child of a woman who has not only fully exercised her reproductive rights, but has also attempted to deny the man his right to fatherhood as well as his own privacy rights, while at the same time compelling him to completely subsidize this denial. Such an attempt overwhelms the most basic common sense notions of responsibility, liability and fundamental fairness.

The state's active intervention in paternity suits solely along gender lines is even more blatantly unconstitutional. All 50 U.S. states have enacted paternity laws which detail extensive procedures by which the state can prosecute one gender on behalf of the other gender. These laws are written and enforced in such a way that males are actively discriminated against both in the process of establishing paternity and in enforcing monetary judgment. The net result is a prevasive, overwhelming state discrimination based solely on gender.

The U.S. Supreme Court has ruled specifically and definitively that the state's interest in establishing paternity of illegitimate children does not justify a gender-discriminatory legal process J.E.B. v. Alabama ex rel. T.B., 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994). The Court held that, like discrimination based on race, such discrimination of gender violates the Equal Protection Clause and harms litigants and the community by perpetuating invidious archaic and overbroad stereotypes about the relative abilities of males and females Id. 114 S.Ct. at 1427. It also results in an inevitable loss of confidence in the judicial system in that it "create[s] the impression that the judicial system has acquiesced in suppressing full participation by one gender or that the 'deck has been stacked' in favor of one side.'' Id. (citing Powers v. Ohio, 499 U.S. at 413, 111 S.Ct. at 1372).

Under these state paternity laws, once a female merely avers on a preprinted paper form with fill-in blanks that he is the gamete-donor to her out-of-wedlock child, the male defendant carries the entire burden of proving his innocence in an embarrassing public trial that he did not "father" an illegitimate pregnancy. Under California state practice, paternity "obligors" are typically burdened with proving their innocence in a fraudulent, invasive, and often threatening genetic test. In the alternative to a forced test, the male is subject to imprisonment until he does agree to the test, or else the rule of adverse inference is applied that presumes the test would show paternity if done, and he is declared the legal father anyway. The 5th and 14th Amendment objections to this process are obvious and overwhelming Schmerber v. California, 384 U.S. 757 at 766, n.9, 86 S.Ct. 1826 at 1833, n.9; South Dakota v. Neville, 459 U.S. 553 at 562-63, 103 S.Ct. 916 at 922, 74 L.Ed.2d 748 (1983). This guilt-until-innocence-is-proven presumption under the paternity statutes is otherwise unprecedented in American law. In any other civil matter, a party has only the burden of showing a preponderance of the evidence in order to prevail. Furthermore, this presumption under law that a female's word is more reliable than a male's is reminiscent of Jim Crow-type statutes that Blacks are not competent to give testimony in courts of law against whites.

Although the paternity statute, after the birth of an out-of-wedlock child, can in theory be applied to either gender, in practice the vast majority of state action under this law is directed against males. Of all custodial parents, for example, who live below the poverty level and to whom child support is awarded, only 5.2% are male (U.S. Bureau of the Census, Statistical Abstracts of the U.S. 1995, 115th ed., Washington, D.C., p. 391, Table No. 616).

In order for a male parent to obtain the protection of the child support laws, he has to finance a custody action, persuade a court to grant him custody, and then pursue a support action. As the state well knows, however, most males prosecuted under California state paternity law are not monied enough to afford counsel to fight even the initial paternity charge much less to obtain custody. Regardless, even if he were able to afford it, the fact that a male has available to him a legal remedy does not justify a gender discriminatory law which a priori deprives him of his fundamental family and associational privacy rights Stanley v. Illinois, 405 U.S. at 647-48, 92 S.Ct. at 1210-11; Zablocki v. Redhail, supra; Franz v. U.S., supra. In any other type of civil action to determine a duty of support to a minor, which are usually divorce actions, both custody and support issues are litigated and decided together. In the case of out-of-wedlock children, however, child support enforcement offices acting under color and authority of state law will assist females in obtaining money from alleged gamete-donors, yet will not assist a male either to fight a false donorship claim or to obtain custody if he does desire to be a father. Therefore, when applying California paternity law to cases of out-of-wedlock children, the state invariably discriminates against males.

The state's discrimination against males in paternity suits is designed solely to transfer financial liability for out-of-wedlock births from females onto males in order to offset the state's own welfare costs. U.S. Supreme Court case law, however, makes it clear that protection of the public fisc is not a compelling or even a legitimate reason to justify a fundamental rights impairment or to discriminate on the basis of gender. Frontiero v. Richardson, supra; Zablocki v. Redhail, supra; Reed v. Reed, supra; Stanley v. Illinois, supra. As the Court has stated, "we place no reliance on the State's interest in avoiding financial responsibility for children born out of wedlock . . . [T]he State's legitimate interest is in the fair and impartial adjudication of all civil disputes, including paternity proceedings. This interest is served by the State's independent judiciary, which presumably resolves these disputes unaffected by the State's interest in minimizing its welfare expenditures." Rivera v. Minnich, 483 U.S. 574, 581, n.8, 107 S.Ct. 3001, 3005, n.8, 97 L.Ed.2d 473 (1987).

In conclusion, because the U.S. Constitution guarantees females a fundamental right not to be forced into parenthood, males are cloaked equally with the same Constitutional protection. The California state paternity statutory schemes perpetuate rigid gender roles that have been long since outdated by modern social, legal and technological changes. Such laws always fail to survive scrutiny because they fail to serve a legitimate state interest and do not balance a disproportionate burden. Stated more broadly, these paternity statutes violate the fundamental rights of an entire class based on gender merely to protect the public fisc and are thus unconstitutional under strict scrutiny pursuant to the Equal Protection and Due Process Clauses of the 14th Amendment.

 

In addition, however, to the formidable and fatal constitutional bars to paternity suits cited above, paternity actions constitute extremely poor public policy. Because paternity suits encourage illegitimacy, the stated purpose of paternity laws of protecting the public fisc is not served since most paternity defendants are impoverished and the state ends up burdened with these children anyway. Such laws thus compound the very problem they are meant to help. The net result is a $5 trillion liability placed so far on the American tax-payers.

A much more humane and realistic reason for paternity suits than protecting the public fisc would be to help the children. While children’s' rights to a reasonable upbringing are not fundamental rights Stanton v. Stanton, 421 U.S. at 13, 95 S.Ct. at 1377, the state nevertheless has a legitimate interest in out-of-wedlock children’s' welfare Stanley v. Illinois, 405 U.S. at 652, 92 S.Ct. at 1213. Yet state paternity actions are not reasonably related even to this state interest in children’s' welfare. The state has many other reasonable ways to both help these children and protect the public fisc without violating anyone's rights.

Under our legal system, there is no constitutional right to welfare or to child support. Under the present California state paternity statutory scheme, however, females are reinforced for bearing children under the belief that they have no financial responsibility and are actually owed money for having these children. The net effect is that the very problem that the law is supposed to correct, namely impoverishment of out-of-wedlock children, is encouraged, and thus the illegitimacy rate is growing rapidly and the public fisc is being drained.

The vast majority of this payment is to unwed mothers, since in order to be eligible for AFDC/welfare, one must be a single, custodial parent. This figure for direct welfare payments does not include the much larger indirect costs for education, subsidized housing, food stamps, free medical care under Medicaid, energy assistance and surplus food allotments, does not account for fraud against the program, and does not include the costs of running this massive welfare system. The total cost to all local, state and the federal governments to subsidize illegitimacy is now well over $360 billion.

Another way of calculating the costs of this subsidy of out-of-wedlock childbearing is to consider that the minimum cost of raising a child born in 1990 to adulthood is $287,000 (Family Economics Research Group, US Dept.Agriculture, 1990). Additionally, children of fatherless households are at a severe social, emotional, educational, moral, religious, ungodly, and economic disadvantage relative to children of two-parent families. The resulting increased costs in education, imprisonment, crime, drug and alcohol abuse, etc., adds an additional economic burden to taxpayers of more than $1 Million over the life of that fatherless household. The 9.6 million children who are already on AFDC will add more than $12.355 Trillion to the existing $6 Trillion Public Debt--tripling the Public Debt--an amount equal to $53,851 for each of the 235 million non-welfare persons, or $138,045 for each of the 89.5 million working families. This subsidy of illegitimacy in the 30 years since the "War on Poverty" was launched in 1965 is almost $5 trillion, a major portion of the Public Debt.

Extensive statistical evidence indicates that paternity actions rarely help out-of-wedlock children. Of those enrolled in Aid to Families with Dependent Children (AFDC), for example, the government program that provides welfare, only 11.7% of the 7.4 million welfare mothers with children in 1993 collected any money at all from alleged male gamete-donors (U.S. Bureau of the Census, Statistical Abstract of the United States: 1995, 115th ea., Washington, D.C., 1995; p. 392; Table No. 618). Out of AFDC expenditures of $17.7 billion in 1993, only 12% or $2.1 Billion was collected from males to offset this amount (id.). The administrative expenses merely to collect these support payments cost approximately 25% of the total amount collected, leaving net paternity collections at $1.6 Billion (Statistical Abstracts of the U.S. 1992, p. 373; also, Dept. of Health and Human Services, 17th Annual Report to Congress on Child Support Enforcement, 1993).

The percentage of out-of-wedlock births has risen from 10.7% in 1970, to 17.8% in 1980, to almost 30% of all births in 1991 (id., p. 69; cf. Also Sen. Pat Moynihan, D-N.Y., Social Behavior and Health Care Costs, U.S. Senate Finance Committee, 1993), to a potential 35% today. The number of out-of-wedlock children living in poverty as AFDC recipients has increased rapidly every year since 1980 (Statistical Abstracts 1995, supra, pp. 392). In just 2 years for example, from 1991 to 1993, the percentage of AFDC child dependents increased almost 20%, from 8 million to 9.6 million (Id., p. 392; Table No. 618). This increase in out-of-wedlock impoverished children is in spite of the fact that paternity cases under the Child Support Enforcement Program increased over 285% in 13 years, from 144,000 in 1980 to 554,000 in 1993, Id. Paternity suits under state law have not stemmed the crisis of impoverished children, have not reduced their numbers, and have not protected the public fisc.

The state's actions under the Family Law Act are not reasonably tailored to help out-of-wedlock children in that the state doesn't attempt to determine if the female's living conditions, lifestyle, and background are compatible with the best interests of the child, or whether a declared father's or an adoptive or foster family's living conditions might be better suited. If paternity support statutes were truly written and enforced with the child's best interest in mind, then they would instantly be placed in the environment in which they would be less likely to go to prison by 8 times, to commit suicide by 5 times, to have behavioral problems by 20 times, to become rapists by 20 times, to run away by 32 times, to abuse chemical substances by 10 times, to drop out of high school by 9 times, to be seriously abused by 33 times, to be fatally abused by 73 times, and to be ten times more likely to get A's in school and to have a 72% higher standard of living. A voluntary declaration of paternity could be easily obtained from many of these biological fathers if they were immediately granted custody of their biological children. This would resolve much social pathology and assure the financial well-being of a huge number of fatherless children. Statements from fathers prove that most of the "child support money" currently paid to mothers does not ultimately benefit most children.

Programs of instruction and counseling of unwed welfare mothers are other state actions that could reasonably be expected to both help out-of-wedlock children and protect the public fisc. Instead of paying state attorneys to prosecute the male gender for being unwitting, unwilling or alleged sperm donors and then supporting a massive collection system to pursue them, the alternative strategy of paying teachers, social workers, psychologists and psychiatrists to counsel, educate and assist mothers of illegitimate children in job training, birth control, and child care would surely be less expensive and address the problem of illegitimacy much more directly. Public family planning services, for example, originally established by the federal Public Service Act of 1970 and subsidized under Title X and also Titles V and XX of the Social Security Act, allegedly prevents over 360,000 new welfare births each year (White D, MacCabe T, Uncertain future faces programs planned to cut unwanted pregnancy, 6 The Medical Herald S-11 (March, 1996)). At $1,287,000 to rear from birth to age 18, this program alone purportedly saves the economy over $463 billion each year. This is an amount which is 289 greater than total net paternity collections, and it doesn't violate fundamental rights.

Other public nonprosecutorial programs could reasonably be utilized by the state to teach these mothers home economics, first aid, sanitation, hygiene, cooking, job interview skills, communications skills and high school equivalency skills. They could be counseled on drug, alcohol and smoking abuse, parenting skills, civic responsibilities and duties, and the role of the family by the use of individual and group therapy, group discussions, role playing, videotapes, films, peer counseling, behavioral modification programs, performance contracts and token economies, among other techniques. Welfare mothers should be required to attend such classes before handing them a welfare check each month. Similarly, regular home inspections of their housing would do infinitely more than paternity actions to ensure that their children are provided safe, clean environments. Likewise, regular health care visits for routine check-ups, monitoring of height and weight growth rates, nutrition, immunizations and dental care would both help these children and protect the public fisc by lowering Medicaid costs for illness. These suggested administrative and legislative actions illustrate only a few of the viable avenues that the state has besides paternity suits to meet its interests in providing for out-of-wedlock children.

In the immediate last generation, i.e. before 1973, out-of-wedlock pregnancies frequently ruined young women's lives. Nowadays, while no woman has to be burdened with an out-of-wedlock pregnancy, the threat of forced fatherhood has become just as overwhelming. Forced fatherhood is as tragic as forced motherhood, and the children end up losing regardless. The fortunate difference is that, this time, forced fatherhood is not a biological imperative but is entirely a contrived side-effect of a state statutory scheme. The effect of the Family Law Act is to both force and deny fatherhood to Plaintiffs, which both constitutes poor public policy and violates the fundamental rights of a discriminatory class. It thus should properly be declared unconstitutional.

 

INJURY TO PLAINTIFFS

The loss of constitutional protection cannot be given a dollar value. The loss of one's family and children cannot be adequately described by the written word. The trauma associated with family breakdown cannot be fully understood by any one citizen. The most liberal estimate of the damages due directly to the Family Law Act cannot place a dollar value on the assassination of a President, 22 deaths in a mass shooting, teenagers gunning down fellow students, or the increased number of violent sex crimes, most or all of which are perpetrated by otherwise ordinary people who share one common trait--they grew up fatherless.

TOTAL DIRECT INJURIES TO PLAINTIFFS

Total Direct Injuries To Plaintiffs

Plaintiff Fathers

Plaintiff Children

Total

Lost Future Income, Ea

$340,400

552,000

$892,400

Increased Costs Directly Due to Divorce, Each

161,000

-

161,000

Number of Family Members Impacted

2,600,000

3,500,000

6,100,000

Total Long Term Economic Loss

$1,303 Billion

$1,932 Billion

$3,235 Billion

Lives Lost Due Only to Divorce Since 1972

91,169

38,480

129,649

Economic Loss Due Only to Family Law Act Since 1972

$651 Billion

$966 Billion

$1,617 Billion

Lives Lost Due Only to Family Law Act Since 1972

45,584

19,240

64,824

Injuries to Plaintiffs which can be reduced to hard cold numbers include their decreased average life expectancy, their reduced potential past and future incomes, and their portion of the increased costs to taxpayers resulting from the increased rate of family breakdown attributable directly to the Family Law Act. There is no chart to determine the cost to the Plaintiffs of the mental, physical, and emotional damages caused by Defendants destruction of the father/child relationship that Plaintiff Fathers and Plaintiff Children will suffer over the remaining portion of their life’s. Amounts are determined considering the following facts:

A. The median age of Plaintiff Fathers is 35 years old and they can reasonably be expected to live an average of another 37 years. The damages done to Plaintiff Fathers and Plaintiff Children by Defendants will be present for an average of 37 more years. It is estimated that 25% of the average income of Plaintiff Fathers of $46,000 (or $11,500 ) per year has been removed from them in the name of "child support payments" in the past, and this is expected to continue for an average of 14 more years, for a total amount per Plaintiff Father of $161,000. Due to the trauma, legal costs, time lost in courts and jails, criminalization, etc., their incomes declined by an average of 20% (a reduction of $9,200 per Plaintiff Father per year), for the balance of their lives of 37 years, a loss of $340,400 each, for a total loss of $501,000 each. There are a potential of 2.6 million fathers in California who may qualify as "Members of the Class", and the total estimated loss to all of them is $1,303 Billion.

B. Plaintiff Children can be expected to live for an average of 60 more years. The damages to Plaintiff Children result from: 1) their perception of their biological fathers, and 2) compared to children of two-parent families, they are more likely to go to prison by 8 times, to commit suicide by 5 times, to have behavioral problems by 20 times, to become rapists by 20 times, to run away by 32 times, to abuse chemical substances by 10 times, to drop out of high school by 9 times, to be seriously abused by 33 times, to be fatally abused by 73 times, and to have a 72% lower standard of living. This will reduce their average potential annual incomes of $46,000 each by 20%, or $9,200 each over an average of 60 more years, for a total loss per Plaintiff Child of $552,000. There are a potential of 3.5 million children in California who may qualify as "Members of the Class", and the total estimated loss to all of them is $1,932 Billion.

C. Compensation for past discrimination as determined by this court.

The following $294 Billion estimate is the total annual losses and increased costs to the workers, taxpayers, and Residents of California due merely to the increase in family breakdown which resulted directly from Defendants' enactment and enforcement of the Family Law Act. It is expected that a responsible Family Law Act, or no Act at all, would have had the potential to reduce the problems existing in 1969. This would have saved workers and taxpayers an additional $100 Billion per year, for a total of $394 Billion per year. In the 26 years since its enactment, the total estimated increased losses and costs to the workers, taxpayers, and Residents of California are roughly $5.122 Trillion.

Since its enactment in the early 1970s, the Family Law Act has been directly responsible for financial losses to potential Plaintiffs in excess of $5 Trillion and loss of life exceeding 80,340 lives. We the people, we the taxpayers, we the Residents of California, and we the Plaintiffs have nothing positive to show for it. Plaintiffs and other taxpayers of California paid them handsomely to protect their basic interests, and Defendants responded by severely violating the Constitutional rights of 2.6 million Plaintiff Fathers and 3.5 million Plaintiff Children.

 

 

INJURIES TO WORKERS, TAXPAYERS, & RESIDENTS OF CALIFORNIA DUE ONLY TO ENACTMENT OF FAMILY LAW ACT

BILLIONS OF DOLLARS PER YEAR

Single-mother Household

Step-father Household

Total

Increased Welfare Costs

$34 Billion

-

$34 B

Increase in Justice System Costs

$15 B

$7 B

$22 B

Increased IRS Tax Credits

$10 B

-

$10 B

Increased CAPTA Costs

$20 B

$10 B

$30 B

Increased Murder Rate

$1 B

$.6 B

$1.6 B

Increased Health Care Costs

$36 B

-

$36 B

Increased Drug Abuse Costs (Excluding Imprisonment)

$4 B

$2 B

$6 B

Future Economic Loss to Fatherless Children

$31.5 B

$15.8 B

$47.3 B

Increased "Child Support" Costs

$1.4 B

-

$1.4 B

Reduced Incomes to Disenfranchised Fathers

$52.8 B

$26.4 B

$79.2 B

Increased Interest on Public Debt

$21.2 B

$-

$21.2 B

Increased Cost of Education

$3.5 B

$1.8 B

$5.3 B

TOTAL INCREASED ANNUAL COSTS DUE TO INCREASED NUMBER OF FATHERLESS HOUSEHOLDS

$230.4 B

$63.6 B

$294 B

Increased Annual Burden on Each of Seven Million California Households

$32,914

$9,086

$42,000

Number of Fatherless Households in California

1,733,000

867,000

2,600,000

Increased Annual Cost of Each Fatherless Household

$132,949

$73,356

$113,077

BILLIONS OF DOLLARS SINCE 1972

$2,995.2 Billion

$826.8 Billion

$3,822 Billion

Cost of Each Fatherless Household Since 1972

$1,728,332

$953,633

$1,470,000

Increased Burden on Each of Seven Million California Households Since 1972

$427,886

$118,114

$546,000

 

 

Total Injuries to Plaintiffs Due Directly to the Family Law Act

Total Injuries to Plaintiffs

Plaintiff Fathers

Plaintiff Children

Total

Loss of Income Per Plaintiff

$250,385

$276,000

 

Share of Loss of Life Per Plaintiff at $1 Million Per Life

$17,538

$5,486

 

Pro Rata Share of Increased Burden on Taxpayers, Per Plaintiff

$546,000

$546,000

 

Number of Potential Plaintiffs

2,600,000

3,500,000

6,100,000

Total Loss of Income

$651 Billion

$966 Billion

$1,617 Billion

Total Loss of Life

$46 Billion

$19 Billion

$65 Billion

Pro Rata Share of Increased Burden on Taxpayers, Total

$1,420 Billion

$1,911 Billion

$3,331 Billion

GRAND TOTAL

$2,117 Billion

$2,896 Billion

$5,013 Billion

Defendants ignored, and shall continue to ignore, until enjoined by this court, vital religious, moral, social and economic principles. By this process, they have depleted and shall continue to deplete personal family savings accounts, until enjoined by this court. Defendants are handsomely profiting from and have a vested interest in maintaining the status quo which is causing massive social and economic pathology. They have proven by example that a Preliminary Injunction from this court is the only thing that has the potential to stop them.

JURY DEMAND

Plaintiffs hereby exercise their right to demand a trial of this cause by a fully informed jury.

 

 

VERIFICATION OF PLAINTIFF

I, John W. Knight, III, swear before God that the foregoing is true and complete to the best of my knowledge.

 

 

 

 

------------------------------------------------------------

John W. Knight, III

25712 Highplains Terrace

Laguna Hills, California 92653

714/362-1504

Subscribed and sworn to before me on March , 1998, by ___________________________

__________________________________________________.

Notary Public in and for the State of California.

Residing at ______________________.

My appointment expires: ___________________________.