Columbus, Ohio, Jan 19, 2006 / 22:00 pm
An Ohio mother of four has launched a constitutional appeal against an Ohio civil divorce and custody decision, arguing her religious beliefs and free speech were used against her in the proceedings.
Marie “Bai” Macfarlane’s husband abandoned her and their four children in 2003 and began no-fault divorce proceedings. Macfarlane is a stay-at-home mother and devout Catholic who homeschooled her children until 2004.
Her potentially precedent-setting appeal was submitted by Ave Maria School of Law professor Stephen Safranek. The Constitutional Law professor argues: “The civil courts do not have sole authority to end her marriage or to control the upbringing of her children. These religious and moral beliefs may be considered alien or quaint in our culture. Yet, the holding fast to such beliefs should not result in discrimination against a mother.”
Macfarlane said she and her husband had agreed to marry for life. “Even if disputes arose, I expected that we would resolve them as Catholics, from the Church’s moral position,” she said.