link to Complaint to Ohio Supreme Court
List of Exhibits Forbiddin by Local Court - Included in Complaint to Ohio Supreme Court
IN THE COURT OF COMMON PLEAS
DIVISION OF DOMESTIC RELATIONS
CUYAHOGA COUNTY, OHIO
WILLIAM MACFARLANE
Plaintiff
vs.
MARIE CHRISTINE MACFARLANE
Defendant.
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CASE NO. DR03294327
MAGISTRATE JAMES R. [Name ommited on Internet]
EXHIBIT LIST
WITNESS LIST
EXPENSE AFFIDAVIT
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My Exhibit lists:
1. Page of excerpts from law. The Ohio Constitution ¤ 1.07, 2.28; U.S. Constitution Article I Section 10, First Amendment; and ORC 3101.08.
2. Bud's intentions manifest in his writing Vol VII, No. 11, July 29, 2003.
3. Bud's intentions manifest in his writing "Statement of Belief"
4. Page one Form M-D
5. Bud's intentions manifest in"Teaching"from his website
6. Bud's intentions manifest in his writing "Attacking the Head"
7. Bud's intentions manifest pg 1324, "Code of Canon Law Annotated"
8. Bud's intentions manifest pg 573 "Catechism of Catholic Church"
9. Bud's intentions manifested, Bai's right of conscience. sentence 4, par 52, "Gaudium et Spes (constitution)"
9. Bud's intentions manifested, Bai's right of conscience. section 23, par 4-5 "Familiaris Consortio"
My witness list is Bud and me. I object to Tom Lafond's witness list item 9 where he says he may bring in any unlimited witnesses. My income and expense affidavit is attached.
Respectfully Submitted,
___________________________
Marie C. (Bai) Macfarlane
CERTIFICATE OF SERVICE
This is to certify that the foregoing was provided via fax to Thomas LaFond, Attorney for Plaintiff, Eaton Center Building, 1111 Superior Avenue, Suite 1000, Cleveland, Ohio 44114 on the ___ day of April 2007.
Exhibits: Provided to husband's attorney and to Ohio Supreme Court
1. Page of excerpts from law. The Ohio Constitution ¤ 1.07, 2.28; U.S. Constitution Article I Section 10, First Amendment; and ORC 3101.08.
[this exhibit was permitted]
The Ohio Constitution
2.28 - Retroactive laws
The general assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects, and errors, in instruments and proceedings, arising out of their want of conformity with the laws of this state.
U.S. Constitution: Article I, Section 10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
http://caselaw.lp.findlaw.com/data/constitution/article01/
The Ohio Constitution
1.07 Rights of conscience; education; the necessity of religion and knowledge
All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the general assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.
U.S. Constitution: First Amendment
First Amendment - Religion and Expression
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
3101.08 Who may solemnize marriages.
An ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, a judge of a county court in accordance with section 1907.18 of the Revised Code, a judge of a municipal court in accordance with section 1901.14 of the Revised Code, a probate judge in accordance with section 2101.27 of the Revised Code, the mayor of a municipal corporation in any county in which such municipal corporation wholly or partly lies, the superintendent of the state school for the deaf, or any religious society in conformity with the rules of its church, may join together as husband and wife any persons who are not prohibited by law from being joined in marriage.
2. Bud's intentions manifest in his writing Vol VII, No. 11, July 29, 2003.
Relevant excerpt
... we are all required to obey someone, ... our bishops, ... as well as the Truth as taught by the Catholic Church...
3. Bud's intentions manifest in his writing "Statement of Belief"
Relevant excerpt
We believe that the Catholic Church is the one, true, holy, universal, and apostolic Church of Jesus Christ. We believe that Jesus Christ infallibly guides His Church through the pope and those bishops who teach in accord with the pope.
4. Page one Form M-D
[ Diocese of Cleveland Petition for Separation of Consorts]
5. Bud's intentions manifest in "Teaching" from his website
Relevant excerpt
Catechism of the Catholic Church
Code of Canon Law
Documents of Vatican II
6. Bud's intentions manifest in his writing "Attacking the Head"
Relevant excerpt
The Holy Father gave the world a profound Truth document early in his papacy: The Catechism of the Catholic Church.
7. Bud's intentions manifest pg 1324, "Code of Canon Law Annotated"
Relevant excerpt
[Exhibit was a copy of page 1324 and title page from book. Text is also transcribed on the internet.]
Since divorce laws have proliferated in many countries, the need to request the diocesan bishop's authorization is a necessary precaution, which prevents the fostering of trials whose judgments violate precepts of divine law, to the detriment of the spouses and with the risk of scandal to others.
8. Bud's intentions manifest pg 573 "Catechism of Catholic Church"
Relevant excerpt
[Exhibit was a copy of page 573 and title page from book. Text is also available on the internet.]
Divorce
2382 The Lord Jesus insisted on the original intention of the Creator who willed that marriage be indissoluble.173 He abrogates the accommodations that had slipped into the old Law.174
Between the baptized, "a ratified and consummated marriage cannot be dissolved by any human power or for any reason other than death."175
2383 The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law.176
If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offense.
2384 Divorce is a grave offense against the natural law. It claims to break the contract, to which the spouses freely consented, to live with each other till death. Divorce does injury to the covenant of salvation, of which sacramental marriage is the sign. Contracting a new union, even if it is recognized by civil law, adds to the gravity of the rupture: the remarried spouse is then in a situation of public and permanent adultery:
If a husband, separated from his wife, approaches another woman, he is an adulterer because he makes that woman commit adultery, and the woman who lives with him is an adulteress, because she has drawn another's husband to herself.177
2385 Divorce is immoral also because it introduces disorder into the family and into society. This disorder brings grave harm to the deserted spouse, to children traumatized by the separation of their parents and often torn between them, and because of its contagious effect which makes it truly a plague on society.
9. Bud's intentions manifested, Bai's right of conscience. sentence 4, par 52, "Gaudium et Spes (constitution)"
Relevant excerpt
The children, especially the younger among them, need the care of their mother at home. This domestic role of hers must be safely preserved, though the legitimate social progress of women should not be underrated on that account.
9. Bud's intentions manifested, Bai's right of conscience. section 23, par 4-5 "Familiaris Consortio"
Relevant excerpt
While it must be recognized that women have the same right as men to perform various public functions, society must be structured in such a way that wives and mothers are not in practice compelled to work outside the home, and that their families can live and prosper in a dignified way even when they themselves devote their full time to their own family.
Furthermore, the mentality which honors women more for their work outside the home than for their work within the family must be overcome.
Copyright Mary's Advocates
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