e-mail from Bai’s sister:
Dear friends of Marriage,
I am writing this to those who have expressed support of my sister, Bai Macfarlane (founder with her husband of The Mary Foundation and CatholiCity.com) as she has endured the tragedy of abandonment by her husband and then the loss of custody of her children in an unwanted “no-fault” divorce.
The latest development is that Bai’s attorney, Ave Maria University School of Law professor, Stephen Safranek, has filed an appeal, which the Ohio 8th District Court of Appeals has agreed to consider. The oral arguments are scheduled to take place on Wednesday, May 31 at 9:00 a.m. at the Cuyahoga County Courthouse. Mr. Safranek will be arguing that Bai’s religious beliefs were used against her in the proceedings and that the nature of the commitment made by the Macfarlanes when they were married as practicing Catholics was disregarded.
Bai would be really grateful for the support if you could be praying for all those involved that day or if some of you could even attend. If you come, your presence in the courtroom would be a real support to Bai, a powerful prayer presence, and a voice to the judges, letting them know that people care about the multiple injustices of the no-fault divorce “industry”, especially that of children being taken away from dedicated parents and spouses. In addition, listening to the arguments of this potentially precedent-setting case should prove to be a fascinating and enlightening educational experience. Essentially what will happen is that the opposing attorneys will explain their positions regarding the appeal to a panel of judges, and then the judges will question them. Presiding will be Judges Frank D. Celebreeze, Jr., Judge Christine T. McMonagle, and Patricia A. Blackmon. The entire proceeding should take less than two hours. Members of the public are welcome in the courtroom, however, they must remain silent and cause no disruption, plus no cameras or audio recording devices are allowed without permission of the court.
For a brief explanation of the case, see the press release below. For more information on the problem of no-fault divorce, see Bai’s web site at http://www.marysadvocates.org., including a page which describes the case in greater detail at http://www.marysadvocates.org/ohiocase/ohiocase.html.
Thank you for your ongoing prayers and support. I know Bai has experienced multiple graces and the strength to carry on due to the prayers, words, and actions of many people like yourselves.
Gratefully yours,
Mary P. Wagner
P.S. Feel free to pass this on to anyone whom you think may be interested in either praying or attending the hearing.
PRESS RELEASE
FOR RELEASE MAY 31, 2006
LAW PROFESSOR DEFENDS MARRIAGE IN APPELLATE COURT
NO-FAULT DIVORCE IS UNCONSTITUTIONAL
Cleveland, OH May 31, 2006 – Constitutional law professor, Stephen Safranek is arguing in the 8th district court of appeals that forcing routine no-fault divorce on a Christian wife and children is unconstitutional. With his “True Marriage Project,” a work of his public interest law firm, Safranek asserts, “promises made by the couple, to be married in accordance with the laws of their Catholic Church, can not be ignored by the civil courts.”
“The no fault system ignores the religious beliefs and practices of the family. Indeed, in this case, the innocent spouse was punished for being on ‘a crusade’ to save her children and family.”
The appellate court case involves William (Bud) Macfarlane, a self-professed practicing Catholic who left his wife Marie (Bai) Macfarlane in July, 2003, and sought a no-fault divorce. The divorce was granted against Bai’s objections, and Bud was given permanent custody of the children. The court criticized Mrs. MacFarlane’s opinions and the Catholic Church’s teachings on the sanctity of marriage in its decision to grant custody to her husband, and to forbid her to continue homeschooling the children.
Mrs. Macfarlane laments: “I was forced to stop homeschooling because the court psychologist stated it was bad after second grade, despite the fact that my children scored well on standardized tests. My youngest child is in daycare although I want to care for my children at home. Now, I have no right to make any decision regarding their upbringing. Finally, although we as a family poured our lives into building a non-profit foundation, my husband runs it and I have been ordered to get another job.”
“The court’s ruling gave the father, who works full time, permanent custody and their stay-at-home mom visitation time,” her lead attorney, Safranek said. “This occurred despite the fact that the father did not have a single family member or friend or even an employee who could testify on his abilities to serve as a custodial parent. However, a veritable blizzard of family and friends testified on behalf of Mrs. MacFarlane.”
Mrs. MacFarlane hopes her husband will be ordered to follow the arbitration process required by his church law before seeking civil divorce. “Courts order people to follow the rules they choose in their own contracts everyday; marriage should be no different,” says Mrs. Macfarlane.
Mrs. MacFarlane has taken her case on a parallel track before the Church Tribunals and she is publicizing all these efforts on her website.
LOCATION:
Court of Appeals Of Ohio, Eighth Appellate District
Cuyahoga County Courthouse
1 Lakeside Avenue Room 202
Cleveland, Ohio 44113-1085
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