I Still Love You Artie – But…

Don’t know how else to categorize this absurd case:

A husband’s refusal to have sex with his wife three times within a year was enough to persuade Supreme Court Justice Arthur M. Diamond of Nassau County, N.Y. to grant the wife’s petition for a divorce on the ground of constructive abandonment. – (Here)

Now in full disclosure I know this judge personally.  ‘Artie Diamond’ was a high school classmate of mine.  While he was still working for the family law group he was one of the nicest guys you’d ever want to meet.  I was fortunate enough (40 years later) to see Artie once again at our 40th reunion in 2008.   In the brief time I talked to him he seemed, like most of us, pretty much unchanged except for a few less hairs and a 40 years of living etched in the new geography of the skin… 

But unlike most of us Artie went to law school and so it is just about impossible for him not to have changed the way he thinks and his perceptions;

In the book, How Lawyers Lose Their Way  the authors, both law professors, show how ‘legal education and practice have been rendered arid and dull by formalism, a way of thinking that values precedent and doctrine above all,  exalting consistency over ambiguity, rationality over emotion,  and rules over social context and narrative.’  The end result is that lawyers are taught to think and reason nothing like the way the average person does. read more

Of course this explains why our lawyer/politicians make decisions that most of the time make no sense to the average citizen and that fail in their purpose.  It also is definitive in explaining why our culture has been literally transformed by lawyer/judges who occupy the bench with impunity and who deliver ‘unto us’ decisions derived from a mindset that resides in a ‘zone‘ unrecognizable to the rest of America.

American Tradition – Gone for Good?

The case is question is from 2009.  It deals with marriage and a family’s personal life, a subject that HAS NO PLACE IN THE COURTS to begin with.  If indeed this matter were brought before the average citizen or even Artie Diamond prior to his law school indoctrination, this matter would have been thrown out of court with a warning to the attorneys of sanctions next time they waste the court’s time. 

Whether or not the wife had grounds for divorce ‘based on the obligations of the marital contract’ is supposedly the issue in this case.  This begs the obvious question then, to parody a famous movie line: “Show Me The Contract“!    And of course, unless there is a prenuptial agreement, there never is a ‘marital contract’.  I often hear it referred to as ‘Holy Matrimony’, I can’t recall ever hearing it referred to as ‘Judicial Matrimony.’

The judge made a decision based on nonexistent evidence, no contract was ever entered, and on case law, which is unconstitutional.  (Looks like easy money for the appeals lawyer…)

THE POINT; – a decision here is a matter of personal moral conviction and conscience – not a matter to be determined by lawyers and judges.  But in keeping with the total usurpation of everything we do in life, once again the lawyer/judges make it their business (literally) to interfere in our lives and tell us how exactly we should live them.  But then again with all the education in sociology, culture, families and the human condition they receive in law school. we are so lucky to have their infinite wisdom guiding us… 

And what a great contribution their wisdom has bestowed on our culture.  The Divorce and the Class Action Lawsuit Industries now reign supreme as the most lucrative for lawyers and the most destructive for the American family, American business, the American spirit and of course our everyday way of life.

Between their court decisions and their transformation of the once sacred institution of marriage into just another avenue to generate billable hours, America’s ruling lawyer class is destroying the family unit, the very foundation of our culture, our society and of course our country.

So Artie, I hope you don’t take this personal and that we can talk about this at our next reunion, God willing.  I’m sure you are one of ‘The Good Guys‘ and will consider these comments in your future on the bench. 

Until then here’s some food for thought from a world we once knew.  Not a perfect world, but one where conscience, justice and morality ruled the day.  A world where men usually had to fight in a war, not just pass the Bar Exam, in order to be a leader in America.   A world where character,  honesty and pride were a person’s foundation.  A world where the culture was not decided by a man in a black robe but by the common understandings of a moral people.  In this world, a world void of the ‘lawyer culture’ here is what would rule the day:

  • Marriage is not a legal contract but an agreement between a man and a woman guided by the conscience of a moral society under the auspices and direction of God and Mother Nature.      
  • The Courts will no longer have any jurisdiction in matters pertaining to the family with the only exception being when the family is party to a written contractual business agreement as with any business contract conflict.     
  • If there need be any mediation in such an agreement, there needs to be a qualified  panel to advise a solution if either one of the couple so desires a binding decision.  Legal professionals will be prohibited from the proceedings
  • The panel should be made up of experienced married and divorced couples along with a religious patriarch chosen by each party and a family member other than a minor child. 
  • The man and the woman can speak for themselves or choose a nonlawyer family member or friend to assist them in their presentation. 
  • Final decisions concerning financial and custodial arrangements will be made by the panel and enforced by designated officials in the local Department of Children and Families. 

America: Land of Laws = Land of Lawyers

And finally the 800 pound elephant in the room pertaining to this whole episode is the way in which American society has been so indoctrinated so completely that they now assume EVERYTHING in our society needs to be decided by lawyers and judges!  

The results of this are obvious to any one paying attention and that loves this country.


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