Suing the Missouri State Legislature

Can it be this Easy?

As you can see below there are many laws on the books that deal with the "Rights of Married Women". A married woman, under Missouri law can stop her husband from squandering his money during a divorce. However, a married man can't stop his wife from squandering her money during a divorce (or his money for that matter).

These laws are obviously in violation of the equal protection clause of the 14th amendment of the United States Constitution. I'm suing on the basis of a Title 42 Section 1983 civil rights action to ask the Federal Courts to declare these laws unconstitutional.

Will it work? It should. If it does then this will be a template for reform in all 50 states. I encourage anyone with a little balls and $150 to copy this suit and do the same thing in your state.

This case has been sitting for 8 months. I wrote the judge 3 letters asking about the status of the case. I got no response. I decided that the judge had a duty of common courtesy and I Filed a Writ of Mandamus in the 8th Federal Circuit asking the court to rule that I have a right to common courtesy.

The 8th circuit court ordered the judge to explain why he's not doing anything. The judge gave some sorry assed excuse and then dismissed this case stating that the eleventh amendment barred me form suing the state. They also denied my writ of mandamous asking for the right to common courtesy.

I then took this case to the 8th citcuit court of appeals. They summarily affirmed the decision of the lower court. I then filed a Motion for Rehearing.

                IN THE UNITED STATES DISTRICT COURT FOR
                   THE WESTERN DISTRICT OF MISSOURI


Marc Perkel - pro se              )
                                  )
vs.                               )  No.
                                  )
State of Missouri Legislature     )
                                  )


                            CIVIL COMPLAINT
                            ---------------

Plaintiff:

   Marc Perkel
   411 North Sherman, Suite 300
   Springfield Mo. 65802
   417-866-1222 (office)
   Use Email (fax)
   marc@ctyme.com (electronic mail)

Defendant:

   State of Missouri Legislature

   Jay Nixon * Attorney General
   Supreme Court Building
   207 West High Street
   Jefferson City Mo. 65101
   Phone: 573-751-3321


Statement of Claim:


1) Attached is a list of laws that are discriminatory on the basis of
   sex. Most of the laws apply to divorce proceedings and give married
   women a significant advantage in court over that of married men.
   These laws are clearly in violation of the equal protection clause of
   the 14th amendment which states in the relevant part:


      "No State shall make or enforce any law which shall abridge the
      privileges or immunities of citizens of the United States; nor
      shall any State deprive any person of life, liberty, or property,
      without due process of law; nor deny to any person within its
      jurisdiction the equal protection of the laws."


2) This list is not a complete list of all Missouri statutes which
   Plaintiff claims violates the 14th amendment. Plaintiff claims all
   laws which treat men and women differently, with the exception of
   laws pertaining to pregnancy or other reasons grounded in biological
   differences, violate the 14th amendment.


3) Missouri statute Section 451.010 states:


      "Marriage is considered in law as a civil contract, to which the
      consent of the parties capable in law of contracting is
      essential."


4) Plaintiff contends that the statutes and common law for marriage
   contracts are inconsistent with the laws pertaining to other forms of
   civil contracts.


Relief:


1) Plaintiff contends these laws violate his civil rights and asks the
   Court to declare these laws unconstitutional.


2) Plaintiff seeks an order from the court to force the Missouri
   Legislature to rewrite all laws found in violation and to enact new
   laws that ensure that all matters covered by law, and divorce
   proceedings in particular, are in compliance with the 14th amendment
   of the constitution.


3) That the Missouri Legislature be ordered to pass laws to correct
   common law practices by the Family Courts that are discriminatory on
   the basis of sex.


4) That the Missouri Legislature be ordered to pass laws and change laws
   to make marriage contracts consistent with other civil contracts.


Standing:


The Plaintiff is now three years into a divorce of a marriage that
lasted only 5 years and produced no children. This divorce has resulted
in 5 separate lawsuits so far and it likely to result in at least 3
more.


Having been married and having his life virtually destroyed by
unconstitutional laws and common law practices, the Plaintiff will never
be able to get married again. Plaintiff contends that anyone who
understands the laws of Missouri would never choose to get married.


Plaintiff contends that his past experiences, his pending lawsuits, and
his predicted lawsuits as well as his right to get married without being
under the thumb of the state give him standing to bring this action.



__________________________________
Marc Perkel * Plaintiff * 04-01-97


          PARTIAL LIST OF SEX DISCRIMINATORY LAWS IN MISSOURI
          ===================================================

These laws violate the equal protection clause of the 14th Amendment and
should therefore be ruled unconstitutional.


Section 451.250

Married woman to hold her real and personal property as her separate
property--liable for what.

451.250. 1. All real estate and any personal property, including rights
in action, belonging to any woman at her marriage, or which may have
come to her during coverture, by gift, bequest or inheritance, or by
purchase with her separate money or means, or be due as the wages of her
separate labor, or has grown out of any violation of her personal
rights, shall, together with all income, increase and profits thereof,
be and remain her separate property and under her sole control, and
shall not be liable to be taken by any process of law for the debts of
her husband.

2. This section shall not affect the title of any husband to any
personal property reduced to his possession with the express assent of
his wife; provided, that said personal property shall not be deemed to
have been reduced to possession by the husband by his use, occupancy,
care or protection thereof, but the same shall remain her separate
property, unless by the terms of said assent, in writing, full authority
shall have been given by the wife to the husband to sell, encumber or
otherwise dispose of the same for his own use and benefit, but such
property shall be subject to execution for the payments of the debts of
the wife contracted before or during marriage, and for any debt or
liability of her husband created for necessaries for the wife or family;
and any such married woman may, in her own name and without joining her
husband, as a party plaintiff institute and maintain any action, in any
of the courts of this state having jurisdiction, for the recovery of any
such personal property, including rights in action, as aforesaid, with
the same force and effect as if such married woman was a femme sole;
provided, any judgement for costs in any such proceeding rendered against
any such married woman, may be satisfied out of any separate property of
such married woman subject to execution; provided, that before any such
execution shall be levied upon any separate estate of a married woman,
she shall have been made a party to the action, and all questions
involved shall have been therein determined, and shall be recited in the
judgement and the execution thereon.


Section 451.260

Rents of married woman's real estate exempt from liability for husband's
debts, when.

451.260. The rents, issues and products of the real estate of any
married woman, and all moneys and obligations arising from the sale of
such real estate, and the interest of her husband in her right in any
real estate which belonged to her before marriage, or which she may have
acquired by gift, grant, devise or inheritance during coverture, shall,
during coverture, be exempt from attachment or levy of execution for the
sole debts of her husband; and no conveyance made during coverture by
such husband of such rents, issues and products, or of any interest in
such real estate, shall be valid, unless the same be by deed executed by
the wife jointly with the husband, and acknowledged by her in the manner
now provided by law in the case of the conveyance by husband and wife of
the real estate of the wife; provided, such annual products may be
attached or levied upon for any debt or liability of her husband,
created for necessaries for the wife and family, and for debts for labor
or materials furnished upon or for the cultivation or improvement of
such real estate.


Section 451.270

Property of husband exempt from debts of wife incurred before marriage.

451.270. The husband's property, except such as may be acquired from the
wife, shall be exempt from all debts and liabilities contracted or
incurred by his wife before their marriage.


Section 451.280

Compensation for damage to married woman's real estate, invested how.

451.280. When the real estate of any married woman shall be taken for a
railroad, way or other public use, or shall be damaged by the laying out
of a railroad, way, or by any other public works, the damage or
compensation awarded therefor may be so invested and disposed of as to
secure to her the same right, use and benefit of, and in the sum so
awarded, and the income thereof, that she would have had of and in the
real estate, and the income thereof, if it had not been so taken or
damaged; and the circuit court shall, on the proper application of any
such woman, make such decrees and orders therein as may be necessary and
proper to enforce and secure her said rights and interests.


Section 451.290

Wife deemed femme sole, when.

451.290. A married woman shall be deemed a femme sole so far as to
enable her to carry on and transact business on her own account, to
contract and be contracted with, to sue and be sued, and to enforce and
have enforced against her property such judgements as may be rendered for
or against her, and may sue and be sued at law or in equity, with or
without her husband being joined as a party; provided, a married woman
may invoke all exemption and homestead laws now or hereafter in force
for the protection of personal and real property owned by the head of a
family, except in cases where the husband has claimed such exemption and
homestead rights for the protection of his own property.


Section 452.075

Remarriage of wife ends alimony.

452.075. When a divorce has been granted, and the court has made an
order or decree providing for the payment of alimony and maintenance of
the wife, the remarriage of the former wife shall relieve the former
husband from further payment of alimony to the former wife from the date
of the remarriage, without the necessity of further court action, but
the remarriage shall not relieve the former husband from the provisions
of any judgement or decree or order providing for the support of any
minor children.


Section 452.080

Decree for alimony--a lien, when.

452.080. Upon a decree of divorce in favor of the wife, the court may,
in its discretion, decree alimony in gross or from year to year. When
alimony is decreed in gross, such decree shall be a general lien on the
realty of the party against whom the decree may be rendered, as in the
case of other judgements. When such decree is for alimony from year to
year, such decree shall not be a lien on the realty as aforesaid, but an
execution in the hands of the proper officer, issued for the purpose of
enforcing such decree, shall constitute a lien on the real and personal
property of the defendant in such execution, so long as the same shall
lawfully remain in the possession of such officer unsatisfied. In lieu
of the lien of such decree for alimony from year to year, it is hereby
provided that the party against whom such decree may be rendered shall
be required to give security ample and sufficient for such alimony; but
where default has been made in giving such security, the decree for
alimony from year to year shall be a lien as in case of general
judgements.


Section 452.130

Wife abandoned, court to adjudge maintenance--execution to enforce.

452.130. When the husband, without good cause, shall abandon his wife,
and refuse or neglect to maintain and provide for her, the circuit
court, on her petition for that purpose, shall order and adjudge such
support and maintenance to be provided and paid by the husband for the
wife and her children, or any of them, by that marriage, out of his
property, and for such time as the nature of the case and the
circumstances of the parties shall require, and compel the husband to
give security for such maintenance, and from time to time make such
further orders touching the same as shall be just, and enforce such
judgement by execution, sequestration of property, or by such other
lawful means as are in accordance with the practice of the court; and as
long as said maintenance is continued, the husband shall not be charged
with the wife's debts, contracted after the judgement for such
maintenance.


Section 452.140

No property exempt from attachment or execution, when.

452.140. No property shall be exempt from attachment or execution in a
proceeding instituted by a married woman for maintenance, nor from
attachment or execution upon a judgement or order issued to enforce a
decree for alimony or for the support and maintenance of children. And
all wages due to the defendant shall be subject to garnishment on
attachment or execution in any proceedings mentioned in this section,
whether the wages are due from the garnishee to the defendant for the
last thirty days' service or not.


Section 452.170

Petition for enjoyment of wife's separate estate, when.

452.170. If any married woman shall hold real estate in her own right,
and her husband, by criminal conduct toward her, or by ill usage, shall
give her cause to live separate and apart from him, she may petition the
circuit court, setting forth such facts, and therein pray that such
estate may be enjoyed by her for her sole use and benefit.



Section 452.180

Circuit court may make decree.

452.180. The circuit court, on due proof of such facts, may, in its
discretion, make such order and decree in the premises as shall give
such married woman the sole use and benefit of such real estate, or such
part thereof as it may think reasonable.


Section 452.190

Authorization by court to sell property.

452.190. When any married man shall abandon his wife, or from
worthlessness, drunkenness or other cause fail to make sufficient
provision for her support, the circuit court of the county where she has
her home and residence may, on her petition, authorize her to sell and
convey her real estate, or any part thereof, and also any personal
estate which shall, at the time, have come to the husband by reason of
the marriage, and which may remain within the state undisposed of by
him.


Section 452.200

Husband enjoined from squandering property at suit of wife.

452.200. Any married woman may file her petition in the circuit court,
setting forth that her husband, from habitual intemperance, or any other
cause, is about to squander and waste the property, money, credits or
choses in action to which she is entitled in her own right, or any part
thereof, or is proceeding fraudulently to convert the same, or any part
thereof, to his own use, for the purpose of placing the same beyond her
reach, and depriving her of the benefit thereof; and the court, upon the
hearing of the case, may enjoin the husband from disposing of or
otherwise interfering with such property, moneys, credits and choses in
action, and may appoint a receiver to control and manage the same for
the benefit of the wife, and may also make such other order in the
premises as they may deem just and proper, and upon the filing of such
petition an injunction may be allowed as in other cases, and such
petition shall be filed in the county where said petitioner resides, and
the husband of said petitioner shall be made a party defendant to said
petition.


Section 452.210

Court may authorize persons holding money of husband to pay wife.

452.210. The court may also, upon the petition of such wife, authorize
any person holding money or other personal estate to which the husband
is entitled in her right to pay and deliver the same to the wife, and
may authorize her to give a discharge for the same, which discharge
shall be as valid as if made by the husband.


Section 452.220

Married woman entitled to proceeds of earnings of her minor children, when.

452.220. Such married woman, during the period her husband shall fail to
provide for her support, as stated in section 452.130, shall be entitled
to the proceeds of the earnings of her minor children; and the same
shall be under her sole control and shall not be liable in any manner
for his debts.


Section 452.230

Proceeds used for support of herself and family.

452.230. All the proceeds of such sales, and all other money and
personal estate which shall come to the hands of the wife by force of
the provisions of sections 451.250 to 451.300, RSMo, and sections
452.130, 452.140, 452.170 to 452.190 and 452.210 to 452.250, may be used
and disposed of by her for the necessary support of herself and family.


Section 452.240

Filing of petition, proceedings.

452.240. The petition of a married woman for any of the purposes before
mentioned may be filed and the case heard and determined in the circuit
court, and the like process and proceedings shall be had as in other
civil suits triable before circuit judges.


Section 452.250

Proceedings on such petition--appeal allowed, when and where.

452.250. The same proceedings shall be had in relation to such petition
as the law requires in other proceedings before circuit judges, and in
relation to enforcing the orders and decrees, except that no appeal
shall be allowed to the supreme court, or court of appeals, from any
order or decree, on the part of the husband, until he has indemnified
the petitioner for all delays and costs, in such manner as the court
shall direct.