Right to privacy.

• Author: Martyak, Stephen
• Position: Letters

Christopher Chopin (prenuptial agreements precluding alimony pending divorce decree should be valid, July/August) is right, but for the wrong reason! The right reason is Florida Constitution Art. I [section] 23, the Right to Privacy, which makes the dissolution of marriage statutes unconstitutional ... across the board!

When this fundamental right to privacy attaches to a statute, the statute is presumed unconstitutional until the state "proves" a compelling state interest applied in the least intrusive manner. North Florida Women's v. State of Florida, Case No: SC01-843 (July 10, 2003).

The dissolution of marriage statutes (Ch. 61) are unconstitutional because they invade a privacy protected area, namely "personal decisions related to marriage," Carey v. Population Serv. Intl., 431 U.S. 678, 684-85 (1977). Divorce is a personal decision related to marriage and thus protected.

The state has never proved a compelling state interest applied in the least intrusive manner to justify the statutes on alimony, stripping property rights (equitable distribution), child support (parent spending) based on income, and custody on anything other than harm to the child.

Mr. Chopin believes the New York statutes that permit temporary alimony to prevent a spouse from slipping into poverty is correct and should be incorporated into Florida's dissolution statutes. That is reasonable if you ignore the privacy amendment. If you craft...