Libertarians Support Freedom of Marriage Ceremonies

The marriage laws of Michigan have been litigated and amended for over a century, most recently regarding same sex marriage.  In 2015 a US Supreme Court decision held that Michigan marriage laws violate the Constitutional rights of same sex partners.  Michigan law has not been changed to reflect that decision though, and the role of the state in issuing marriage licenses has not been addressed at all.
 
Pastor Neil Carrick has sued the Michigan Attorney General and Governor to overturn laws that can be used to fine and jail those who perform a marriage without a license from the state.
Michigan Compiled Laws (MCL) section 551.14 states that if an officiate “knowingly joins any persons in marriage contrary to the provisions of this chapter, he or she shall forfeit for each offense a sum not exceeding $500.00”.  Section 551.106 states they “shall be punished by a fine of 100 dollars, or in default of payment thereof, by imprisonment in the county jail for a term of 90 days”.
These laws are the focus of the lawsuit.  If a couple merely wants a private ceremony and does not want to receive the state “benefits” of a licensed marriage contract, why should the official performing a private ceremony be punished for it?  These are the questions the state of Michigan is being asked to answer, with briefs addressing the issue due on January 8.
 
In order to understand marriage laws we must first understand why they were originally enacted.  In the United States the laws primarily came about in order to establish inheritance property rights, or to prohibit inter-racial marriages and certain religious acts like polygamy.

The laws of marriage vary from state to state, but most require a license for marriage as a civil contract.
 
Libertarians strongly oppose licensure in general and in particular for civil contracts.  The national party platform states “Government does not have the authority to define, license or restrict personal relationships”.  The platform of the Libertarian Party of Michigan also addresses the issue; “marriage licenses are contracts between individuals and should be left to the individuals, their attorneys and religious officials, without the need to pay the state for a stamp of approval”.
 
US Supreme Court cases support that position.  “No state shall convert a liberty into a license, and charge a fee therefore.” (Murdock v. Pennsylvania, 319 U.S. 105, 1943).  And: “If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.”  (Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262, 1963).
 
Michigan began regulating marriages with the Revised Statutes of 1846 (marriage laws are now found in MCL chapter 551).  The statutes have been amended numerous times since then, and some have been repealed, like the antenuptial physical exam which was repealed in 1972.  In 1996, section 551.1 was amended to state that “A marriage contracted between individuals of the same sex is invalid in this state”.  This should be removed to reflect the recent Supreme Court Ruling.
The Libertarian Party of Michigan strongly supports Pastor Neil Carrick in his suit.  No state should require a license for a civil contract between individuals, nor should it punish those performing private religious ceremonies that cause no harm to others.  Michigan’s legislature needs to bring state marriage laws into compliance with the constitution.
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Contact: Kimberly McCurry, Chair, Libertarian Party of Michigan
989.593.1000  chair@michiganlp.org

Cyber Security

James Weeks II, Vice-Chair
Libertarian Party of Livingston County
As submitted to the Livingston Daily Letters to the Editor
 
During the GOP debate the week before Christmas, a lot was said about encryption and wanting to force programmers to put back doors in encryption programs. This is extremely troubling for a number of reasons.

First, if a backdoor exists others will find it; many encryption programs are open source and if the backdoor can be seen it can be exploited by anyone, not just government. A backdoor would mean giving Russia, China, and even ISIS a way to gain access to Americans' most private information. Keep in mind- your banking, credit card purchases, on-line shopping, and anything of that sort is done with encrypted connections. If a backdoor exists this means any hacker can easily gain access to all of your information.

Secondly, the 4th amendment guarantees our right to be secure in our papers and effects. If they need our encryption keys they should have to obtain a warrant, just like gaining access to your home or safe.

Also, if backdoors are written into new encryption programs terrorists will just write their own programs. Keep in mind many of these methods are already available as open source programs, so ISIS making their own program would just be a matter of copy-paste-compile. Thus, the only ones that would be hurt by this would be those who are following the law and using the new programs. 
 

Benjamin Franklin said, “Those who would give up essential Liberty [for] Safety, deserve neither...” Asking us to give up security for security makes even less sense to me.

Abrogate Prohibition Michigan

Submitted by Timothy Locke
 
Group forms to tackle Cannabis/Hemp/Marijuana question.
A ballot question committee has been formed to make the use of the Cannabis plant lawful and legal in Michigan. The group called Abrogate Prohibition Michigan is being lead by the need to redress and repair some of the most ineffective state policies ever introduced by legislators in Lansing over the Cannabis/Hemp/Marijuana issue in the last four decades, and is different from all the other efforts because the group is proposing an amendment to the constitution to make the personal use of the Cannabis/Hemp plant lawful by adults over 18 years old who are no longer enrolled in high school. As well as allow use for adults who are wards of others, and minors including those that are 18 years old and still enrolled in school, requiring only a parental or legal guardian's authorization.
The group had their language approved by the State Board of Canvassers on December 29th, 2015, and now are ready to start the required signature collection campaign, which will start early January, and will need to finish by the July State deadline, in time for voters to address the issue in the 2016 elections. Says the groups founder Timothy Locke, “Abrogate Prohibition Michigan was formed to bring the end to Cannabis/Hemp prohibition in Michigan. The unlawful prohibition of the Cannabis/Hemp plant has only added to and perpetuated the economic, political, and social problems the state faces, and leaves those problems squarely on the doorstep of every citizen in our beloved state, and upon the backs of our children like it was once dumped upon our backs not so long ago."
Says Locke "Prohibition of the Cannabis/Hemp plant violates in a most egregious way, a free people's most basic right, being the right to Self Determination. Abrogate Prohibition Michigan looks past the surface and digs down to the root of a number of these problems the state still faces today, which it will continue to stumble over for decades to come should We the People not do what seems impossible for the state itself to accomplish. As we approach the 80 year mark of Cannabis/Hemp prohibition, there is little else one can honestly take away from the situation."
A.P.M. appeals to the many far more beneficial aspects of the Cannabis/Hemp plant. Locke has been quoted as saying, "With all that can be done with this non toxic and harmless plant, it seems to be a large waste of effort, energy, money, and time trying to pass more legislation to legalize Cannabis/Marijuana for recreational use only, which is the least desirable aspect of this multiple use plant. The Cannabis/Hemp plant has 1000's of uses beyond the recreational, nutritional, or even the medical use it is now proven to have. In fact, Cannabis/Hemp has been used for thousands of years without legislative involvement or burdensome regulations and taxation. Cannabis/Hemp was a very important part of daily life of all Americans and people around the world just 100 yrs ago, as recently as 50 yrs ago, just as it still is today."
The group also addresses the growing Cannabis/Hemp industry that the current drug laws make illegal, while stifling economic growth and innovation in the State. In 2014, over $13 Billion dollars of raw Cannabis/Hemp was imported into America for use in manufacturing and retail stores across the state and country. Says Locke, “The Cannabis/Hemp industry holds much promise for the citizens of Michigan. For decades, Michigan farmers have been prohibited from participating in this industry due to misguided and stifling state legislation. Billions more are lost in manufacturing jobs in industries from textiles, foods, medicines, plastics, fuels, hempcrete, and new nano-technologies, just to name a few. The benefits that arise when our people, farmers, and industries can cultivate and use Cannabis/Hemp like all other agricultural resources, are well documented.” Locke says also "The state will get it's 6% sales tax cut, and have regulative authority over the commercial, industrial, and retail marketplace, just as it has on all other retail products. What they will not be privy to is excessive taxes in the form of Excise/Sin/Luxury taxes. The taxes the state will obtain from the 6% sales tax in the retail marketplaces will be well beyond the amount that would be gained from the excise taxes in only the legalized recreational marketplace. For We the People, the Cannabis/Hemp plant will be handled by the state no differently than any other plant people grow annually in their home gardens and farms. It will be regulated like the tomato plant for the Citizens of Michigan, while the State will still have authority over the retail marketplace."
Locke acknowledges that amending the MI constitution via a vote of the people is difficult, but feels voters are ready to address the issue. According to Locke, “More and more people are concerned about the loss of personal liberty as well as economic security under the leadership of politicians in far off places, and as of late, right in Lansing. We, as a State, are $78 Billion in debt and growing according to the most recent Michigan Debt Clock. An increase of Four Billion in State Debt in just 6 months time. We need to be thinking out of the box if we are going to resolve these most fundamental problems we face in Michigan. The same old, worn out, policy fixes will only continue the same old, failed legislation, and continue to fail the Citizens and the State itself. The impact of repealing Cannabis/Hemp prohibition would stimulate the economy, manufacturing base, and the farm lands from the fields up, returning Michigan to a technological, manufacturing, and economic powerhouse once again. It is time to put Michigan back to work, back to prosperity and back to the path of good health, and that starts with the full and complete repeal of Cannabis/Hemp prohibition in 2016.”
How can you can help Abrogate Prohibition Michigan help you repeal Cannabis/Hemp prohibition in Michigan? You can help by joining the website at www.michican.us. Join in and Volunteer and Donate today!

Speaking Truth to Power

by Jeff Wood

Everybody asks me the same question. Whether they’re my critics, my supporters, my friends, my enemies, or total strangers, the question remains the same.

Why would an Anarchist run for office?

It’s a good question, so I want to address it thoroughly. If you boil the answer down enough, it’s quite simple: Because I can. You see, unfortunately in our society, we are not granted many opportunities to challenge the cult of the omnipotent state. Most ideas that come immediately to mind that would promote the cause of Anarchy will also land you in jail. Running for office is one of the few outlets we are still allowed to use for venting our frustration with our government. I believe that the goal of bringing about liberation in our lives is too important to be whispered about in our living rooms and speakeasies, it must be shouted from the rooftops! For this reason, I choose to indict the system by the most public means at my disposal.

Some mistake me for someone who wants to change the system from the inside, but that is unrealistic. The tracks are already laid, the throttle is maxed, the handle broke off miles back and the government is barreling like a locomotive toward tyranny. The only hope we have of avoiding it is to derail the train. I do understand the apparent conflict of interest in seeking a position you don’t believe should exist, and while I would accept the position if elected and use it to further spread the message of liberty, that is not my primary motivation for seeking the position. My primary motivation is to speak truth to power.

“Speaking truth to power” is a phrase that some claim originated in the civil rights movement, others claim it began during the opposition of the Cold War by the Quakers. Either way, it came to mean taking a bold stance against injustice by voicing your opposition directly to those responsible for it as often as possible. That wholly describes the goal of this campaign.

You see, your so called representatives in government actually believe that they rule over you with your consent. Even though politicians are the most despised and ridiculed class of people the world over, they think we respect their decisions. Even though less than half the eligible populace bothers to vote in their elections, they think that they have our support.

The time has come for someone to shake them out of this daydream, to inform them that they were sorely mistaken about the docile impressions their constituents seem to have made on them previously. The time has come for their ivory towers to feel a bit less opulent and a bit more claustrophobic, so that no door might be closed in Washington DC without hearing the baying of the wolves behind it! The time has come for their fair warning that the next time a chink appears in the armor of their precious empire, whether it be financial collapse, social unrest, or political upheaval, we will be there, torches and pitchforks in hand, ready to topple their power structure, rip them from their decadent nests, and cast them out into the cold world that we know and endure.

How can we, as lovers of freedom, stand idly by while our precious liberty is stripped away? How can we suffer this outrage in silence? Will you go quietly into the twilight of human dignity? Are you made of weaker stuff than your forebears who stood up and demanded the rights you hold dear today? I say NO! I say we can be the generation that breaks the cycle. I say we can create for our children a world free of the oppression we’ve inherited. I think that if we have the bravery to speak truth to power, that we can bring about the dawn of a new era of human freedom in our lifetimes.

Letter from Pastor Suing State

Hello,
 
My name is Neil Carrick, I been a Pastor for about 30 years. I consider myself a Moderate Democrat but on the issues of Religion I have as a result of both my General Baptist and to some degree Quaker background always had a very libertarian view of religious matters in regards to the state as it has to do with Marriage and other issues.
 
I do not believe that the State or that matter any local government be involved in controlling any religious matter including marriage ceremonies. They should not under any circumstances be involved in deciding how churches decide whom they should perform ceremonies for or not for. I think this is not the states concern with the exception of matters to do with fraud or abuse.
 
I made many efforts to do with this effort to create immediate chance and in the next week a Mayor/Supervisor of a small town in Michigan will help move her jurisdiction to proclaiming something similar to the decriminalization of those involved in Marriage Ceremonies that are solemnized in Houses of Worship without a State License. That those families and children will be affirmed as having an inherit worth and dignity.
 
I am making efforts to meet with the County Prosecutors of 4 counties and hopefully I will have a chance to meet with the Attorney General of the state. I am also meeting with other Mayors, State Representatives and County Executives. That they also encourage this change and proclaim they will seek decriminalization of people involved in these situations but rather affirm all families and children. 
 
This matter is clearly one libertarians can assist in. We have legal counsel but she is more attuned to family law, I am also a Family Law Mediator so I know a lot of the issues involved in these matters of how people are treated who do not abide in the state process or are threatened with jail time or fines for clergy if they don't follow this method.
 
I would ask not only for your assistance but also assistance in promoting this effort. A story about this will most likely appear in several local papers including the Free Press but to me getting this done could spread a more libertarian view on marriage across the country.
 
I have support from my religious leaders including Christians Congregations and Islamic Houses of Worship. Several Large Denominations are interested in assisting too, and I believe several other religious groups including those of the Jewish, Hindu, and Buddhist Faith would be supporting.
 
Please let me know your thoughts and what you think your organization can do to assist. By Tuesday I hope to have an announcement about this city making public an effort to be known rather quickly to be supportive of these families and children.
 
Please feel free to contact me by phone or email. 
 
Kindest Regards,
 
Neil Patrick Carrick
Peacemaker Counseling and Mediation
www.mipeacemaker.com
734-469-0122

For more information on Neil Carrick's suit please follow the see the article found here.

Member: Boman Case Update

Submitted by Scott Boman
 
Detroit-MI Circuit Court Judge Cynthia Gray Hathaway denied Scotty Boman's appeal, letting 36th District Judge Roberta Archers guilty verdict stand.  Boman was charged with Trespassing while at his place of work in an area that was open to the general public.  Boman said he suffered injuries at the hands of Wayne County Community College District (WCCCD) Police Officer Olivia Moss Fort.

Boman said he will be meeting with attorneys soon to decide on his next move. 

Boman expressed his dismay saying, 
 
"Those who are familiar with my case know that no honest, rational, and unbiased person could find me guilty of this charge; the facts presented by both sides differ from the letter of the law.

Those unfamiliar with this saga are welcome to click the "Show more" links on the Go Fund Me page and read about the history of this case. Links to articles and interviews may also be found there.

This only serves as additional confirmation of my long-held belief that government is an impediment to justice rather than a facilitator of it. Since logic, facts and law may be readily ruled out as actual reasons for these rulings, I am only able to speculate as to what has motivated these people.

I welcome suggestions as to actual motives, especially if there is some form of evidence to back it up."

Scotty Boman is a frequent Libertarian Party of Michigan (LPM) Candidate who has held a few different offices in the LPM.  At the time of the incident he was a candidate for Detroit City Clerk.  Details of his case, and links to past articles can be found at: 
http://GoFundMe.com/ScottyBoman

January Chair Letter

Happy New Year,
 
December has traditionally been a month off for many people when it comes to political work so we can enjoy time with our families.  Speaking of family, our Treasurer, Jonathan Osment, was married at the end of the month – Congratulations!  And I hope all of you had a wonderful time over the Holidays.

While we were definitely enjoying time with family and friends these past couple of weeks, we weren’t entirely “off.”   Our Facebook page is now up to over 1800 likes and growing.  Our webmaster has been working diligently on setting up the new website.  These two valuable social media tools will be a major force for us in the coming year.
 
I am extremely excited that our website will be focusing on our newsletter, Party activities, and the elections.  These connections will be easily accessed from our home page along with general items that have been hidden under several menus in the past.  We’re hoping a new user-friendly site will draw more people in.
 
Speaking of newsletters and press releases, we already have a few articles lined up for next month.  If you’re interested in updating us on legal proceedings, state and/or federal legislation or ballot proposals from a libertarian perspective, please email newsletter@michiganlp.org.  We are hoping to maintain a smooth flow over the next year. We’ll be focusing on current elections and after convention, several campaign articles from our nominees.   Those currently seeking nomination will also have links set up to their sites. We hope to have all that ready to go by the time we send out our February newsletter.
 
As this is an election year, I’m expecting to generate more press releases.  The more we put our Party’s point of view on legislation and legal matters out there, the more people will see how we would handle situations.  Please email me at chair@michiganlp.org if you know of anything you believe the state should hear our perspective on.
 
Our Facebook page will continue to share the information it has been, but will also begin sharing information from our website (once it’s updated) so we can help boost our newsletters and candidates.
 
Announcements concerning a couple of events we will be hosting over the next several months will be coming shortly, so make sure you’re following our website, our Facebook page  and our newsletter for more information.
 
Kimberly McCurry, LPM Chair 

If you would like to contribute an article on the libertarian view of current events please send them to newsletter@michiganlp.org.

Thank you for reading the LPM Newsletter.

The Libertarian Party of Michigan does not solicit for any of the articles here in, links are listed for additional information to our readers.  What they choose to do with the knowledge is a choice we leave to them.