Ismet Islami v. Kemper Independence Insurance Company
DueProcess FirstAmendment Privacy JusticiabilityDoctri
Whether the Wisconsin Supreme Court's decision deprives persons domiciled in Wisconsin of their fundamental liberty right to exercise their statutory entitlement to 'dissolution' of legal status as 'married' via a judicial 'decree of legal separation' under the Wisconsin Marital Property Act
QUESTIONS PRESENTED Introductory Statement This is a liberty based “due process” case. Enactment by the Wisconsin legislature of the Wisconsin Marital Property Act in 1986 provided all persons domiciled in the State of Wisconsin, and in particular, those of the Roman Catholic, Orthodox Jewish, and Muslim faiths, with a viable alternative legal proceeding to that of “divorce” to dissolve their legal status as “married” for all property and financial matters via a “decree of legal separation.” The Wisconsin Supreme Court explicitly nullified this legislatively conferred fundamental liberty right by its Decision in the instant case without a constitutionally sufficient rational basis. Question 1. Whether the Wisconsin Supreme Court Decision here petitioned from, in violation of the “due process” clause of the Fourteenth Amendment to the Constitution of the United States, deprives all persons domiciled in Wisconsin, of their fundamental liberty right to exercise their statutory entitlement to “dissolution” of legal status as “married” via a judicial “decree of legal separation” pursuant to the Wisconsin Marital Property Act. Question 2. Whether the Wisconsin Supreme Court Decision here petitioned from, in violation of the First and Fourteenth Amendments to the Constitution of the United States, infringes the “free exercise” of religious rights by denying to all persons domiciled in li QUESTIONS PRESENTED Continued Wisconsin who, for religious reasons, seek to exercise the right to civil dissolution of the legal status as “married” pursuant to the Wisconsin Marital Property Act via a judicial “decree of legal separation.”