Branowski v. Blondin

1988 Mass. App. Div. 27, 1988 Mass. App. Div. LEXIS 1
CourtMassachusetts District Court, Appellate Division
DecidedFebruary 17, 1988
StatusPublished
Cited by1 cases

This text of 1988 Mass. App. Div. 27 (Branowski v. Blondin) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Branowski v. Blondin, 1988 Mass. App. Div. 27, 1988 Mass. App. Div. LEXIS 1 (Mass. Ct. App. 1988).

Opinion

Shubow, J.

This report involves the claim of a father, respondent in an interstate child support proceeding under G.L.c. 273A, that the trial judge’s order required him to make support payments that would violate his sincerely-held religious beliefs. We conclude that the judge’s rulings were consistent with prevailing law in that the obligations of parents to provide child support and the state’s interest in seeing that children receive such support transcend any religious tenets adhered to by the appellant.

Summarizing the findings made by the trialjudge, it appears that the parties were married in New Hampshire in 1969. There were three children, all minors at the time of trial. The parties were divorced in 1981 in a “no fault” proceeding in New Hampshire; the wife received custody and a support order of $99 per week.

Immediately prior to the divorce in 1981, when the defendant in a business post was earning $22,000 per year, he underwent a religious experience, gave up his career, and became a full-time Bible student and later religious teacher. From that time forward, the defendant consistently asserted that his religious beliefs interdicted any support payments. By 1985, he had accumulated an arrearage under the New Hampshire decree of over $20,000.

The trialjudge considered the religious beliefs to be sincere. We repeat the trial judge’s summary of these beliefs, not because we sit in judgment upon them nor dispute them (see United States v. Ballard, 322 U.S. 78 [1944]) but simply to place the defendant’s position in context:'

Stated in a nutshell, the religious belief consists of the fact that divorce can only be for adultery, not no fault; that remarriage of one of the parties results in a sinful and adulterous relationship and the [28]*28essence of this belief is that he cannot contribute to his children where his support would contribute to the environment of his former wife.

The defendant did, however, indicate he could, within his system of belief, support his children if he was exercising custody of them. If he was given custody he would find the means to provide support.

The defendant made the following requests for rulings of law:

1. Sincere religious beliefs burdened by state requirements.
2. Nature and form of state interest, to include whether it is in least restrictive form.
3. State interest is religious in nature, so there is preference for state religion over defendant’s religion, violating Establishment Clause provisions of Massachusetts and United States Constitutions.
4. It is against public policy to enforce New Hampshire support order when defendant’s religious beliefs are burdened substantially with less than compelling state interest and when state interest is not in its least restrictive form.
5. Defendant’s free exercise rights undér United States and Massachusetts Constitutions made duty of support and determination of present ability to pay unconstitutional as applied.
6. Defendant’s Equal Protection rights are violated by state’s (New Hampshire and Massachusetts) requirement that defendant provide support in this case.
7. GAL’s report shows preference for Mary Lou Branowski’s religion.

The trial judge correctly denied each of them.1

We resolve the claims of the defendant by recitals of the legal principles now firmly in place. The activities of individuals even when religiously based are often subject to state regulation in the exercise of its undoubted power to promote the health, safety and general welfare. Wisconsin v. Yoder, 406 U.S. 205, 220 (1972). In Yoder (where the U.S. Supreme Court recognized the right of people of Amish persuasion to reject, on religious grounds, an additional two years of compulsory formal high school education) the court pointed out that there was no issue of “harm to the physical or mental health of the child or to the public safety, peace, order, or welfare” involved. The same cannot be said of as fundamental an issue as support.

The breach of the duty to support one’s children has been described as “a crime against society.” Commonwealth v. Brasher, 359 Mass. 550, 556-557 (1971). This duty of support follows the obligor wherever he may be located. Keene v. Toth, 335 Mass. 591, 593 (1957). The Commonwealth’s duty, as the “responding state” in this matter, is £o establish whether a duty to support exists, and, if so, to order support in a “reasonable amount.” G.L.c. 273A, § 10. The district court has no statutory authority under the act to alter a custody decree of a sister state. URESA is not intended to permit either spouse to relitigate a custody decree issued by a court with proper jurisdiction. “To hold otherwise would be to ignore completely the needs of the child and allow him to be a victim of circumstances beyond his control.” Souza v. Kokoszka, 36 Mass. App. Dec. 199, 206 (1965). The defendant offers no legally permissible less restrictive means of assuring support, and the lower court properly held there was none. The district court was not authorized to disturb the custody [29]*29determinations of the New Hampshire Superior Court. See the Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, 94 Stat. 3569. The report discloses the defendant has already unsuccessfully challenged the New Hampshire custody judgment in that forum on what appears to be the same religious ground asserted here.

The defendant also argues that enforcing the support decree would violate the Establishment Clause provisions of the Massachusetts and United States Constitutions. The defendant claims that the Commonwealth is preferring one religion over another if it requires him to provide child support.

To justify state action against an Establishment Clause attack, the action must have a secular purpose, a primary secular effect, and the absence of excessive entanglement with religious practices. Lemon v. Kurtzman, 403 U.S. 602, 612-613 (1971). The Commonwealth’s decision to require a father to support his minor children clearly has a secular purpose. If the government’s action is classified as non-secular merely because it conflicted with the beliefs of one religion, almost all legislation would fall to an Establishment Clause attack. The duty to support does not.have a primary effect of inhibiting or advancing a religion. The Commonwealth’s decision whether to order support, and the amount to order, does not influence the pursuit of religious beliefs in any more than the most tangential and insignificant way. The trial judge reviewed the evidence in establishing the $99 a week amount but did not pass upon the religious beliefs involved. Nor is there any evidence that the support legislation requires any greater “entanglement” with organized religions than any other type of legislation.

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Bluebook (online)
1988 Mass. App. Div. 27, 1988 Mass. App. Div. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branowski-v-blondin-massdistctapp-1988.