Specifically I am asking whether California's Proposition 8 has resulted in causing your marriage significant harm, as in my case I am proposing that it has been the primary cause resulting in my pending divorce. Yesterday, January 5, 2010, I was served divorce papers.
Those papers, filed by my wife, cite "irreconcilable differences" as the justification for our dissolution of marriage, but what, specifically, are those differences?
In my case those differences stem primarily from the Mormon church's (Church of Jesus Christ of Latter Day Saints) uncontestable role in aiding the passage of Proposition 8, and the fact that my wife, a Mormon who voted against Proposition 8, nevertheless refuses to abjure, condemn, and withdraw support to the Mormon church ex post facto. In plainer language, I hold that the Mormon church is primarily and demonstrably the principle fomenter of the resultant antagonism between my wife and me that has led to our divorce.
What I need to know is: am I alone the only person who believes him(her)self harmed in terms of damage to my marriage as caused by the Mormon church's support of Proposition 8, or are there others out there who can reasonably claim likewise?
I ask because I am contemplating suing the Mormon church for not only real and tangible damages, but also for pain and suffering in the form of mental anguish. It has been brought to my attention, however, that my better chance of success would more likely be through a class-action suit.
(Naturally I would also be seeking pro-bono legal counsel, as I have little to no financial resources available to pay for an attorney (or more probably several attorneys), but that is a bridge yet to cross.)
So as a first step to pursuing this idea, are there any of you out there who would be willing to sign on as co-plaintiffs in such a class-action lawsuit against the LDS church? Needless to say you would necessarily have to be able to demonstrate personal harm, i.e. defensible grounds for standing, in order to proceed.
I am no lawyer, nor even a legal scholar, but I do have some rudimentary understanding of tort law, and I think I have a case as this divorce is costing me several thousands of dollars, on the order of tens of thousands of dollars in direct loss, to reconcile, and the mental anguish it is causing me could perhaps go into the millions.
Should this case proceed and should I prevail, one stipulation I am willing at the outset to concede is that I will accept no personal profit from any judgement, only that remuneration of costs and expenses would be granted. Any and all other awarded damages would be pledged to furtherance of GLBT rights and related advocacy groups and organizations.
I realize I may be attempting to smite a Goliath and that my slingshot may be insufficient. That's why I'm asking if there are any others out there who may, alongside me, also have hard rocks and the courage to confront and fight an overwhelming opponent.
Or am I merely deluding myself that there is any chance of success in this vein?