5/3/06 Legislative
Testimony – Dan Simon
Chairman Wentworth and members of the Committee,
my name is Dan Simon. I’m a member of People
for Equal Parenting. Thank you for the
opportunity to testify.
Just like the other two PEP members you’ve heard
from today, I think my divorce was typical.
During my legal proceedings neither me nor my
ex-spouse ever accused, much less proved, that
the other is an unfit parent. But after our
divorce each of us has always been treated
differently than the other, regarding time with
our children. I’ve always been troubled by
this. As a result, sometime ago I joined PEP.
I understand that the legislature presumes the
constitutionality of all statutes it passes and
that it’s up to the courts to hear
constitutional challenges. I both hope and
trust that this doesn’t mean that this
Committee, composed as it is principally of
attorneys, doesn’t want to consider problems
with the legality of the statutes it passes.
Surely years after Jim Crow met his deserved
fate, no legislature wants to be less than
scrupulous on this score.
On the PEP website at
www.pepintexas.org there is an omnibus
complaint alleging various constitutional
problems with Texas’ statutory scheme for
unequally distributing child custody between fit
parents. I’ve attached a copy of it to this
testimony for the Committee’s convenience.
PEP’s Chairman of the Board, Jim Loose,
has informed me that former Texas Second Court
of Appeals judge William Brigham has suggested
to Mr. Loose from the bench that he bring the
arguments in the omnibus complaint to the
legislature’s attention. The purpose of my
testimony today is to do as Judge Brigham
suggested.
Thank you, Chairman Wentworth and the members of
the Committee for your kind attention.
