Tag Archives: Government

Should government get out of the marriage business?

Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

Here are three articles by Jennifer Roback Morse posted at The Public Discourse. The articles answer the charge from social liberals and libertarians that government should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government intervention to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights. Again, this will require an expansion of government to resolve the disputes.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children. Libertarianism means that adults get to do what they want, and no one speaks for the kids.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents nearby. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that adults can pursue fun and thrills.

Is the root cause of crime poverty or fatherlessness?

Marriage and family
Marriage and family

If we were really serious about stopping crime, then we should go after the root cause of crime. So what is that root cause? The answer might surprise you.

Here is Dr. Robert Rector of the Heritage Foundation to explain:

Census data and the Fragile Families survey show that marriage can be extremely effective in reducing child poverty. But the positive effects of married fathers are not limited to income alone. Children raised by married parents have substantially better life outcomes compared to similar children raised in single-parent homes.

When compared to children in intact married homes, children raised by single parents are more likely to have emotional and behavioral problems; be physically abused; smoke, drink, and use drugs; be aggressive; engage in violent, delinquent, and criminal behavior; have poor school performance; be expelled from school; and drop out of high school.[19] Many of these negative outcomes are associated with the higher poverty rates of single mothers. In many cases, however, the improvements in child well-being that are associated with marriage persist even after adjusting for differences in family income. This indicates that the father brings more to his home than just a paycheck.

The effect of married fathers on child outcomes can be quite pronounced. For example, examination of families with the same race and same parental education shows that, when compared to intact married families, children from single-parent homes are:

  • More than twice as likely to be arrested for a juvenile crime;[20]
  • Twice as likely to be treated for emotional and behavioral problems;[21]
  • Roughly twice as likely to be suspended or expelled from school;[22] and
  • A third more likely to drop out before completing high school.[23]

The effects of being raised in a single-parent home continue into adulthood. Comparing families of the same race and similar incomes, children from broken and single-parent homes are three times more likely to end up in jail by the time they reach age 30 than are children raised in intact married families. [24] Compared to girls raised in similar married families, girls from single-parent homes are more than twice as likely to have a child without being married, thereby repeating the negative cycle for another generation.[25]

Finally, the decline of marriage generates poverty in future generations. Children living in single-parent homes are 50 percent more likely to experience poverty as adults when compared to children from intact married homes. This intergenerational poverty effect persists even after adjusting for the original differences in family income and poverty during childhood.[26]

People on the left claim that poverty causes crime, but they don’t look for the root cause of poverty. The root cause of poverty is the decline of marriage, which produces fatherless children. Unfortunately, some people promote the decline of marriage because they do not like the “unequal gender roles” inherent in marriage. So what is the main tool that the anti-marriage people use to increase the number of fatherless children?

Dr. Michael Tanner of the libertarian Cato Institute explains one of the causes of fatherlessness in his testimony to Congress:

Welfare contributes to crime in several ways. First, children from single-parent families are more likely to become involved in criminal activity. According to one study, children raised in single-parent families are one-third more likely to exhibit anti-social behavior.(3) Moreover, O’Neill found that, holding other variables constant, black children from single- parent households are twice as likely to commit crimes as black children from a family where the father is present. Nearly 70 percent of juveniles in state reform institutions come from fatherless homes, as do 43 percent of prison inmates.(4) Research indicates a direct correlation between crime rates and the number of single-parent families in a neighborhood.(5)

As Barbara Dafoe Whitehead noted in her seminal article for The Atlantic Monthly:

The relationship [between single-parent families and crime] is so strong that controlling for family configuration erases the relationship between race and crime and between low income and crime. This conclusion shows up time and again in the literature. The nation’s mayors, as well as police officers, social workers, probation officers, and court officials, consistently point to family break up as the most important source of rising rates of crime.(6)

At the same time, the evidence of a link between the availability of welfare and out-of-wedlock births is overwhelming. There have been 13 major studies of the relationship between the availability of welfare benefits and out-of-wedlock birth. Of these, 11 found a statistically significant correlation. Among the best of these studies is the work done by June O’Neill for the U.S. Department of Health and Human Services. Holding constant a wide range of variables, including income, education, and urban vs. suburban setting, the study found that a 50 percent increase in the value of AFDC and foodstamp payments led to a 43 percent increase in the number of out-of-wedlock births.(7) Likewise, research by Shelley Lundberg and Robert Plotnick of the University of Washington showed that an increase in welfare benefits of $200 per month per family increased the rate of out-of-wedlock births among teenagers by 150 percent.(8)

The same results can be seen from welfare systems in other countries. For example, a recent study of the impact of Canada’s social-welfare system on family structure concluded that “providing additional benefits to single parents encourages births of children to unwed women.”(9)

The poverty that everyone complains about is not the root cause of crime. The poverty is caused by fatherlessness. The fatherlessness is caused by welfare. Fatherlessness is also caused by laws and policies that make it easier for people to divorce, e.g. – no-fault divorce laws. Again, it’s people on the left who push for no-fault divorce laws. So the left is pushing two policies, welfare and no-fault divorce, which cause crime.

Should Christians seek to help the poor by growing a secular government?

I found a paper (PDF) on the University of Washington web site that makes the case for why Christians ought to care about more than just social issues when it comes to politics and elections.

Here’s the abstract:

What accounts for cross-national variation in religiosity as measured by church attendance and non-religious rates? Examining answers from both secularization theory and the religious economy perspective, we assert that cross-national variation in religious participation is a function of government welfare spending and provide a theory that links macro-sociological outcomes with individual rationality. Churches historically have provided social welfare. As governments gradually assume many of these welfare functions, individuals with elastic preferences for spiritual goods will reduce their level of participation since the desired welfare goods can be obtained from secular sources. Cross-national data on welfare spending and religious participation show a strong negative relationship between these two variables after controlling for other aspects of modernization.

Here’s the conclusion:

It is quite apparent that there is a strong statistical relationship between state social welfare spending and religious participation and religiosity. Countries with higher levels of per capita welfare have a proclivity for less religious participation and tend to have higher percentages of non-religious individuals. People living in countries with high social welfare spending per capita even have less of a tendency to take comfort in religion, perhaps knowing that the state is there to help them in times of crisis.34 As laid out in the theory above, there is likely a substitution effect for some individuals between state-provided services and religious services. Religion will still be there to serve the spiritual needs of people seeking answers to the philosophic mysteries of life, but those who value those spiritual goods less than the tangible welfare benefits churches provide will be less likely to participate in religious services once secular substitutes become available. Given that religious practice and values are often passed down from generation to generation, the weakening of practice in one generation will likely translate into weaker practice in subsequent generations. Does this mean that secularization theory is correct in its prediction that religion will gradually fade away? Doubtful. Realizing that there is still a yearning among many people to understand the mysteries of life, religion is not likely to dissipate at any time soon. Government simply cannot offer credible substitutes for these less tangible, supernatural goods. The explosion in spirituality once religion was made legal in former Soviet bloc countries lends credence to this assertion (Greeley 1994). As religious markets become more deregulated in various parts of the world, it is likely that new religious movements will take advantage of increased liberty and discover ways to expand.

Perhaps one of the most important lessons from the findings above is that the religiosity of a society is not simply determined by sociological factors. Government policy can play an important role in shaping the religiosity of a nation. Policies aimed at regulating the activities of religious organizations — from tax laws to zoning regulations — have important effects on the firms that supply religious goods and services. Many of these policies are designed consciously to promote or inhibit religious practice. Alternatively, welfare policy has been shown here to unintentionally affect the demand for religious services, likely over the course of generations. And, finally, since an extensive welfare state is considered by many to be a hallmark of modernized societies, the microfoundational analysis presented above provides a way of incorporating a component part of the secularization thesis (which relies heavily on notions of modernization) into the religious economy perspective.

Have you ever heard a sermon that addresses the size of government and individual liberty and prosperity? I haven’t. You’d have to be reading Christian scholars like Wayne Grudem or Jay Richards to find that. The typical church you attend either praises big government or says nothing about it. After all, we can keep making withdrawals on the liberties we have right now without ever worrying about having to make any deposits, right? Everything will be fine, and it’s easier not to have to think about what’s down the road to serfdom, so long as the scenery is nice for us right now. Religion is primarily about comfort, not truth. Right?

The funny thing is that when I talk to most Christians about this, especially non-Americans, they simply don’t have the knowledge of economics to understand how big government affects liberty, prosperity and security. Few of my international friends read people like F.A. Hayek and Thomas Sowell, and there are not that many people reading them here at home, either. Maybe we should be, though.

Stephen Baskerville: five myths about no-fault divorce

From the Catholic News Agency.

Introduction:

Almost four decades after the “no-fault” divorce revolution began in California, misconceptions abound. Even the many books about divorce, including myriad self-help manuals, are full of inaccurate and misleading information. No public debate preceded the introduction of no-fault divorce laws in the 1970s, and no debate has taken place since.

Yet divorce-on-demand is exacting a devastating toll on our children, our social order, our economy, and even our constitutional rights. A recent study estimates the financial cost of divorce to taxpayers at $112 billion annually. Recent demands to legitimize same-sex marriage almost certainly follow from the divorce revolution, since gay activists readily acknowledge that they only desire to marry under the loosened terms that have resulted from the new divorce laws. Divorce also contributes to a dangerous increase in the power of the state over private life.

Here are the five myths about no-fault divorce:

  • No-fault divorce permitted divorce by mutual consent, thus making divorce less acrimonious
  • We cannot force people to remain married and should not try
  • No-fault divorce has led men to abandon their wives and children
  • When couples cannot agree or cooperate about matters like how the children should be raised, a judge must decide according to “the best interest of the child”
  • Divorce must be made easy because of domestic violence

And the details about number three:

Myth 3: No-fault divorce has led men to abandon their wives and children.

Fact: This does happen (wives more often than children), but it is greatly exaggerated. The vast majority of no-fault divorces — especially those involving children — are filed by wives. In fact, as Judy Parejko, author of Stolen Vows, has shown, the no-fault revolution was engineered largely by feminist lawyers, with the cooperation of the bar associations, as part of the sexual revolution. Overwhelmingly, it has served to separate large numbers of children from their fathers. Sometimes the genders are reversed, so that fathers take children from mothers. But either way, the main effect of no-fault is to make children weapons and pawns to gain power through the courts, not the “abandonment” of them by either parent.

Al Mohler wrote about the history of no-fault divorce a while back, and I think it’s worth reviewing why we have this lousy law.

The story behind America’s love affair with no-fault divorce is a sad and instructive tale. As Baskerville documents, no-fault divorce laws emerged in the United States during the 1970s and quickly spread across the nation. Even though only nine states had no-fault divorce laws in 1977, by 1995, every state had legalized no-fault divorce.

Behind all this is an ideological revolution driven by feminism and facilitated by this society’s embrace of autonomous individualism. Baskerville argues that divorce “became the most devastating weapon in the arsenal of feminism, because it creates millions of gender battles on the most personal level.” As far back as 1947, the National Association of Women Lawyers [NAWL] was pushing for what we now know as no-fault divorce. More recently, NAWL claims credit for the divorce revolution, describing it as “the greatest project NAWL has ever undertaken.”

The feminists and NAWL were not working alone, of course. Baskerville explains that the American Bar Association “persuaded the National Conference of Commissioners on Uniform State Laws [NCCUSL] to produce the Uniform Marriage and Divorce Act.” Eventually, this led to a revolution in law and convulsions in society at large. This legal revolution effectively drove a stake into the heart of marriage itself, with inevitable consequences. In effect, no-fault divorce has become the catalyst for one of the most destructive cultural shifts in human history. Now, no-fault divorce is championed by many governments in the name of human rights, and America’s divorce revolution is spreading around the world under the banner of “liberation.”

And note that Democrats oppose any effort to reform laws that make it easy to break up marriages:

A basic dishonesty on the question of divorce pervades our political culture. Baskerville cites Michigan governor Jennifer Granholm as referring to divorce as a couple’s “private decision.” Granholm’s comments came as she vetoed a bill intended to reform divorce law in her state. The danger and dishonesty of referring to divorce as a couple’s “private decision” is evident in the fact that this supposedly private decision imposes a reality, not only on the couple, but also on children and the larger society. Indeed, the “private decision” is really not made by a couple at all–but only by any spouse demanding a divorce.

So, no-fault was pushed by two groups: feminists and trial lawyers.

There’s a lot of talk these days about gay marriage and how it undermines marital norms and normalizes raising children without either their biological father or biological mother. But before there was gay marriage, there was no-fault divorce, which deprives children of their biological father. There is no provision for no-fault divorce in the Bible, so it seems to me that Christians should be against frivolous divorce just like we are against same-sex marriage.

Is the EPA paying researchers to produce only the results they want?

Atmospheric temperature measurements though April 2015
Atmospheric temperature measurements though April 2015

This remarkable story is from the Daily Signal.

It says:

Researchers from Harvard University, Syracuse University and four other institutions used climate models to predict the impact the EPA’s proposed carbon emissions reductions would have on human health. And not surprisingly, it turned out the government’s plan was not just among the options that would produce positive results but was, in fact, the best way to achieve the goals.

But there was a line in this story that sets it apart. Jonathan Buonocore, a research fellow at Harvard’s Center for Health and the Global Environment, told U.S. News the EPA did not participate in the study or interact with its authors.

But it seems the agency did participate and did interact with the authors.

The chain of emails went back and forth as the researchers and the agency both sought to add participants to the call. The fact the research showed precisely what the government wanted it to and that the government’s own proposal, when mimicked by researchers, produced the best results further raise suspicion.

[…]The scientists who produce this government-favored research not only have begun to cash in at taxpayers’ expense, but they’ve also begun to ask the agency for help with fundraising.

The study’s authors got about $45 million in research grants from the EPA, and that is taxpayer’s money.

But surely scientists who are critical of bigger government receive the same government-funding and support, right? After all, research is about truth, and the government just funds research that is truth-focused, right?

Not so much:

Willie Soon, an astrophysicist with the Harvard-Smithsonian Center for Astrophysics, co-authored a paper published in January that found the models used in the UN’s Intergovernmental Panel on Climate Change are laced with mathematical errors. Soon then endured an avalanche of criticism of his funding sources and implications he had shaped his findings to please them.

It mattered not that he got only about $60,000 per year from the one “compromised” source or that the compromised source was the Smithsonian or that he had not known where the Smithsonian got the money it paid him.

Then, a few days after the New York Times piece on Soon appeared, Congress got into the act. Rep. Raul Grijalva, D-Ariz., ranking minority member on the House Natural Resources Committee, sent letters to seven universities asking for documents on climate change research connected with scientific skeptics who have questioned the premise of anthropogenic (man-made) global warming.

This was followed by a letter from Sens. Edward J. Markey, D-Mass., Barbara Boxer, D-Calif., and Sheldon Whitehouse, D-R.I., to 100 fossil fuel companies, trade groups, and other outfits “to determine whether they are funding scientific studies designed to confuse the public and avoid taking action to cut carbon pollution, and whether the funded scientists fail to disclose the sources of their funding in scientific publications or in testimony to legislators.”

Indeed, the deck remains stacked against those who dare to stray from the government message on global warming, and the conflicts of interest seem concentrated on the researchers and scientists who accept government money, according to William Happer, a professor of physics at Princeton University.

“Unless you accept the alarmist position and the dictates of the [Obama] administration, you cannot typically receive government funding,” said Happer.

It’s no wonder that so many Republicans, myself included, put the EPA in the list of Departments we would abolish. For me it’s the Department of Education, the EPA, the Department of Energy and IRS. Just get rid of the public sector bureaucracy at the federal level and push it down to the state and local levels. And privatize as much of it as possible.