Tag Archives: Nanny State

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.

Arthur Brooks: Europe’s core problems are demographic, not economic

AEI President Arthur C. Brooks writes about Europe’s most pressing problem in the far-left New York Times, of all places.

He writes:

According to the United States Census Bureau’s International Database, nearly one in five Western Europeans was 65 years old or older in 2014. This is hard enough to endure, given the countries’ early retirement ages and pay-as-you-go pension systems. But by 2030, this will have risen to one in four. If history is any guide, aging electorates will direct larger and larger portions of gross domestic product to retirement benefits — and invest less in opportunity for future generations.

Next, look at fertility. According to the Organization for Economic Cooperation and Development, the last time the countries of the European Union were reproducing at replacement levels (that is, slightly more than two children per woman) was the mid-1970s. In 2014, the average number of children per woman was about 1.6. That’s up a hair from the nadir in 2001, but has been falling again for more than half a decade. Imagine a world where many people have no sisters, brothers, cousins, aunts or uncles. That’s where Europe is heading in the coming decades. On the bright side, at least there will be fewer Christmas presents to buy.

There are some exceptions. France has risen to exactly two children per woman in 2012, from 1.95 in 1980, an increase largely attributed to a system of government payments to parents, not a change in the culture of family life. Is there anything more dystopian than the notion that population decline can be slowed only when states bribe their citizens to reproduce?

Finally, consider employment. Last September, the United States’ labor force participation rate — the percentage of adults who are either working or looking for work — reached a 36-year low of just 62.7 percent.

Yet as bad as that is, the United States looks decent compared with most of Europe. Our friends across the Atlantic like to say that we live to work, while they work to live. That might be compelling if more of them were actually working. According to the most recent data available from the World Bank, the labor force participation rate in the European Union in 2013 was 57.5 percent. In France it was 55.9 percent. In Italy, just 49.1 percent.

[…]It is true that good monetary and fiscal policies are important. But the deeper problems in Europe will not be solved by the European Central Bank. No matter what the money supply and public spending levels, a country or continent will be in decline if it rejects the culture of family, turns its back on work, and closes itself to strivers from the outside.

Either people keep their own money and run their own lives, or bureaucrats take their money and make the decisions about social programs. In America, we used to prefer the former, but Europe has been preferring the latter for decades. Would I get married and have kids in a society run by European bureaucrats? Do I want secular leftist public schools to tell my children what to believe? It doesn’t sound very exciting to me. And I’ll bet it doesn’t sound very exciting to a lot of men in Europe. Men don’t want to be taxed, so that they can be replaced by the state’s social programs. We want to chart our own course, and guide our own families. But that’s not OK with people who want to replace men with government social programs.

Christian college’s accreditation threatened over adherence to Christian moral values

If you are a Christian, then you take Bible as an authority in sexual matters. That means no sex before marriage. And no sex outside marriage. Period.

Check out this article from Boston Business Journal.

Excerpt:

The regional body that accredits colleges and universities has given Gordon College a year to report back about a campus policy on homosexuality, one that may be in violation of accreditation standards.

The higher education commission of the New England Association of Schools and Colleges met last week and “considered whether Gordon College’s traditional inclusion of ‘homosexual practice’ as a forbidden activity” runs afoul of the commission’s standards for accreditation, according to a joint statement from NEASC and Gordon College.

The commission asked Gordon College to submit a report next September. The report should describe the process by which the college has approached its review of the policy “to ensure that the College’s policies and procedures are non-discriminatory,” the statement said.

So it doesn’t matter to the commission what they teach in the classroom, it just matters that they toe the line on secular sexual ethics. Accreditation doesn’t mean having academic standards, it means that your moral beliefs have to match those of the commission.

If you want to contact the four women (1 president, 3 vice presidents) who lead the commission, their contact information is here. I’m sure that these four women believe that they are acting out of compassion and tolerance in order to promote diversity, but from my perspective, I just see it is as another case of secularists trying to force their moral views on Christians by threats and coercion.

Previously, Gordon College was in the news for asking for an exemption from Obamacare, which forces Christians to subsidize the cost of drugs that cause abortions.

From Campus Reform.

Excerpt:

The town of Salem, Mass., has pitted itself against Gordon College after the president of the private Christian school added his name to a public letter to President Obama asking for a religious exemption from a planned federal mandate.

The expected executive order would force any organization receiving federal funds, including religiously based organizations, to hire people whose sexual conduct may not fall in line with their beliefs. Gordon says the mandate would be an “infringement on religious liberty” and “the rights of faith-based institutions to establish a set of standards and expectations for their community.”

Gordon’s statement of faith and conduct defines marriage as the “lifelong one-flesh union of one man and one woman.” It also clarifies that the school is against “homosexual acts,” not “same-sex orientation,” and claims that it expects its students and faculty to “refrain from any sexual intercourse—heterosexual or homosexual; premarital or extramarital—outside of the marriage covenant.”

“Signing the letter was in keeping with our decades-old conviction that, as an explicitly Christian institution, Gordon should set the conduct expectations for members of our community,” Gordon College President Michael Lindsay said in a statement. “Nothing has changed in our position.”

[…]It was Lindsay’s signature that prompted Salem Mayor Kimberly Driscoll to publicly chastise the school, calling the small Christian college’s longstanding policies of expressly forbidding homosexual practices “offensive” in a statement released by the city. Driscoll went on to say that the city was revoking its contract with the college over the management of the city’s Old Town Hall facility.

“While I respect your rights to embed religious values on a private college campus, religious freedom does not afford you the right to impose those beliefs upon others and cannot be extended into a publicly owned facility or any management contract or a publicly owned facility, like Old Town Hall,” she said.

This Obamacare mandate is one of the cases that shows why I always urge Christians to vote for smaller and smaller government. The more money stays in our hands, the more freedom we have to run our own lives. The more money we transfer to people in secular governments, the more power they have to intrude into our lives and force their beliefs on us. Part and parcel of the rejection of God as an authority figure is the desire to get the approval of everyone else around you for acting immorally and selfishly. When people reject God, they feel guilty, and it causes them to want to surround themselves with people who tell them that they are actually doing the right thing by doing the wrong thing. But no amount of celebration of their selfishness is enough, and that’s why the secular left is so much in favor of taxpayer-funded abortion, restricting disagreement with homosexuality and so on.

One way to stop their desire to get us to celebrate and affirm their immorality is to cut off the flow of money from families and job creators to the secular government. They should be getting no more of what we make than they need to perform their jobs – e.g., building roads, maintaining armed forces, etc. The more we can privatize things like education, health care, etc., the more free we will be. That could go as far as privatizing or even abolishing entire government departments.

Jennifer Roback Morse on the injustice of the American family court system

Here is an article by marriage-defender Jennifer Roback Morse about one of the biggest challenges to life-long married love.

Excerpt:

Easy divorce opens the door for an unprecedented amount of government intrusion into ordinary people’s lives. This unacknowledged reality is the subject of Taken Into Custody, by Stephen BaskervilleWith penetrating insight, the political scientist exposes the truly breathtaking consequences of no-fault divorce for the expansion of state power and the decline of personal autonomy.

First, no-fault divorce frequently means unilateral divorce: one party wants a divorce against the wishes of the other, who wants to stay married. Kim Basinger dumped Baldwin for no particular reason, unleashed the power of the Los Angeles Family Court system to inflict pain on him and, in the process, inflicted untold damage on their child. Second, the fact that one party wants to remain married means that the divorce has to be enforced. Baldwin wanted to stay married and to continue to be a husband and father. Yet, the coercive and intrusive machinery of the state must be wheeled into action to separate the reluctantly divorced party from the joint assets of the marriage, typically the home and the children.

Third, enforcing the divorce means an unprecedented blurring of the boundaries between public and private life. People under the jurisdiction of family courts can have virtually all of their private lives subject to its scrutiny. If the courts are influenced by feminist ideology, that ideology can extend its reach into every bedroom and kitchen in America. Baldwin ran the gauntlet of divorce industry professionals who have been deeply influenced by the feminist presumptions that the man is always at fault and the woman is always a victim. Thus, the social experiment of no-fault divorce, which most Americans thought was supposed to increase personal liberty, has had the consequence of empowering the state.

Some might think the legacy of no-fault divorce is an example of the law of unintended consequences in operation. That assumes its architects did not intend for unilateral divorce to result in the expansion of the state. But Baskerville makes the case in this book—as well as his 2008 monograph, “The Dangerous Rise of Sexual Politics,” in The Family in America—that at least some of the advocates of changes in family law certainly have intended to expand the power of the state over the private lives of law-abiding citizens.

She explains who is really behind the attempt to destroy marriage, and the answer might shock you.

It’s important for people to understand the real reasons why people are not getting married, so that we can do something to encourage them to marry that really fixes the problem. If you don’t understand the threats that men are seeing with respect to marriage, it might be a good idea to take a look at this essay by Stephen Baskerville, hosted by the Christian Touchstone magazine. It’s a summary of the book that Dr. Morse reviewed. I consider that book “Taken Into Custody” to be a must-read for anyone contemplating marriage.

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.