Category Archives: Polemics

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. Christians rolled over for it because we thought we fell for the myths that no-fault divorce was “compassionate”. That was a mistake, and one we need to roll back. (By the way, that’s not a bad post by Al Mohler. I pick on him for having his head stuck in the Bible, but it looks like he has a comprehensive view of marriage)

The reason I am writing about this is because of a post by Dr. Jerry Walls (H/T First Things) where he said that people who are opposed to gay marriage tend to say nothing at all against premarital sex and no-fault divorce. Well, I am against gay marriage and I am also personally a virgin and I would repeal premarital sex promotion in the schools and no-fault divorce in the courts if I could. And in fact regular readers know that I am always blogging about the damage caused by divorce and the damage caused by premarital sex, usually with study after study to support my views. I don’t just say “the Bible says” and expect that to transform a culture that is largely indifferent or even hostile to what the Bible says.

I think that Christians need to become experts on everything from the fine-tuning of the cosmological constant to no-fault divorce to the Laffer curve to undesigned coincidences in the New Testament sources to WMD development and proliferation in rogue nations like North Korea and Iran. The more people regard Christians as intelligent, informed and circumspect, the more people will be curious about the gospel. We have to know everything about everything and we have to be concerned about every conflict between Christian convictions and what’s happening in the world. Studying the way the world works is one way of serving God and defending his honor with people who want to dismiss him, and dismiss their obligations to him.

How do *you* define morality? Three options and a challenge

I saw that Brian Auten tweeted this thought-provoking post from Come Reason Ministries

He starts with this:

In my posts on natural marriage and the recent Supreme Court decision on DOMA, I had made the claim that the Supreme Court cannot define morality. There are many people in the world who will claim that simply because an action is legal it is thus moral; I argue that the former does not necessarily imply the latter. But others have been confused on how I can make such a claim. So, I’d like to back up a bit and talk about just what I mean when I speak of morals and morality. 

The study of morality—what it is, how we come to know it, and its distinctions—is a field of study known as ethics. There are several ethical theories on just what morality is, but I will focus on the three main ways people define moral principles: the emotive definition of morality, the subjective definition of morality, and objective definition of morality.[1]Within the objective view, there are two more subsets: morality stemming from the nature of man and morality that transcends man’s nature.

It lists 3 views of morality:

  1. THE EMOTIVE DEFINITION OF MORALITY
  2. THE SUBJECTIVE DEFINITION OF MORALITY
  3. THE OBJECTIVE DEFINITION OF MORALITY

And then he explains each one.

I think that it is tremendously difficult to make sense of morality unless morality is objective. In my set of marriage questions for women, I wrote about how important the idea of objective morality is for marriage:

4. The moral argument

What is the is-ought fallacy? What is the difference between moral objectivism and moral relativism? Give one reason why moral relativism is false. Give one reason why an atheist cannot rationally ground prescriptive morality. Explain why objective morality relates to God’s existence.

SAMPLE ANSWER: Explain the is-ought fallacy. Explain objective and subjective morality. Discuss the reformer’s dilemma and how it refutes relativism. Explain that atheism requires materialism, and materialism denies free will – so moral choices are impossible. Outline the moral argument.

BONUS POINTS: Give more than one reason where only one was asked for, refute attempts to assert objective morality on atheism, explain how moral obligations are related to God’s design for humans.

WHY IT MATTERS: You can’t marry a person who thinks that the moral law is not a brake on their desire to be happy. There are going to be times in the marriage when self-sacrifice is required by the moral law – either for you, for God, or for the children. It will not be easy to be moral then, so you are looking for someone who thinks that morality is real, and not subject to their feelings and whims. It might be worth asking the person when she has had to do the right thing when it was against her self-interest, like those valedictorians who name Jesus in their speeches and then get censored.

It’s scary that people have let behind the notion of morality as a real, objective thing. What I see emerging from that is that the weakest people in society (unborn and born children) will suffer from the selfish decisions of the adults. I’ve been warning about that for a while now.

Christianity and the doctrines of exclusivism, inclusivism and pluralism

Are you familiar with the differences between exclusivism, inclusivism and pluralism? This article from Leadership University explains all three of them.

Here’s exclusivism:

The following is a succinct explanation of the central characters and ideas behind each position. The exclusivist position has been the dominant position of the church as a whole through much of its history until the Enlightenment. Major representatives include Karl Barth, Emil Brunner, Hendrick Kraemer, D.A. Carson, William Lane Craig, and R. Douglas Geivett.

Key to this position is the understanding of God’s general and special revelations. God is manifested through creation (general revelation), but Man has responded by freely going against this revelation and, thus, stands guilty before a holy God. However, God has demonstrated a reconciliatory mercy through His word and deed, fulfilled completely in Jesus Christ. The historical person of Jesus, then, is the unique, final, decisive, and normative self-revelation of God to Man (special revelation). Exclusivists believe that Jesus Christ is the sole criterion by which all religions, including Christianity, should be understood and evaluated. Calvin Shenk explains:

Christ did not come just to make a contribution to the religious storehouse of knowledge. The revelation which he brought is the ultimate standard. Since in Christ alone is salvation and truth, many religious paths do not adequately reflect the way of God and do not lead to truth and life. Jesus is not, therefore, just the greatest lord among other lords. There is no other lord besides him.

Specific texts often employed by exclusivists include Acts 4:12; John 14:6; 1 Corinthians 3:11; and 1 Timothy 2:5-6.

And inclusivism:

Inclusivism is a blanket term to characterize a sort of “middle way” between exclusivism and pluralism. Most prominent within mainline Protestantism and post-Vatican II Catholicism, its notable proponents (in one formor another) include Karl Rahner, Raimundo Panikkar and Stanley Samartha, and Hans Kung. Evangelical theologians such as Clark Pinnock, Norman Anderson, and John Sanders have also identified themselves with this position. Herein, the agnosticism associated with the latter option above is replaced with outright optimism. Christian salvation is not confined to the historical or geographic extent special revelation has spread, rather it must be available to all cultures, irrespective of age or geography.Salvation is still posited wholly in Christ and his salvific work. Specific knowledge of this work, however, is not necessary for the effect (i.e., salvation) to apply to those within a different religious culture who have responded to the general revelation available. Once again, Shenk explains:

Inclusivists want to avoid monopolizing the gospel of redemption. They acknowledge the possibility of salvation outside of Christian faith or outside the walls of the visible church, but the agent of such salvation is Christ, and the revelation in Jesus is definitive and normative for assessing that salvation. Jesus Christ is believed to be the center, and other ways are evaluated by how they relate to him. Other religions are not just a preparation for Christ, but Christ is actually present in them.

The fundamental differences between exclusivism and inclusivism… are the nature and the content of “saving faith.” The former emphasizes explicit faith while the latter points to an implicit faith.

And pluralism:

Finally, there is the pluralist position. This is undoubtedly the most difficult of the three to define in any general sense. The spectrum of pluralistic thought is as wide as it is long. The focusof this particular study will examine the contributions of its key figures: Paul Knitter, John Hick, and Wilfred Cantwell Smith. Just as in the previous positions, the interpretative range within just these three individuals varies. It is fitting, however, to focus primarily on them since they are the most vocal and influential figures espousing pluralism today.

Hick and Knitter argue the case for pluralism on the following grounds: (1) ethically, it is the only way to promote justice in an intolerant world; (2) in terms of the “ineffability of religious experience,” so no religion can claim an absolutist stance; and (3) through the understanding that historical and cultural contexts must be the filter for any absolute religious claim. Hick has argued that all world religions attempt to relate to the unknowable Ultimate Reality (or, the Real), but because of their various cultural and historical contexts these attempts are all naturally different. Hence the various conceptions of the Real and the salvation(s) sought. The common soteriological goal, toward which all religions strive, though, is rooted in the desire to transcend self-centeredness and, in turn, encounter a new (unexplainable) experience with the Real. But, he emphatically emphasizes the fact that there is “no public evidence that any one religion is soteriologically unique or superior to others and thus has closer access to Ultimate Reality.”

Therefore, with pluralism, Christ is no more definitive or normative than any religious figure or concept. Or, as Andrew Kirk explains, “Rather than confessing that Jesus Christ is the one Lord over all, this view asserts that the one Lord who has manifested himself in other names is also known as Jesus.” By “crossing the Rubicon,” as Hick and Knitter illustrate, Christians are encouraged to abandon any claim of Christian uniqueness and the possibility of absolute revelation, accepting the fact that the Christian faith is one among many options.

Now maybe you didn’t know this, but Roman Catholics seem to have taken a turn away from exclusivism and towards inclusivism in the last century.

So, I thought I would post a rebuttal to the Roman Catholic embrace of inclusivism from one of my favorite Christian apologists, Greg Koukl.

Excerpt:

There are some issues of Christianity that are intra-Nicene, intramural discussions between believers, in which I think a charitable person can easily see how another Christian can hold a different view because there are things that are difficult to understand in Scripture. For instance, though I’m Reformed in my soteriology, my understanding of salvation–I’m a Calvinist–I am sympathetic to an Arminian perspective because I can see how they, in lines of reasoning from the New Testament and verses themselves from the New Testament, can come to their view. So, though I would disagree, and I think they’re mistaken, I understand how they can see it.But there are other positions that I cannot understand because there is no New Testament evidence in favor of it, and, to the contrary, almost to a word, as the New Testament touches the issue, it says quite the opposite.

Earlier this week, I was honored, flattered, and, frankly, humbled to have a very unique opportunity on Monday to address an audience of about 150 Jewish people that were in the midst of Jewish High Holy Day services–morning services, evening services–at kind of a pause time in the afternoon, in which my host and I and another guest had a discussion about Jews and Christians. The three of us were on the panel:  my host, Dennis Prager, a man I have a tremendous admiration and affection for, and Greg Coiro, a Roman Catholic priest and a professional friend. I’ve known both of these men over 20 years and have been in many discussions, both in private and public on the air with Dennis and Greg Coiro.

It was in this opportunity that, in a sense, the ancient quarrel of sorts, theologically, was revisited, that I’ve had in the past many years ago when we were talking about this in interfaith dialogues. This difference of opinion is a historically new development in Roman Catholicism that stunned me when I first encountered it in the early days of being on Religion on the Line in the late eighties, a radio panel Dennis Prager hosted for many years. The priests on the panel uniformly held the conviction, informed by Vatican II, that Jews don’t have to believe in Jesus in order to receive the benefits of Jesus’ salvation. This is a view called “inclusivism.” It’s not the same as pluralism, but in my view, it seems to have the same impact: “Yes, Jesus is necessary for salvation, but you don’t have to believe in Jesus to benefit from Jesus.”

Now, at this afternoon panel recently, the very first question that came up was whether trust in Jesus is necessary for salvation. “Greg, do you believe that? Do Protestants believe that?” I answered, “Yes, I believe that. And no, not all Protestants believe that. But let me try to explain it to you in a way that doesn’t sound so stark. Let me try to give it some perspective.” I explained that it wasn’t as if God was up there looking down at a bunch of religious clubs and prefers some over others. He used to prefer the Jewish club and now He prefers the Christian club. It may sound that way to many when this doctrine of Christianity is put forward: Jesus is the only way of salvation; you must believe in Jesus in order to benefit from what Jesus did.

Talk about Daniel in the lions’ den. Anyway, click through and read the whole article to get an idea of how to make your stand for exclusivism in difficult places.

For a general article defending the Christian doctrine of exclusivism, check out this article by William Lane Craig. One of my favorites, from way way back to when I was an undergraduate.

And, if you would like to listen to a debate on pluralism, then here is a debate featuring pluralist John Hick.