Stephen Baskerville: five myths about no-fault divorce

Marriage and family
Marriage and family

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.

Should the secular left allow Christians to be social workers?

Gay activist vandalizes pro-marriage sign
Gay activist vandalizes pro-marriage sign

This is from religious liberty rock star David French, writing in National Review. He writes about a new Tennessee bill that protects Christian social workers from having to violate their consciences when doing their jobs.

He says:

The Tennessee legislature has passed a bill protecting from liability “counselors and therapists who refuse to counsel a client as to goals, outcomes, or behaviors that conflict with a sincerely held religious belief of the counselor or therapist.”

[…]Two legal cases I worked on immediately come to mind. The first involved a young woman named Emily Brooker, a social-work student at Missouri State University. Emily’s academic “crime” was refusing a professor’s demand that she sign her name to a letter to the state legislature advocating gay adoption.

Rather than recognizing that teachers can’t compel students to engage in political advocacy, the professor accused her of a “Level 3” grievance (the university’s most serious academic offense). The department then subjected Emily to a Star Chamber–style political inquiry, where a panel of professors demanded to know whether she was a “sinner” and kept her from having a lawyer, an advocate, or even her own mother in the room. The panel convicted her of the offense and required her to change her beliefs as a condition of graduation.

In the second case, I represented Julea Ward against Eastern Michigan University. Julea was in the final stages of her graduate counseling program when she was asked to counsel a gay man about his same-sex relationship. She declined and referred the file to another counselor who had no moral objections. The client was counseled without incident. Indeed, he didn’t even know his file had been referred.

The university, however, found her referral intolerable and subjected Julea to a “formal review,” accusing her of “imposing values that are inconsistent with counseling goals” and of discrimination based on sexual orientation. Once again, a student was summoned to the Star Chamber, and once again public officials probed a private citizen’s religious beliefs. One university official actually held it against her that she “communicated an attempt to maintain [her] belief system.” She was expelled from the program just weeks before graduation.

David French used to work at the Alliance Defending Freedom, but now he works for the American Center for Law and Justice.

I noticed that Casey Mattox at the Alliance Defending Freedom has a warning for Christians who think that the advance of the sexual revolutionaries won’t affect them.

Mattox writes:

While the anti-conscience activists pretend that conscientious objectors are declining goods or services because of sexual orientation, every case disproves that characterization. These creative professionals serve all persons. They object only to facilitating and celebrating a particular event that would require them to advance a message contrary to their religious convictions.

The left had historically mocked suggestions that any pastor would ever be forced to perform a same sex wedding in violation of their faith. But the mask is slipping. See the hysterical response to a Georgia law that would have done little more than protect pastors, churches and other nonprofit religious organizations from hosting and solemnizing a same-sex marriage. Indeed, the left has already attempted to force a pastor to perform a same-sex wedding that would violate his faith. And within hours of the Supreme Court’s decision finding a constitutional right to same-sex marriage, activists were urging termination of tax exemptions for churches that decline to perform same-sex weddings.

Not every same-sex wedding is a church wedding, but some are. If Christian videographers, wedding coordinators, musicians, and othercreative professionals – let alone pastors themselves – are required to provide their services for same-sex weddings, some will even have to be physically present, even participating in religious worship where they believe the prayers prayed, hymns sung, and scriptures read in support are actually blaspheming their own God.

The opponents of RFRA and like religious freedom protections are still quick to deploy their “separation of church and state” cliché, but one side is demanding that the state fine people for declining to participate in a religious service. It isn’t mine. It’s the ACLU and its allies who are ready to use the power of the state to compel unwilling people to participate in religious services.

[…]Of the same-sex marriage agenda, Erick Erickson has coined the phrase, “You will be made to care.” But in some cases this is insufficient. You must participate. Even if the left must use the power of the government to fine you if you refuse, you will be made to worship their god.

I think a lot of Christians sort of don’t think it’s a problem if they keep their faith in a box and only let it out to see the light of day for purposes of feeling good, or having community. But Christianity isn’t like that. It’s not something for the benefit of the Christian, it’s a worldview. And part of that worldview is not only doing the things that God wants us to do as individual, but also declaring and defending God’s values and character to others, when the subject comes up for discussion. We are not free to promote things that God does not agree with.

Planned Parenthood declares Ted Cruz top threat to their abortion business

Hillary Clinton and Planned Parenthood
Hillary Clinton and Planned Parenthood

Here is a story that Jay Richards tweeted from Life News.

Excerpt:

The Planned Parenthood abortion business is emailing its members warning that Ted Cruz is the biggest pro-life threat the abortion business faces from the Republican presidential candidates.

In the email seeking funds for its political campaign supporting Hillary Clinton, Dawn Laguens, Executive Vice President of Planned Parenthood, says “every Republican candidate for president this year would be a complete disaster” but explains “Cruz could very well be the biggest threat we face.”

Laguesns says Cruz would be the biggest threat to the abortion corporation because “unlike Trump and Kasich, who are more or less in line with the Republican Party’s already terrible positions on reproductive rights, Cruz takes things much, much further.”

“And he has the fan base to prove it. About 50% of Trump’s and Kasich’s supporters think abortion should be illegal in all or most cases, but a whopping 73% of Cruz’s supporters want to ban abortion in all or most cases,” the Planned Parenthood VP complains.

Laguesns gripes that Cruz “consistently says he will open an investigation into Planned Parenthood on his first day in office. But maybe that’s less surprising when you see some of the people who have endorsed him — people like Troy Newman, the notorious anti-abortion extremist.”

She says Cruz has “a real shot at the nomination and the presidency” and then makes up a false attack saying, “We can’t let anyone near the White House who would force a woman to carry a dangerous or unwanted pregnancy.”

Ted Cruz continues to stake out a pro-life position on the issue of abortion in cases of rape.In a new interview, the pro-life Texas senator said he doesn’t think it’s fair to “blame the child” who is conceived in rape.

Interesting. One thing you can say about Planned Parenthood – they are not swayed by charisma or rhetoric. They’ve taken a good hard look at Cruz’s record and the views of the people who support him, and they’ve decided that he is the most pro-life of all the candidates running. This is their business, and they are calling out the biggest threat to their business to their donors.

But’s not just the pro-abortion side that sees Cruz as the most solid on social issues – it’s the pro-life side, too.

Rick Perry, Carly Fiorina and Ted Cruz appear on Fox News with Sean Hannity
Rick Perry, Carly Fiorina and Ted Cruz appear on Fox News with Sean Hannity

Consider this story from Life News about an upcoming primary state – Oregon:

The leading pro-life group in Oregon today issued its endorsement for pro-life Republican candidate Ted Cruz for President. Oregon Right to Life says Cruz has a sterling pro-life record that it described as “impeccable.”

“ORTL PAC is pleased to endorse Senator Cruz,” said Gayle Atteberry, executive director of ORTL. “His record on pro-life issues is impeccable. We can trust that as president, he will do all he can to protect unborn babies. That includes the all-important decisions he would make in nominating new Supreme Court justices.

“Both Hillary Clinton and Bernie Sanders,” said Atteberry, “support abortion on demand, from conception to birth, as well as continued taxpayer funding of abortion and Planned Parenthood.”

Atteberry told LifeNews that the stakes in Oregon’s primary election are higher than usual as every delegate counts in the battle for the Republican nomination. She said “Oregon Right to Life PAC encourages pro-life voters across Oregon to vote early for Ted Cruz to ensure that Oregon plays its part in electing a pro-life president.”

In fact, Cruz has a 100% pro-life voting record during his tenure in the Senate.

When it comes to the issue of abortion, Cruz has compiled a 100% pro-life voting record during his tenure in the Senate. On 16 total votes on pro-life issues taken while has has served in the Senate, Cruz voted pro-life every single time.

The votes tallied by the national Right to Life Committee include multiple votes supporting a bill to de-fund the Planned Parenthood abortion business over the years, votes to repeal or de-fund Obamacare, which uses taxpayer funds to pay for abortions as well as votes to protect the conscience rights of pro-life Americans.

The tally of 8 votes below does not include two additional votes in August and September to end debate and stop the Democrats’ filibuster of  measure that would de-fund Planned Parenthood. The August and September votes Cruz cast to defund Planned Parenthood brings the total tally to 10 pro-life votes cast during his Senate tenure.

If protecting the unborn is an important issue to you, there is one candidate still running who will move the ball forward for you. That man is Ted Cruz.

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