Tag Archives: Court

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.

Jennifer Roback Morse lectures on marriage and family

Marriage and family
Marriage and family

I am sure you will all LOVE this lecture delivered by Dr. Jennifer Roback Morse at Houston Baptist University. (60 minutes, start listening at 11:15 though!)

Topics:

  • what is the purpose of marriage in society?
  • do children really need a mother and a father?
  • is each child entitled to a relationship with their 2 bio-parents?
  • how is the purpose of marriage being re-defined today?
  • how does same-sex marriage redefine traditional marriage?
  • should the state be able to determine who counts as a parent?
  • are mothers and fathers interchangeable?
  • how did no-fault divorce redefine marriage?
  • does the government provide an incentive to divorce?
  • are men interchangeable with women?
  • where did feminism come from? how did it start?
  • how does the Marxist worldview view marriage and family?
  • who do feminists believe should be raising the children?
  • how Christianity conflicts with Utopian views
  • what can a Christian university do to turn the tide?

This is a fun lecture to watch, because she’s very articulate, informed, and passionate. She’s an excellent speaker, because she taught economics at Yale University and George Mason University.

I’ve learned a ton about marriage and economics by listening to Jennifer Roback Morse. I like to complain a lot about women today not thinking much about love, marriage and parenting. But Dr. J knows everything about those topics. It’s useful stuff for young people to know – it’s never a bad idea to think deeply about marriage as an enterprise, and to understand the challenges to marriage.

Are gay relationships more stable than straight ones?

Sherlock Holmes and John Watson are going to take a look at the data
Sherlock Holmes and John Watson are going to take a look at the data

Let’s look at this post from The Public Discourse and see if gay relationships are as stable, or even more stable, than straight ones.

Excerpt:

The [NFSS] study found that the children who were raised by a gay or lesbian parent as little as 15 years ago were usually conceived within a heterosexual marriage, which then underwent divorce or separation, leaving the child with a single parent. That parent then had at least one same-sex romantic relationship, sometimes outside of the child’s home, sometimes within it. To be more specific, among the respondents who said their mother had a same-sex romantic relationship, a minority, 23%, said they had spent at least three years living in the same household with both their mother and her romantic partner. Only 2 out of the 15,000 screened spent a span of 18 years with the same two mothers. Among those who said their father had had a same-sex relationship, 1.1% of children reported spending at least three years together with both men.

This strongly suggests that the parents’ same-sex relationships were often short-lived, a finding consistent with the broader research on elevated levels of instability among same-sex romantic partners. For example, a recent 2012 study of same-sex couples in Great Britain finds that gay and lesbian cohabiting couples are more likely to separate than heterosexual couples.[3] A 2006 study of same sex marriages in Norway and Sweden found that “divorce risk levels are considerably higher in same-sex marriages”[4] such that Swedish lesbian couples are more than three times as likely to divorce as heterosexual couples, and Swedish gay couples are 1.35 times more likely to divorce (net of controls). Timothy Biblarz and Judith Stacey, two of the most outspoken advocates for same-sex marriage in the U.S. academy, acknowledge that there is more instability among lesbian parents.[5]

This paper from the Family Research Council makes the same point:

The 2003-2004 Gay/Lesbian Consumer Online Census surveyed the lifestyles of 7,862 homosexuals. Of those involved in a “current relationship,” only 15 percent describe their current relationship as having lasted twelve years or longer, with five percent lasting more than twenty years.[4] While this “snapshot in time” is not an absolute predictor of the length of homosexual relationships, it does indicate that few homosexual relationships achieve the longevity common in marriages.

In The Sexual Organization of the City, University of Chicago sociologist Edward Laumann argues that “typical gay city inhabitants spend most of their adult lives in ‘transactional’ relationships, or short-term commitments of less than six months.”[5]

A study of homosexual men in the Netherlands published in the journal AIDS found that the “duration of steady partnerships” was 1.5 years.[6]

In his study of male homosexuality in Western Sexuality: Practice and Precept in Past and Present Times, Pollak found that “few homosexual relationships last longer than two years, with many men reporting hundreds of lifetime partners.”[7]

In Male and Female Homosexuality, Saghir and Robins found that the average male homosexual live-in relationship lasts between two and three years.[8]

It’s a Grindr lifestyle. And it’s not a good environment for meeting the needs of children. (Example)

There is one study (Rosenfeld, 2014) that tries to argue against the conclusion of all these other studies, and the problems with it are discussed in this post.

The right way to think about gay marriage is to think about it as an extension of no-fault divorce. The same feminists and leftists who pushed for the legalization of no-fault divorce told us back then that the children would be fine, that children are resilient. No-fault divorce was a change in the definition of marriage. The leftists said that divorce would never become widespread, and that it would not harm children in any way. It was all a pack of lies. If the practices of the gay lifestyle become conflated with marriage, then marriage will come to denote relationships engaged in for “love” not children, such that unchastity, infidelity, increased domestic violence and frequent break-ups are incorporated back into the definition of marriage. Marriage is about permanence, exclusivity and building an environment that can welcome children and supply for their needs. It’s not about government giving people respect for their romantic feelings. Those are volatile. What government ought to be rewarding is lifelong commitment.

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.

First openly gay Episcopal bishop to divorce same-sex partner

This is an Associated Press article, so it is extremely liberal and sympathetic to the gay bishop. (H/T Tom)

Excerpt:

The first openly gay Episcopal bishop, who became a symbol for gay rights far beyond the church while deeply dividing the world’s Anglicans, plans to divorce his husband.

[…]Robinson, 66, had been married to a woman and had two children before he and his wife divorced. He and Andrew had been partners for more than a decade when Robinson was elected to lead the New Hampshire Diocese. The two men were joined in a 2008 civil union in New Hampshire, which became a legal marriage when the state recognized gay marriage two years later.

[…]Robinson was… widely celebrated as a pioneer for gay rights, became an advocate for gay marriage and was the subject of several books and a documentary about Christianity, the Bible and same-sex relationships. He delivered the benediction at the opening 2009 inaugural event for President Barack Obama and, after retirement, became a senior fellow at the Center for American Progress, a Democratic think tank with close ties to the White House.

The interesting thing about this is that although Americans have been fed a steady diet of propaganda from Hollywood to make us think that gay relationships are stable, the reality is that they are NOT stable.

Let’s take a look at the data

Consider this post from The Public Discourse which explains that there are few stable, long-lived gay relationships – even the ones with children.

Excerpt:

The [NFSS] study found that the children who were raised by a gay or lesbian parent as little as 15 years ago were usually conceived within a heterosexual marriage, which then underwent divorce or separation, leaving the child with a single parent. That parent then had at least one same-sex romantic relationship, sometimes outside of the child’s home, sometimes within it. To be more specific, among the respondents who said their mother had a same-sex romantic relationship, a minority, 23%, said they had spent at least three years living in the same household with both their mother and her romantic partner. Only 2 out of the 15,000 screened spent a span of 18 years with the same two mothers. Among those who said their father had had a same-sex relationship, 1.1% of children reported spending at least three years together with both men.

This strongly suggests that the parents’ same-sex relationships were often short-lived, a finding consistent with the broader research on elevated levels of instability among same-sex romantic partners. For example, a recent 2012 study of same-sex couples in Great Britain finds that gay and lesbian cohabiting couples are more likely to separate than heterosexual couples. A 2006 study of same sex marriages in Norway and Sweden found that “divorce risk levels are considerably higher in same-sex marriages” such that Swedish lesbian couples are more than three times as likely to divorce as heterosexual couples, and Swedish gay couples are 1.35 times more likely to divorce (net of controls). Timothy Biblarz and Judith Stacey, two of the most outspoken advocates for same-sex marriage in the U.S. academy, acknowledge that there is more instability among lesbian parents.

Therefore, while critics of the NFSS have faulted it for lacking comparisons between children of IBFs and the children of committed and intact gay or lesbian couples, this was attempted, but was not feasible. Despite drawing from a large, representative sample of the U.S. population, and despite using screening tactics designed to boost the number of respondents who reported having had a parent in a same-sex relationship, a very small segment reported having been parented by the same two women or two men for a minimum of three years. Although there is much speculation that today there are large numbers of same-sex couples in the U.S. who are providing a stable, long-term parenting relationship for their children, no studies based upon large, random samples of the U.S. population have been published that show this to be true, and the above-cited studies of different nations show that on average, same-sex couple relationships are more short-lived than those of opposite-sex couples.

I think this is an important point to make – and it’s consistent with the research from previous studies. The bottom line is that gay marriage is another step on the path towards making marriage about the needs and feelings of adults. In natural marriage, parents are concerned about how breaking up will affect their children – so thy have a reason to stay together and work conflicts out. The needs of the adults are secondary to the needs of the children. But in gay marriage, there is no such constraint. The children are not related biologically to both partners, and so that protection is not in place. Now that gay marriage is legalized, we should understand that children will be getting a lot less stability, and that’s in addition to being deprived of their biological mother and father.