Tag Archives: Feminism

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.

Want to stop school shootings? Then strengthen the institution of marriage

I am sort of lukewarm on W. Bradford Wilcox, because I think he’s a moderate to left person, but this article in National Review is pretty good.

Excerpt: (links removed)

Another shooting, another son of divorce. From Adam Lanza, who killed 26 children and adults a year ago at Sandy Hook School in Newtown, Conn., to Karl Pierson, who shot a teenage girl and killed himself this past Friday at Arapahoe High in Centennial, Colo., one common and largely unremarked thread tying together most of the school shooters that have struck the nation in the last year is that they came from homes marked by divorce or an absent father. From shootings at MIT (i.e., the Tsarnaev brothers) to the University of Central Florida to the Ronald E. McNair Discovery Learning Academy in Decatur, Ga., nearly every shooting over the last year in Wikipedia’s “list of U.S. school attacks” involved a young man whose parents divorced or never married in the first place.

[…]The social scientific evidence about the connection between violence and broken homes could not be clearer. My own research suggests that boys living in single mother homes are almost twice as likely to end up delinquent compared to boys who enjoy good relationships with their father. Harvard sociologist Robert Sampson has written that “Family structure is one of the strongest, if not the strongest, predictor of variations in urban violence across cities in the United States.” His views are echoed by the eminent criminologists Michael Gottfredson and Travis Hirschi, who have written that “such family measures as the percentage of the population divorced, the percentage of households headed by women, and the percentage of unattached individuals in the community are among the most powerful predictors of crime rates.”

Why is fatherlessness such a big deal for our boys (almost all of these incidents involve boys)? Putting the argument positively, sociologist David Popenoe notesthat “fathers are important to their sons as role models. They are important for maintaining authority and discipline. And they are important in helping their sons to develop both self-control and feelings of empathy toward others, character traits that are found to be lacking in violent youth.” Boys, then, who did not grow up with an engaged, attentive, and firm father are more vulnerable to getting swept up in the Sturm und Drang of adolescence and young adulthood, and in the worst possible way.

In previous posts, I have argued that it is women who need to be thinking about how children need fathers, and to be more careful about evaluating and selecting men who can do the jobs that men do in marriage. Protecting, providing, moral/spiritual leading.

It probably would also be a good idea to roll back policies that weaken and redefine marriage. I don’t just mean same-sex marriage. I mean no-fault divorce, and the normalization of premarital sex. Basically, anything that weakens the stability of marriage and the male-female fit inherent in marriage ought to be shamed and opposed. Children need mothers and fathers. We shouldn’t be promoting or subsidizing any behavior or lifestyle that encourages people to have children (on purpose or accidentally) outside of a carefully-considered marriage relationship.

New study: parents of daughters more likely to become conservative

First, let’s take a look at the study from the left-leaning Pew Research.

Excerpt:

Two sociologists have found that parents who have daughters are more inclined to support the GOP and turn a cold shoulder to Democrats.

In newly published findings that challenge earlier research, Dalton Conley of New York University and Emily Rauscher of the University of Kansas found that having more daughters than sons and having a daughter first “significantly reduces the likelihood of Democratic identification and significantly increases the strength of Republican Party identification.”

Not only is the daughter effect statistically significant, it’s substantively large.  They found that overall, “compared to those with no daughters, parents with all daughters are 14% less likely to identify as a Democrat….[and] 11% more likely to identify as a Republican than parents with no daughters,” they write in the journal Sociological Forum.

The daughters effect is considerably stronger among better educated and wealthier parents, they find. But among those farther down the socioeconomic ladder, it weakens to statistical insignificance.

Their startling conclusions are based on data collected two decades ago from 661 respondents with biological children interviewed for the 1994 General Social Survey conducted by the University of Chicago’s National Opinion Research Center. Even though this national trend study has been administered regularly since 1972, the 1994 survey is the only one that included questions about the sex and birth order of a respondent’s biological children. (Surveys typically measure only whether a respondent has any children, including step-children and adopted children.)

[…]But why would having a daughter cause parents to become more Republican? The authors speculate that men and women might want more socially conservative policies when they have daughters and thus be more attracted to the GOP.

Ross Douthat wrote a column on Sunday in the ultra-leftist New York Times where he took a stab at explaining these findings.

Excerpt:

But let me make a more limited, more personal argument on the subject. The next round of research may “prove” something completely different about daughters and voting behavior. But as a father of girls and a parent whose adult social set still overlaps with the unmarried, I do have a sense of where a daughter-inspired conservatism might come from, whatever political form it takes.

It comes from thinking about their future happiness, and about a young man named Nathaniel P.

This character, Nate to his friends, doesn’t technically exist: He’s the protagonist in Adelle Waldman’s recent novel of young-Brooklynite manners, “The Love Affairs of Nathaniel P.”

But his type does exist, in multitudinous forms, wherever successful young people congregate, socialize, pair off. He’s not the worst sort of guy by any means — not a toxic bachelor or an obnoxious pick-up artist. He’s well intentioned, sensitive, mildly idealistic. Yet he’s also a source of immense misery — both short-term and potentially lifelong — for the young women in his circle.

“Contrary to what these women seemed to think,” Waldman writes of Nathaniel P.’s flings and semi-steady girlfriends, “he was not indifferent to their unhappiness. And yet he seemed, in spite of himself, to provoke it.”

He provokes it by taking advantage of a social landscape in which sex has been decoupled from marriage but biology hasn’t been abolished, which means women still operate on a shorter time horizon for crucial life choices — marriage, kids — than do men. In this landscape, what Nate wants — sex, and the validation that comes with being wanted — he reliably gets. But what his lovers want, increasingly, as their cohort grows older — a more permanent commitment — he can afford to persistently withhold, feeling guilty but not that guilty about doing so.

Waldman’s portrait of Nate’s romantic life is sympathetic enough to have earned her fan mail from young men. But it’s precisely because Nate is sympathetic rather than toxic that the “Nathaniel P.” phenomenon — or what Rebecca Traister has dubbed “the scourge of indecisive men” — is a hard problem to escape. Indeed, it seems like one of the hidden taproots of well-educated women’s work-life-balance angst, and one of the plausible explanations for declining female happiness in a world of expanded female opportunity.

And lurking in Waldman’s novel, as in many portraits of the dating scene (ahem, Lena Dunham, ahem), is a kind of moral traditionalism that dare not speak its name — or that can be spoken of only in half-jest, as when the novelist Benjamin Kunkel told Traister that the solution was “some sort of a sexual strike against just such men.”

Because Kunkel is right: One obvious solution to the Nathaniel P. problem is a romantic culture in which more is required of young men before the women in their lives will sleep with them. 

To the extent that parents tend to see the next generation’s world through their children’s eyes, that’s an insight that’s more immediately available through daughters than through sons.

Does what he says ring true for you?

When I reflect on the women I know today, I find that they many fight against having to do things that are good if they don’t feel like doing them. Even simple things like reading a good book or playing a game together or watching a debate or saving money or paying off their debt is met with skepticism and rebellion. And what ends up happening is that rather than do what I would like them to do (which is often for their own good, and nothing for my benefit), they instead procrastinate and then blow small things out of all proportion as a way of trying to rationalize why they didn’t do it. It’s very difficult, in my experience, to get women to do even good things – like read a Lee Strobel book. They just rebel in most cases, because they don’t want to do anything that isn’t fun, no matter how good it is. It’s so hard to lead them.

So women are really struggling today with letting men lead them, even when the men are leading them in a good direction. I suspect that it’s because most women tend to get involved with men too early and destroy their ability to trust men with these failed relationships with men who are not even close to being ready for marriage. So how does a woman get attention from men if she doesn’t trust men to lead her? Well, she gives him sex. And what does the man learn from getting sex without having to first be seen by her as trustworthy? He learns not to work hard to appear to be worthy of trust. Specifically, he learns not to bother doing well in school, or doing well in work, or saving money, or being conservative on moral issues, or good at apologetics, or good at mentoring others, or giving some of what he earns to charity. There is no need to appear to be a good trustworthy person – he gets the sex without having to be. He’s not being measured for fit with any role, he’s just handed sex on a platter.