Tag Archives: Feminist Theory

Polemics

Stephen Baskerville: five myths about no-fault divorce

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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.

Polemics

Authors of 1 in 5 rape study explain how their work is being misrepresented

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Earlier this week I found an amazing piece on the campus rape hysteria authored by Emily Yoffe on posted at the leftist Slate, of all places.

The whole article is worth the read, but there is one part that is very interesting. She spoke to the people who did that 1 in 5 study that everyone (including Obama) has been talking about, and found out some pretty interesting things.

Look:

One campus rape is one too many. But the severe new policies championed by the White House, the Department of Education, and members of Congress are responding to the idea that colleges are in the grips of an epidemic—and the studies suggesting this epidemic don’t hold up to scrutiny. Bad policy is being made on the back of problematic research, and will continue to be unless we bring some healthy skepticism to the hard work of putting a number on the prevalence of campus rape.

It is exceedingly difficult to get a numerical handle on a crime that is usually committed in private and the victims of which—all the studies agree—frequently decline to report. A further complication is that because researchers are asking about intimate subjects, there is no consensus on the best way to phrase sensitive questions in order to get the most accurate answers. A 2008 National Institute of Justice paper on campus sexual assault explained some of the challenges: “Unfortunately, researchers have been unable to determine the precise incidence of sexual assault on American campuses because the incidence found depends on how the questions are worded and the context of the survey.” Take the National Crime Victimization Survey, the nationally representative sample conducted by the federal government to find rates of reported and unreported crime. For the years 1995 to 2011, as the University of Colorado Denver’s Rennison explained to me, it found that an estimated 0.8 percent of noncollege females age 18-24 revealed that they were victims of threatened, attempted, or completed rape/sexual assault. Of the college females that age during that same time period, approximately 0.6 percent reported they experienced such attempted or completed crime.

That finding diverges wildly from the notion that one in five women college women will be sexually assaulted by the time they graduate. That’s the number most often used to suggest there is overwhelming sexual violence on America’s college campuses. It comes from a 2007 study funded by the National Institute of Justice, called the Campus Sexual Assault Study, or CSA. (I cited it last year in a story on campus drinking and sexual assault.) The study asked 5,466 female college students at two public universities, one in the Midwest and one in the South, to answer an online survey about their experiences with sexual assault. The survey defined sexual assault as everything from nonconsensual sexual intercourse to such unwanted activities as “forced kissing,” “fondling,” and “rubbing up against you in a sexual way, even if it is over your clothes.”

There are approximately 12 million female college students in the U.S. (There are about 9 million males.) I asked the lead author of the study, Christopher Krebs, whether the CSA represents the experience of those millions of female students. His answer was unequivocal: “We don’t think one in five is a nationally representative statistic.” It couldn’t be, he said, because his team sampled only two schools. “In no way does that make our results nationally representative,” Krebs said. And yet President Obama used this number to make the case for his sweeping changes in national policy.

So the actual number using reliable studies is less than 1%. And yet, we have so many people on the left telling us it’s 20 or 25 percent, in order to get their legislation passed. Just think about that for a minute. Our President stood up there and told us it was 20% but it’s actually less than 1%. And he does the same thing with the women’s pay gap, which he says is 23%, when the actual number when you correct for factors like pregnancies, type of work, number of hours worked, degree required, etc. is near zero.

UPDATE: Commenter Mathetes points me to this Department of Justice study which came up with the number 1 in 52.6, which is less than 2% for rape AND sexual assault together.

Commentary

Top 5 myths that old feminists pass on to young women

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Christina Hoff Sommers writing in the ultra-leftist Time magazine of all places.

The list:

  1. MYTH 1: Women are half the world’s population, working two-thirds of the world’s working hours, receiving 10% of the world’s income, owning less than 1% of the world’s property.
  2. MYTH 2: Between 100,000 and 300,000 girls are pressed into sexual slavery each year in the United States.
  3. MYTH 3: In the United States, 22%–35% of women who visit hospital emergency rooms do so because of domestic violence.
  4. MYTH 4: One in five in college women will be sexually assaulted.
  5. MYTH 5: Women earn 77 cents for every dollar a man earns—for doing the same work.

I’m posting 4 and 5 below, since they were mentioned in the video above (that’s not Christina Hoff Sommers):

MYTH 4: One in five in college women will be sexually assaulted.

FACTS: This incendiary figure is everywhere in the media today. Journalists, senators and even President Obama cite it routinely. Can it be true that the American college campus is one of the most dangerous places on earth for women?

The one-in-five figure is based on the Campus Sexual Assault Study, commissioned by the National Institute of Justice and conducted from 2005 to 2007. Two prominent criminologists, Northeastern University’s James Alan Fox and Mount Holyoke College’s Richard Moran, have noted its weaknesses:

“The estimated 19% sexual assault rate among college women is based on a survey at two large four-year universities, which might not accurately reflect our nation’s colleges overall. In addition, the survey had a large non-response rate, with the clear possibility that those who had been victimized were more apt to have completed the questionnaire, resulting in an inflated prevalence figure.”

Fox and Moran also point out that the study used an overly broad definition of sexual assault. Respondents were counted as sexual assault victims if they had been subject to “attempted forced kissing” or engaged in intimate encounters while intoxicated.

Defenders of the one-in-five figure will reply that the finding has been replicated by other studies. But these studies suffer from some or all of the same flaws. Campus sexual assault is a serious problem and will not be solved by statistical hijinks.

MYTH 5: Women earn 77 cents for every dollar a man earns—for doing the same work.

FACTS: No matter how many times this wage gap claim is decisively refuted by economists, it always comes back. The bottom line: the 23-cent gender pay gap is simply the difference between the average earnings of all men and women working full-time. It does not account for differences in occupations, positions, education, job tenure or hours worked per week. When such relevant factors are considered, the wage gap narrows to the point of vanishing.

Wage gap activists say women with identical backgrounds and jobs as men still earn less. But they always fail to take into account critical variables. Activist groups like the National Organization for Women have a fallback position: that women’s education and career choices are not truly free—they are driven by powerful sexist stereotypes. In this view, women’s tendency to retreat from the workplace to raise children or to enter fields like early childhood education and psychology, rather than better paying professions like petroleum engineering, is evidence of continued social coercion. Here is the problem: American women are among the best informed and most self-determining human beings in the world. To say that they are manipulated into their life choices by forces beyond their control is divorced from reality and demeaning, to boot.

Her conclusion:

Why do these reckless claims have so much appeal and staying power? For one thing, there is a lot of statistical illiteracy among journalists, feminist academics and political leaders. There is also an admirable human tendency to be protective of women—stories of female exploitation are readily believed, and vocal skeptics risk appearing indifferent to women’s suffering. Finally, armies of advocates depend on “killer stats” to galvanize their cause. But killer stats obliterate distinctions between more and less serious problems and send scarce resources in the wrong directions. They also promote bigotry. The idea that American men are annually enslaving more than 100,000 girls, sending millions of women to emergency rooms, sustaining a rape culture and cheating women out of their rightful salary creates rancor in true believers and disdain in those who would otherwise be sympathetic allies.

But if young women learn this for four years in college, what hope is there for any kind of trust and vulnerability with men? What hope is there for marriage? They are always going to be trying to find meaning in life on their own, apart from any kind of loving partnership with a man. And the more hooking up and cohabitating they do, the less they are going to value marriage and take practical steps towards it. That is the real problem – the wasting of time and the lack of seriousness, as if getting married can be left to age 35 with no preparation and no planning. As if careers and missionary work and traveling can fill the same hole that a family fills. Yet if no one tells these young women and pushes them to be sensible and discerning, they will mess up the most important decision of their lives.

This might be a good article to share and bookmark.