Tag Archives: Nanny State

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. 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.

News

Calgary boy disciplined by school for protecting classmate from knife attack

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The UK Daily Mail reports.

Excerpt:

A schoolboy who bravely tackled a knife-wielding pupil who was threatening a classmate was punished because such heroic actions are strictly banned.

Briar MacLean, 13, stepped in after he spotted an argument was quickly beginning to escalate between two boys at Sir John A. Macdonald school in Alberta, Canada.

Suddenly one of the boys pulled out a knife and began to threaten the other turning an scuffle into a potentially deadly situation.

The heroic teenager charged and tackled the knife-brandishing youngster into a wall sending both attacker and knife falling to the floor.

But for his bravery the pupil received not a commendation but a stern telling off from staff for ignoring school rules.

According to the Calgary Board of Education, Briar should have left the scene to find a teacher – abandoning the unarmed student.

Instead instincts kicked in and he chose to act – meaning there were no cuts, no stab wounds, and no need to call an ambulance.

Briar said: ‘He pulled out his flip knife so I came in and pushed him into the wall.

‘It was just to help the other kid so he wouldn’t get hurt.’

Briar’s reward for his bravery was a day in the school office, removed from the other students, and a stern lecture about not playing the hero.

Here in the United States, we had a similar event.

Excerpt:

A kindergartner who brought a cowboy-style cap gun onto his Calvert County school bus was suspended for 10 days after showing a friend the orange-tipped toy, which he had tucked inside his backpack on his way to school, according to his family and a lawyer.

The child was questioned for more than two hours before his mother was called, she said, adding that he uncharacteristically wet his pants during the episode. The boy is 5 — “all bugs and frogs and cowboys,” his mother said.

[…]If the punishment stands, it would become part of the boy’s permanent school record and keep him out of classes the rest of the school year, the family said. He would miss his end-of-year kindergarten program at Dowell Elementary School in Lusby.

[…]The case comes at a time of heightened sensitivity about guns in schools across the country. Locally, children in first and second grade have been disciplined for pointing their fingers like guns and for chewing a Pop-Tart-like pastry into the shape of a gun. In Pennsylvania, a 5-year-old was suspended for talking about shooting a Hello Kitty bubble gun that blows soap bubbles.

I definitely don’t recommend sending children to public schools – especially.

News

Supreme Court of Canada rules that politically incorrect speech is a criminal offense

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Political map of Canada
Political map of Canada

Canada is hostile to free speech, as shown in the recent Supreme Court decision.

Excerpt:

Canada’s top court has released a unanimous decision today that critics say has struck a monumental blow against freedom of speech, opinion, and religion across the country. The court ordered the defendant, a Christian pro-family activist with a reputation for intense activism, not only to pay a fine, but also to pay court costs which could amount to hundreds of thousands of dollars.

[…]In Saskatchewan (Human Rights Commission) v. Whatcott, the Supreme Court decided that born-again Christian William Whatcott was guilty of hate speech for distributing flyers to neighborhoods in Saskatoon and Regina in 2001 and 2002. While the flyers used vehement language against homosexual practices and the homosexual agenda, they did not directly attack homosexual persons.

[…]The Court focused on Whatcott’s main argument, namely that he loves homosexuals with a brotherly Christian love, and it is only their sexual activity that he denounces.

But the Supreme Court found that with regards to hate speech, the distinction between ‘sin and sinner’ no longer applies.

“I agree that sexual orientation and sexual behaviour can be differentiated for certain purposes,” the Court stated. “However, in instances where hate speech is directed toward behaviour in an effort to mask the true target, the vulnerable group, this distinction should not serve to avoid s. 14(1)(b) [the hate-crime clause of the Code].”

“Courts have recognized a strong connection between sexual orientation and sexual conduct and where the conduct targeted by speech is a crucial aspect of the identity of a vulnerable group, attacks on this conduct stand as proxy for attacks on the group itself,” the Court stated.

The Court ordered Whatcott to pay the Human Rights Commission’s legal fees and to pay $7,500 in compensation to two homosexuals who were offended by his flyers.

Gwen Landolt, national vice-president of REAL Women of Canada, called the ruling “very depressing” and “bad news”.

[…]“On the one hand they’re saying, ‘Oh, no, no, no, we’re not really infringing on freedom of religion and freedom of speech and freedom of opinion’, but in fact, what they say is not what they’ve done,” she said in an interview with LifeSiteNews.com.

Next time we have an election, can we vote in favor of free speech? I don’t agree with anything Whatcott did – form or content. The man is a fool. But I can easily see how this ruling could be used to silence reasonable speech that disagrees with homosexuality and gay marriage on secular grounds. The motivation of these judges is to silence speech critical of the gay agenda, and we should all be concerned about that. They pick these kooks like Whatcott to attack because they won’t get any opposition from normal people. But later you’ll find out that these legal precedents will furnish the foundation for eliminating free speech altogether. It’s happened before.

Apparently, there is some effort to repeal section 13 in Canada, which is the part that criminalizes speech deemed offensive by the political left. That might affect future rulings of the Supreme Court if it is made clear that the right to free speech is absolute.

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