Tag Archives: Stephen Baskerville

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.

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.

Jennifer Roback Morse on the injustice of the American family court system

Here is an article by marriage-defender Jennifer Roback Morse about one of the biggest challenges to life-long married love.

Excerpt:

Easy divorce opens the door for an unprecedented amount of government intrusion into ordinary people’s lives. This unacknowledged reality is the subject of Taken Into Custody, by Stephen BaskervilleWith penetrating insight, the political scientist exposes the truly breathtaking consequences of no-fault divorce for the expansion of state power and the decline of personal autonomy.

First, no-fault divorce frequently means unilateral divorce: one party wants a divorce against the wishes of the other, who wants to stay married. Kim Basinger dumped Baldwin for no particular reason, unleashed the power of the Los Angeles Family Court system to inflict pain on him and, in the process, inflicted untold damage on their child. Second, the fact that one party wants to remain married means that the divorce has to be enforced. Baldwin wanted to stay married and to continue to be a husband and father. Yet, the coercive and intrusive machinery of the state must be wheeled into action to separate the reluctantly divorced party from the joint assets of the marriage, typically the home and the children.

Third, enforcing the divorce means an unprecedented blurring of the boundaries between public and private life. People under the jurisdiction of family courts can have virtually all of their private lives subject to its scrutiny. If the courts are influenced by feminist ideology, that ideology can extend its reach into every bedroom and kitchen in America. Baldwin ran the gauntlet of divorce industry professionals who have been deeply influenced by the feminist presumptions that the man is always at fault and the woman is always a victim. Thus, the social experiment of no-fault divorce, which most Americans thought was supposed to increase personal liberty, has had the consequence of empowering the state.

Some might think the legacy of no-fault divorce is an example of the law of unintended consequences in operation. That assumes its architects did not intend for unilateral divorce to result in the expansion of the state. But Baskerville makes the case in this book—as well as his 2008 monograph, “The Dangerous Rise of Sexual Politics,” in The Family in America—that at least some of the advocates of changes in family law certainly have intended to expand the power of the state over the private lives of law-abiding citizens.

She explains who is really behind the attempt to destroy marriage, and the answer might shock you.

It’s important for people to understand the real reasons why people are not getting married, so that we can do something to encourage them to marry that really fixes the problem. If you don’t understand the threats that men are seeing with respect to marriage, it might be a good idea to take a look at this essay by Stephen Baskerville, hosted by the Christian Touchstone magazine. It’s a summary of the book that Dr. Morse reviewed. I consider that book “Taken Into Custody” to be a must-read for anyone contemplating marriage.

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.

Study shows that children of divorce twice as likely to have a stroke

Science Daily reports on a peer-reviewed Canadian study that links an increased risk of stroke to divorce.

Excerpt:

“We were very surprised that the association between parental divorce and stroke remained so strong even after we had adjusted for smoking, obesity, exercise and alcohol consumption,” said [study leader Esme] Fuller-Thomson.

[…]Of the 13,134 total study respondents, 10.4 percent had experienced parental divorce during their childhood, and 1.9 percent reported that they had been diagnosed with a stroke at some point in their lives. When adjusting for age, race and gender, the odds of stroke were approximately 2.2 times higher for those who had experienced parental divorce.

When other risk factors — including socioeconomic status, health behaviors, mental health, and other adverse childhood experiences — were controlled in a logistic regression analysis, the odds ratio of stroke for those who had experienced parental divorce remained significantly elevated.

One of the reasons that we have so much divorce is because feminists and trial lawyers lobbied to relax divorce laws – this was the first redefinition of marriage. In this redefinition, we lost the stability and permanence of marriage. Now marriage just means a temporary relationship for people to have feelings of being “happy” and “in love”. It never used to mean that – it used to mean a promise to love another person regardless of how you felt.

Look at this article from Focus on the Family by Amy Tracy.

She writes:

God is very clear, however, that He hates divorce (Malachi 2:16). He also says, “So they are no longer two, but one. Therefore what God has joined together, let man not separate” (Matthew 19:6). According to the New Testament, there are two justifications for divorce: infidelity (Matthew 5:32) and desertion (1 Corinthians 7:15).

Now, I had always taken the rule of Dr. Laura for this. She says that you can get divorced for adultery and abandonment (as above), but she allows allows for physical abuse and drug addiction. But it looks like the Bible is more strict than Dr. Laura, even.

Look at these old-fashioned wedding vows – they reflected the view that marriage was permanent, and that it was meant to persist through hardships and trials:

______, I love you. I prayed that God would lead me to his choice. I praise Him that tonight His will is being fulfilled. Through the pressures of the present and uncertainties of the future I promise my faithfulness, to follow you through all of life’s experiences as you follow God, that together we may grow in the likeness of Christ and our home be a praise to Him.

______, I give you this ring, wear it with love and joy. I choose you to be my husband: to have and to hold, from this day forward. For better, for worse, for richer for poorer; in sickness and in health; to have and to cherish, as long as we both shall live. And hereto, I pledge you my faithfulness to show to you the same kind of love as Christ showed the Church when He died for her, and to love you as a part of myself because in His sight we shall be one.

I love you, ______, and I thank the Lord for the love that has bound our hearts and lives together in spiritual fellowship of marriage. I will love, honor, cherish and obey you always. As we enter upon the privileges and joys of life’s most holy relationship and begin together the great adventure of building a Christian home, I will look to you as head of our home as I have looked to Christ as Head of the Church. I will love you in sickness as in health, in poverty as in wealth, in sorrow as in joy, and will be true to you by God’s grace, trusting in Him, so long as we both shall live.

The reason we cry when we read those vows (well, at least I do) is because we know that loving someone as an obligation is an enormous responsibility and sacrifice of our own selfish needs. That’s what marriage USED to mean, before no-fault divorce laws. But today people on the left and the right seem to be perfectly fine with them! Even many “Christians” seem to be fine with them.

I also noticed that Stephen Baskerville has an article on no-fault divorce up in the American Conservative. (Note: I do not endorse paleo-conservatism)

Excerpt:

First: Marriage exists primarily to cement the father to the family. This fact is politically incorrect but undeniable. The breakdown of marriage produces widespread fatherlessness, not motherlessness. As Margaret Mead pointed out long ago—yes, leftist Margaret Mead was correct about this—motherhood is a biological certainty whereas fatherhood is socially constructed. The father is the weakest link in the family bond, and without the institution of marriage he is easily discarded.

[…]The notion that marriage exists for love or “to express and safeguard an emotional union of adults,” as one proponent puts it, is cant. Many loving and emotional human relationships do not involve marriage. Even the conservative argument that marriage exists to rear children is too imprecise: marriage creates fatherhood. No marriage, no fathers.

[…]Here is the second unpleasant truth: homosexuals did not destroy marriage, heterosexuals did. The demand for same-sex marriage is a symptom, not a cause, of the deterioration of marriage. By far the most direct threat to the family is heterosexual divorce. “Commentators miss the point when they oppose homosexual marriage on the grounds that it would undermine traditional understandings of marriage,” writes family scholar Bryce Christensen. “It is only because traditional understandings of marriage have already been severely undermined that homosexuals are now laying claim to it.”

[..]Thus the third inconvenient fact: divorce is a political problem. It is not a private matter, and it does not come from impersonal forces of moral and cultural decay. It is driven by complex and lucrative government machinery operating in our names and funded by our taxes. It is imposed upon unwilling people, whose children, homes, and property may be confiscated. It generates the social ills that rationalize almost all domestic government spending. And it is promoted ideologically by the same sexual radicals who now champion same-sex marriage. Homosexuals may be correct that heterosexuals destroyed marriage, but the heterosexuals were their fellow sexual ideologues.

Conservatives have completely misunderstood the significance of the divorce revolution. While they lament mass divorce, they refuse to confront its politics. Maggie Gallagher attributes this silence to “political cowardice”: “Opposing gay marriage or gays in the military is for Republicans an easy, juicy, risk-free issue,” she wrote in 1996. “The message [is] that at all costs we should keep divorce off the political agenda.”

No American politician of national stature has seriously challenged unilateral divorce. “Democrats did not want to anger their large constituency among women who saw easy divorce as a hard-won freedom and prerogative,” writes Barbara Dafoe Whitehead. “Republicans did not want to alienate their upscale constituents or their libertarian wing, both of whom tended to favor easy divorce, nor did they want to call attention to the divorces among their own leadership.”

If we social conservatives care about children, then we need to be opposed to no-fault divorce. We need to be more careful about who we choose to marry, and not choose mates because of “chemistry” or “hotness” or because our friends approve of them based on arbitrary cultural standards. There are defined roles for the participants to a marriage, and there is a design for marriage, and there are specific tasks that need to get done. Marriage is a job, and it requires skills to execute difficult tasks that are morally obligatory. It’s not about immature selfish adults pursuing happiness at the expense of their children. It’s not about feelings. It’s not about sentimentality. It’s not about fun.

Divorce causes damage to the health and well-being of children, resulting in behaviors that will give us less liberty (greater intervention of government) and higher taxes (for social welfare programs) later on. There are consequences to selfishness and irresponsibility in relationships. Other people do not exist to entertain you. Relationships are not a form of recreational activity. At least they should not be for Christians. For Christians, the goal of relationships is to get the other person to have a closer relationship with God and to be equipped to serve God better. If children are the result, then the same obligation applies to them. That is the purpose of relationships in Christianity.