Tag Archives: Welfare

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.

Welfare cash used to purchase marijuana in Colorado

National Review has the story.

Excerpt:

For the past six months, welfare beneficiaries in Colorado have repeatedly withdrawn their cash benefits at marijuana retailers and dispensaries, according to a new analysis by National Review Online. Such apparent abuses have caught the eye of Colorado’s executive and legislative powers alike, and the state has launched an effort to curb them.

At least 259 times in the first six months of legalized recreational marijuana in Colorado, beneficiaries used their electronic-benefit transfer (EBT) cards to access public assistance at weed retailers and dispensaries, withdrawing a total of $23,608.53 in Temporary Assistance for Needy Families (TANF) cash, NRO’s examination found.

In 2012, the latest fiscal year available, Colorado used $124 million in TANF money from the federal government, according to the Center for Budget and Policy Priorities. Withdrawals at marijuana establishments represented only a tiny fraction of the more than 500,000 total EBT transactions that have occurred since recreational weed became legal in Colorado on January 1. And it’s impossible to determine how much of that welfare money actually was used to buy pot, given that cash benefits are fungible and some of these establishments also sell groceries.

Nevertheless, welfare withdrawals at weed stores are coming under increasing scrutiny, and Colorado’s legislators and bureaucrats are beginning an effort to restrict abuses.

[…]Last session, some Colorado legislators attempted to pass a bill banning TANF withdrawals at marijuana establishments, but Democrats blocked it. The state’s Republicans did succeed, however, in passing a budget amendment that would preclude such use. Because of a legislative technicality, however, the amendment “doesn’t have the power and teeth behind it that a statute does,” says Colorado Springs representative Dan Nordberg, one of the key proponents of the ban. Republican lawmakers plan to re-introduce stronger legislation next session.

Democrats are in favor of having welfare money be used for marijuana. Imagine that.

Are biological fathers or unrelated men more dangerous for children?

This article from the Weekly Standard answers the question.

Excerpt:

A March 1996 study by the Bureau of Justice Statistics contains some interesting findings that indicate just how widespread the problem may be. In a nationally representative survey of state prisoners jailed for assaults against or murders of children, fully one-half of respondents reported the victim was a friend, acquaintance, or relative other than offspring. (All but 3 percent of those who committed violent crimes against children were men.) A close relationship between victim and victimizer is also suggested by the fact that three-quarters of all the crimes occurred in either the perpetrator’s home or the victim’s.

A 1994 paper published in the Journal of Comparative Family Studies looked at 32,000 documented cases of child abuse. Of the victims, only 28 percent lived with both biological parents (far fewer than the 68 percent of all children who live with both parents); 44 percent lived with their mother only (as do 25 percent of all children); and 18 percent lived with their mother and an unrelated adult (double the 9 percent of all children who live with their mother and an unrelated adult).

These findings mirror a 1993 British study by the Family Education Trust, which meticulously explored the relationship between family structure and child abuse. Using data on documented cases of abuse in Britain between 1982 and 1988, the report found a high correlation between child abuse and the marital status of the parents.

Specifically, the British study found that the incidence of abuse was an astounding 33 times higher in homes where the mother was cohabiting with an unrelated boyfriend than in stable nuclear families. Even when the boyfriend was the children’s biological father, the chances of abuse were twice as high.

These findings are consonant with those published a year earlier by Leslie Margolin of the University of Iowa in the journal Child Abuse and Neglect. Prof. Margolin found that boyfriends were 27 times more likely than natural parents to abuse a child. The next-riskiest group, siblings, were only twice as likely as parents to abuse a child.

More recently, a report by Dr. Michael Stiffman presented at the latest meeting of the American Academy of Pediatrics, in October, studied the 175 Missouri children under the age of 5 who were murdered between 1992 and 1994. It found that the risk of a child’s dying at the hands of an adult living in the child’s own household was eight times higher if the adult was biologically unrelated.

The Heritage Foundation’s Patrick Fagan discovered that the number of child-abuse cases appeared to rise in the 1980s along with the general societal acceptance of cohabitation before, or instead of, marriage. That runs counter to the radical-feminist view, which holds that marriage is an oppressive male institution of which violence is an integral feature. If that were true, then child abuse and domestic violence should have decreased along with the rise in cohabitation.

Heritage also found that in the case of very poor children (those in households earning less than $ 15,000 per year), 75 percent lived in a household where the biological father was absent. And 50 percent of adults with less than a high-school education lived in cohabitation arrangements. “This mix — poverty, lack of education, children, and cohabitation — is an incubator for violence,” Fagan says.

Why, then, do we ignore the problem? Fagan has a theory: “It is extremely politically incorrect to suggest that living together might not be the best living arrangement.”

The moral of the story is that it is a lot safer for children if we promote marriage as a way of attaching mothers and fathers to their children. Fathers who have a biological connection to children are a lot less likely to harm them. And a lot of social problems like child poverty, promiscuity and violence cannot be solved by replacing a father with a check from the government. We need to support fathers by empowering them in their traditional roles. Let the men lead.