Wintery Knight

…integrating Christian faith and knowledge in the public square

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.

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Kevin DeYoung’s article opposing gay marriage has broad appeal

Marriage and family

Marriage and family

In my own secular case against gay marriage from a while back, I argued for 3 points:

  • same-sex marriage is bad for liberty, especially religious liberty
  • same-sex marriage is bad for children
  • same-sex marriage is bad for public health

My hope when I wrote that was that pastors and other Christian leaders would learn to argue for what the Bible says by using evidence from outside the Bible, so that they would be able to appeal to more people instead of only appealing to the minority of people who accept the Bible. I think that Christians who argue for their views by citing the Bible only will only be convincing to people who already accept the Bible. But there is not a majority of people who do accept the Bible as an authority, so I think that pastors have to make another plan. They need to argue using the Bible to those who accept the Bible, and without the Bible to those who don’t accept it.

Now with that said, take a look at this article by pastor Kevin DeYoung that Dina sent me. It’s from earlier this week. The article makes the same exact three points as I made in my article last year. Let’s take a look at how Kevin does that.

My first point was liberty, especially religious liberty. He writes:

[I]n the long run, the triumph of gay marriage (should it triumph as a cultural and legal reality) will mean the restriction of freedoms for millions of Americans.

This will happen in obvious ways at first–by ostracizing those who disagree, by bullying with political correctness, and by trampling on religious liberty. Surely, Christians must realize that no matter how many caveats we issue, not matter how much we nuance our stance, no matter how much we encourage or show compassion for homosexuals, it will not be enough to ward off the charges of hatred and homophobia.

[G]ay marriage will challenge our freedoms in others way too. It’s not just Evangelicals, traditional Catholics, and Mormons who will be threatened. Once the government gains new powers, it rarely relinquishes them. There will be a soft tyranny that grows as the power of the state increases, a growth that is intrinsic to the  notion of gay marriage itself.

My second point was bad for children. He writes:

[T]he state has an interest in promoting the familial arrangement which has a mother and a father raising the children that came from their union. The state has been in the marriage business for the common good and for the well-being of the society it is supposed to protect. Kids do better with a mom and a dad. Communities do better when husbands and wives stay together. Hundreds of studies confirm both of these statements (though we all can think of individual exceptions I’m sure). Gay marriage assumes that marriage is re-definable and the moving parts replaceable.

My third point was bad for public health. He writes:

The unspoken secret, however, is that homosexual behavior is not harmless. Homosexuals are at a far greater risk for diseases like syphilis, HIV/AIDS, hepatitis, gonorrhea, HPV, and gay bowel syndrome. The high rate of these diseases is due both to widespread promiscuity in the gay community and the nature of anal and oral intercourse itself. Homosexual relationships are usually portrayed as a slight variation on the traditional “norm” of husband-wife monogamy. But monogamy is much less common among homosexual relationships, and even for those who value monogamy the definition of fidelity is much looser.

He also talks about the definition of marriage, and more.

I’ve criticized pastors before for dealing with social issues by only citing the Bible, like John Piper does. That approach won’t work on enough people to change society, because not enough people consider the Bible to be an authority in their decision-making. We have to use evidence from outside the Bible – like Wayne Grudem does in his “Politics According to the Bible”.

I think that pastor Kevin’s article is quality work, because it follows the pattern of taking an all-of-the-above approach to persuasion. He uses all means to persuade so that he might win some over to his side. I hope that many more pastors will do the same thing on this issue of marriage and other issues – even fiscal issues. Fiscal issues do have an impact on moral issues – think of how abortion subsidies and single mother welfare lower the penalties of recreational premarital sex. We can do this, we just have to do what works, instead of what makes us feel “holier-than-thou”.

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First openly gay Episcopal bishop to divorce same-sex partner

This is an Associated Press article, so it is extremely liberal and sympathetic to the gay bishop. (H/T Tom)

Excerpt:

The first openly gay Episcopal bishop, who became a symbol for gay rights far beyond the church while deeply dividing the world’s Anglicans, plans to divorce his husband.

[...]Robinson, 66, had been married to a woman and had two children before he and his wife divorced. He and Andrew had been partners for more than a decade when Robinson was elected to lead the New Hampshire Diocese. The two men were joined in a 2008 civil union in New Hampshire, which became a legal marriage when the state recognized gay marriage two years later.

[...]Robinson was… widely celebrated as a pioneer for gay rights, became an advocate for gay marriage and was the subject of several books and a documentary about Christianity, the Bible and same-sex relationships. He delivered the benediction at the opening 2009 inaugural event for President Barack Obama and, after retirement, became a senior fellow at the Center for American Progress, a Democratic think tank with close ties to the White House.

The interesting thing about this is that although Americans have been fed a steady diet of propaganda from Hollywood to make us think that gay relationships are stable, the reality is that they are NOT stable.

Let’s take a look at the data

Consider this post from The Public Discourse which explains that there are few stable, long-lived gay relationships – even the ones with children.

Excerpt:

The [NFSS] study found that the children who were raised by a gay or lesbian parent as little as 15 years ago were usually conceived within a heterosexual marriage, which then underwent divorce or separation, leaving the child with a single parent. That parent then had at least one same-sex romantic relationship, sometimes outside of the child’s home, sometimes within it. To be more specific, among the respondents who said their mother had a same-sex romantic relationship, a minority, 23%, said they had spent at least three years living in the same household with both their mother and her romantic partner. Only 2 out of the 15,000 screened spent a span of 18 years with the same two mothers. Among those who said their father had had a same-sex relationship, 1.1% of children reported spending at least three years together with both men.

This strongly suggests that the parents’ same-sex relationships were often short-lived, a finding consistent with the broader research on elevated levels of instability among same-sex romantic partners. For example, a recent 2012 study of same-sex couples in Great Britain finds that gay and lesbian cohabiting couples are more likely to separate than heterosexual couples. A 2006 study of same sex marriages in Norway and Sweden found that “divorce risk levels are considerably higher in same-sex marriages” such that Swedish lesbian couples are more than three times as likely to divorce as heterosexual couples, and Swedish gay couples are 1.35 times more likely to divorce (net of controls). Timothy Biblarz and Judith Stacey, two of the most outspoken advocates for same-sex marriage in the U.S. academy, acknowledge that there is more instability among lesbian parents.

Therefore, while critics of the NFSS have faulted it for lacking comparisons between children of IBFs and the children of committed and intact gay or lesbian couples, this was attempted, but was not feasible. Despite drawing from a large, representative sample of the U.S. population, and despite using screening tactics designed to boost the number of respondents who reported having had a parent in a same-sex relationship, a very small segment reported having been parented by the same two women or two men for a minimum of three years. Although there is much speculation that today there are large numbers of same-sex couples in the U.S. who are providing a stable, long-term parenting relationship for their children, no studies based upon large, random samples of the U.S. population have been published that show this to be true, and the above-cited studies of different nations show that on average, same-sex couple relationships are more short-lived than those of opposite-sex couples.

I think this is an important point to make – and it’s consistent with the research from previous studies. The bottom line is that gay marriage is another step on the path towards making marriage about the needs and feelings of adults. In natural marriage, parents are concerned about how breaking up will affect their children – so thy have a reason to stay together and work conflicts out. The needs of the adults are secondary to the needs of the children. But in gay marriage, there is no such constraint. The children are not related biologically to both partners, and so that protection is not in place.

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Should government get out of the marriage business?

Dr. Jennifer Roback Morse

Dr. Jennifer Roback Morse

Dina sent me three articles by Jennifer Roback Morse, post on The Public Discourse. The articles answer the charge from social liberals and libertarians that we should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that they adults can make poor, emotional decisions and have fun.

Filed under: Polemics, , , , , , , , , , , , , , , , , , , , , , ,

Study: children of same-sex couples do less well than those of married couples

The Public Discourse reports on a recent study out of Canada.

Excerpt:

A new academic study based on the Canadian census suggests that a married mom and dad matter for children. Children of same-sex coupled households do not fare as well.

There is a new and significant piece of evidence in the social science debate about gay parenting and the unique contributions that mothers and fathers make to their children’s flourishing. A study published last week in the journal Review of the Economics of the Household—analyzing data from a very large, population-based sample—reveals that the children of gay and lesbian couples are only about 65 percent as likely to have graduated from high school as the children of married, opposite-sex couples. And gender matters, too: girls are more apt to struggle than boys, with daughters of gay parents displaying dramatically low graduation rates.

Unlike US-based studies, this one evaluates a 20 percent sample of the Canadian census, where same-sex couples have had access to all taxation and government benefits since 1997 and to marriage since 2005.

While in the US Census same-sex households have to be guessed at based on the gender and number of self-reported heads-of-household, young adults in the Canadian census were asked, “Are you the child of a male or female same-sex married or common law couple?” While study author and economist Douglas Allen noted that very many children in Canada who live with a gay or lesbian parent are actually living with a single mother—a finding consonant with that detected in the 2012 New Family Structures Study—he was able to isolate and analyze hundreds of children living with a gay or lesbian couple (either married or in a “common law” relationship akin to cohabitation).

So the study is able to compare—side by side—the young-adult children of same-sex couples and opposite-sex couples, as well as children growing up in single-parent homes and other types of households. Three key findings stood out to Allen:

children of married opposite-sex families have a high graduation rate compared to the others; children of lesbian families have a very low graduation rate compared to the others; and the other four types [common law, gay, single mother, single father] are similar to each other and lie in between the married/lesbian extremes.

Employing regression models and series of control variables, Allen concludes that the substandard performance cannot be attributed to lower school attendance or the more modest education of gay or lesbian parents. Indeed, same-sex parents were characterized by higher levels of education, and their children were more likely to be enrolled in school than even those of married, opposite-sex couples. And yet their children are notably more likely to lag in finishing their own schooling.

[...]The truly unique aspect of Allen’s study, however, may be its ability to distinguish gender-specific effects of same-sex households on children. He writes:

the particular gender mix of a same-sex household has a dramatic difference in the association with child graduation. Consider the case of girls. . . . Regardless of the controls and whether or not girls are currently living in a gay or lesbian household, the odds of graduating from high school are considerably lower than any other household type. Indeed, girls living in gay households are only 15 percent as likely to graduate compared to girls from opposite sex married homes.

Thus although the children of same-sex couples fare worse overall, the disparity is unequally shared, but is instead based on the combination of the gender of child and gender of parents. Boys fare better—that is, they’re more likely to have finished high school—in gay households than in lesbian households. For girls, the opposite is true. Thus the study undermines not only claims about “no differences” but also assertions that moms and dads are interchangeable. They’re not.

With a little digging, I found the abstract of the study:

Almost all studies of same-sex parenting have concluded there is “no difference” in a range of outcome measures for children who live in a household with same-sex parents compared to children living with married opposite-sex parents. Recently, some work based on the US census has suggested otherwise, but those studies have considerable drawbacks. Here, a 20% sample of the 2006 Canada census is used to identify self-reported children living with same-sex parents, and to examine the association of household type with children’s high school graduation rates. This large random sample allows for control of parental marital status, distinguishes between gay and lesbian families, and is large enough to evaluate differences in gender between parents and children. Children living with gay and lesbian families in 2006 were about 65 % as likely to graduate compared to children living in opposite sex marriage families. Daughters of same-sex parents do considerably worse than sons.

The author of the study is a professor of economics at Simon Fraser University in British Columbia. His PhD in economics is from the University of Washington. A previous study had shown that gay relationships typically have far more instability (they last for more shorter times). That’s not good for children either. Another study featured in the Atlantic talked about how gay relationships have much higher rates of domestic violence. That’s not good for children either. So we have three reasons to think that normalizing gay relationships as “marriage” would not be good for children.

The reason I am posting this is because I want people to understand why social conservatives like me propose these laws defining and promoting marriage. We do favor natural marriage for the same reason that we oppose no-fault divorce, and for the same reason why we oppose welfare for single mothers (it encourages single motherhood). We don’t want to encourage people to deprive children of their mother or their father. We look at the research, and we decide that children need their mother and father. Given the choice between the needs of the child and restraining the freedom of the adults, we prefer the child’s need for her mother and father. It’s not just arbitrary rules, there is a reason behind the rules.

But children are not commodities. They have certain needs right out of the box. Adults should NOT be thinking about how to duct-tape a child onto any old relationship that doesn’t offer the same safety and stability that opposite sex marriage offers. We should be passing laws to strengthen marriage in order to protect children, not to weaken it. Libertarians don’t want to do that, because they want adults to be free to do as they please, at the expense of children.  Libertarians think that the adults should be able to negotiate private contracts and have no obligations to any children who are present, or who may be present later.

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