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.

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

Ryan T. Anderson lectures on marriage and why it matters

About the speaker:

Ryan T. Anderson researches and writes about marriage and religious liberty as the William E. Simon Fellow at The Heritage Foundation. He also focuses on justice and moral principles in economic thought, health care and education, and has expertise in bioethics and natural law theory.

Anderson, who joined the leading Washington think tank’s DeVos Center for Religion and Civil Society in 2012, also is the editor of Public Discourse, the online journal of the Witherspoon Institute of Princeton, N.J.

Anderson’s recent work at Heritage focuses on the constitutional questions surrounding same-sex “marriage.” He is the co-author with Princeton’s Robert P. George and Sherif Girgis of the acclaimed book “What Is Marriage? Man and Woman: A Defense” (Encounter Books, December 2012).

The lecture starts at 7:20 in. The lecture ends at 49:35. There are 32 minutes of Q&A.

Introduction:

  • When talking about marriage in public, we should talk about philosophy, sociology and public policy
  • Gay marriage proponents need to be pressed to define what marriage is, on their view
  • Every definition of marriage is going to include some relationships, and exclude others
  • It’s meaningless to portray one side as nice and the other mean
  • Typically, marriage redefiners view marriage as a more intense emotional relationship
  • Marriage redefiners should be challenged in three ways:
  • 1) Does the redefined version of marriage have a public policy reason to prefer only two people?
  • 2) Does the redefined version of marriage have a reason to prefer permanence?
  • 3) Does the redefined version of marriage have a reason to prefer sexual exclusivity?
  • Also, if marriage is just about romance, then why is the state getting involved in recognizing it?
  • The talk: 1) What marriage is, 2) Why marriage matters, 3) What are the consequences of redefining marriage?

What marriage is:

  • Marriage unites spouses – hearts, minds and bodies
  • Marriage unites spouses to perform a good: creating a human being and raising that human being
  • Marriage is a commitment: permanent and exclusive
  • Male and female natures are distinct and complementary

The public purpose of marriage:

  • to attach men and women to each other
  • to attach mothers and fathers to their children
  • there is no such thing as parenting, there is only mothering and fathering
  • the evidence shows that children benefit from mothering and fathering
  • boys who grow up without fathers are more likely to commit crimes
  • girls who grow up without fathers are more likely to have sex earlier
  • Children benefit from having a mother and a father
  • can’t say that fathers are essential for children if we support gay marriage, which makes fathers optional
  • without marriage: child poverty increases, crime increases, social mobility decreases, welfare spending increases
  • when government encourages marriage, then government has less do to – stays smaller, spends less
  • if we promote marriage as an idea, we are not excluding gay relationships or even partner benefits
  • finally, gay marriage has shown itself to be hostile to religious liberty

Consequences redefining marriage:

  • it undermines the norm in public like that kids deserve a mom and a dad – moms and dads are interchangeable
  • it changes the institution of marriage away from the needs of children, and towards the needs of adults
  • it undermines the norm of permanence
  • we learned what happens when marriage is redefined before: with no-fault divorce
  • no-fault divorce: after this became law, divorce rates doubled – the law changed society
  • gay marriage would teach society that mothers and fathers are optional when raising children
  • if marriage is what people with intense feelings do, then how can you rationally limit marriage to only two people?
  • if marriage is what people with intense feelings do, then if other people cause intense feelings, there’s no fidelity
  • if marriage is what people with intense feelings do, then if the feelings go away, there is no permanence
  • the public policy consequences to undermining the norms of exclusivity and permanence = fatherless children and fragmented families
  • a final consequences is the decline and elimination of religious liberty – e.g. – adoption agencies closing, businesses being sued

We’re doing very well on abortion, but we need to get better at knowing how to discuss marriage. If you’re looking for something short to read, click here. If you want to read a long paper that his book is based on.

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Ryan T. Anderson presents the case for natural / traditional marriage

A must-read long paper from the Heritage Foundation. It’s a great concise presentation of the reasons why the United States should not redefine marriage. (H/T A tweet from Ryan T. Anderson)

Abstract:

Marriage is based on the truth that men and women are complementary, the biological fact that reproduction depends on a man and a woman, and the reality that children need a mother and a father. Redefining marriage does not simply expand the existing understanding of marriage; it rejects these truths. Marriage is society’s least restrictive means of ensuring the well-being of children. By encouraging the norms of marriage—monogamy, sexual exclusivity, and permanence—the state strengthens civil society and reduces its own role. The future of this country depends on the future of marriage. The future of marriage depends on citizens understanding what it is and why it matters and demanding that government policies support, not undermine, true marriage.

Excerpt:

Supporters of redefinition use the following analogy: Laws defining marriage as a union of a man and a woman are unjust—fail to treat people equally—exactly like laws that prevented interracial marriage. Yet such appeals beg the question of what is essential to marriage. They assume exactly what is in dispute: that gender is as irrelevant as race in state recognition of marriage. However, race has nothing to with marriage, and racist laws kept the races apart. Marriage has everything to do with men and women, husbands and wives, mothers and fathers and children, and that is why principle-based policy has defined marriage as the union of one man and one woman.

Marriage must be color-blind, but it cannot be gender-blind. The color of two people’s skin has nothing to do with what kind of marital bond they have. However, the sexual difference between a man and a woman is central to what marriage is. Men and women regardless of their race can unite in marriage, and children regardless of their race need moms and dads. To acknowledge such facts requires an understanding of what, at an essential level, makes a marriage.

And a bit later:

If the law taught a falsehood about marriage, it would make it harder for people to live out the norms of marriage because marital norms make no sense, as matters of principle, if marriage is just intense emotional feeling. No reason of principle requires an emotional union to be permanent or limited to two persons, much less sexually exclusive. Nor should it be inherently oriented to family life and shaped by its demands. This does not mean that a couple could not decide to live out these norms where temperament or taste so motivated them, just that there is no reason of principle to demand that they do so. Legally enshrining this alternate view of marriage would undermine the norms whose link to the common good is the basis for state recognition of marriage in the first place.

Insofar as society weakens the rational foundation for marriage norms, fewer people would live them out, and fewer people would reap the benefits of the marriage institution. This would affect not only spouses, but also the well-being of their children. The concern is not so much that a handful of gay or lesbian couples would be raising children, but that it would be very difficult for the law to send a message that fathers matter when it has redefined marriage to make fathers optional.

And one last one:

In fact, much of this is already occurring. Heritage Foundation Visiting Fellow Thomas Messner has documented multiple instances in which redefining marriage has already become a nightmare for religious liberty.[48] If marriage is redefined to include same-sex relationships, then those who continue to believe the truth about marriage—that it is by nature a union of a man and a woman—would face three different types of threats to their liberty: the administrative state, nondiscrimination law, and private actors in a culture that is now hostile to traditional views.[49]

After Massachusetts redefined marriage to include same-sex relationships, Catholic Charities of Boston was forced to discontinue its adoption services rather than place children with same-sex couples against its principles.[50] Massachusetts public schools began teaching grade-school students about same-sex marriage, defending their decision because they are “committed to teaching about the world they live in, and in Massachusetts same-sex marriage is legal.” A Massachusetts appellate court ruled that parents have no right to exempt their children from these classes.[51]

The New Mexico Human Rights Commission prosecuted a photographer for declining to photograph a same-sex “commitment ceremony.” Doctors in California were successfully sued for declining to perform an artificial insemination on a woman in a same-sex relationship. Owners of a bed and breakfast in Illinois who declined to rent their facility for a same-sex civil union ceremony and reception were sued for violating the state nondiscrimination law. A Georgia counselor was fired after she referred someone in a same-sex relationship to another counselor.[52] In fact, the Becket Fund for Religious Liberty reports that “over 350 separate state anti-discrimination provisions would likely be triggered by recognition of same-sex marriage.”[53]

This article is long and comprehensive. It will take some time to read. It’s includes logical arguments as well as empirical evidence from research – with footnotes. I really recommend taking a look at the article. Even if it takes a long time to read, it will definitely expand your mind to think about why we had a definition of marriage in the first place, and what we would lose by changing that definition. When you debate people who want to redefine marriage, it’s very important to appeal to logical arguments and evidence from studies. Get the conversation away from emotions and instead introduce facts and arguments.

You can get an even longer treatment in the new book by Ryan T. Anderson and his co-authors Sherif Girgis and Robert P. George. This is *the* book to get on the marriage issue.

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Dennis Prager explains what feminism has achieved for women

Dennis Prager has summarized many of my viewpoints on this blog in a tiny, tiny little article. He calls it “Four Legacies of Feminism“.

Read the whole glorious thing and bask in its wisdom!

Full text:

As we approach the 50th anniversary of the publication of Betty Friedan’s feminist magnum opus, The Feminine Mystique, we can have a perspective on feminism that was largely unavailable heretofore.

And that perspective doesn’t make feminism look good. Yes, women have more opportunities to achieve career success; they are now members of most Jewish and Christian clergy; women’s college sports teams are given huge amounts of money; and there are far more women in political positions of power. But the prices paid for these changes — four in particular — have been great, and outweigh the gains for women, let alone for men and for society.

1) The first was the feminist message to young women to have sex just as men do. There is no reason for them to lead a different sexual life than men, they were told. Just as men can have sex with any woman solely for the sake of physical pleasure, so, too, women ought to enjoy sex with any man just for the fun of it. The notion that the nature of women is to hope for at least the possibility of a long-term commitment from a man they sleep with has been dismissed as sexist nonsense.

As a result, vast numbers of young American women had, and continue to have, what are called “hookups”; and for some of them it is quite possible that no psychological or emotional price has been paid. But the majority of women who are promiscuous do pay prices. One is depression. New York Times columnist Ross Douthat recently summarized an academic study on the subject: “A young woman’s likelihood of depression rose steadily as her number of partners climbed and the present stability of her sex life diminished.”

Long before this study, I had learned from women callers to my radio show (an hour each week — the “Male-Female Hour” — is devoted to very honest discussion of sexual and other man-woman issues) that not only did female promiscuity coincide with depression, it also often had lasting effects on women’s ability to enjoy sex. Many married women told me that in order to have a normal sexual relationship with their husband, they had to work through the negative aftereffects of early promiscuity — not trusting men, feeling used, seeing sex as unrelated to love, and disdaining their husband’s sexual overtures. And many said they still couldn’t have a normal sex life with their husband.

2) The second awful legacy of feminism has been the belief among women that they could and should postpone marriage until they developed their careers. Only then should they seriously consider looking for a husband. Thus, the decade or more during which women have the best chance to attract men is spent being preoccupied with developing a career. Again, I cite woman callers to my radio show over the past 20 years who have sadly looked back at what they now, at age 40, regard as 20 wasted years. Sure, these frequently bright and talented women have a fine career. But most women are not programmed to prefer a great career to a great man and a family. They feel they were sold a bill of goods at college and by the media. And they were. It turns out that most women without a man do worse in life than fish without bicycles.

3) The third sad feminist legacy is that so many women — and men — have bought the notion that women should work outside the home that for the first time in American history, and perhaps world history, vast numbers of children are not primarily raised by their mothers or even by an extended family member. Instead they are raised for a significant part of their childhood by nannies and by workers at daycare centers. Whatever feminists may say about their only advocating choices, everyone knows the truth: Feminism regards work outside the home as more elevating, honorable, and personally productive than full-time mothering and making a home.

4) And the fourth awful legacy of feminism has been the demasculinization of men. For all of higher civilization’s recorded history, becoming a man was defined overwhelmingly as taking responsibility for a family. That notion — indeed the notion of masculinity itself — is regarded by feminism as the worst of sins: patriarchy.

Men need a role, or they become, as the title of George Gilder’s classic book on single men describes them: Naked Nomads. In little more than a generation, feminism has obliterated roles. If you wonder why so many men choose not to get married, the answer lies in large part in the contemporary devaluation of the husband and of the father — of men as men, in other words. Most men want to be honored in some way — as a husband, a father, a provider, as an accomplished something; they don’t want merely to be “equal partners” with a wife.

In sum, thanks to feminism, very many women slept with too many men for their own happiness; postponed marriage too long to find the right man to marry; are having hired hands do much of the raising of their children; and find they are dating boy-men because manly men are so rare.

Feminism exemplifies the truth of the saying, “Be careful what you wish for — you may get it.”

I wish I could add something to this, but I can’t because every time I think of something to add, he says it in the next sentence.

If you like this short essay, then this medium essay arguing against feminism authored by Barbara Kay would be nice follow-up.

It might be worth forwarding these articles along to your friends. And I highly recommend books on male-female relationships and roles by George Gilder, especially “Men and Marriage“.

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Mark Regnerus debunks new biased Australian gay parenting study

In The Public Discourse.

Excerpt:

You will not, however, witness very many scholarly misgivings about a new published study analyzing data from the Australian Study of Child Health in Same-Sex Families (ACHESS), even though I’ve just offered a close analogy of its sampling and comparative strategy. I do not bear ill will toward the research team; data collection is no simple task. I won’t impugn the motivations of the author and his collaborators. Those vary widely, and everyone has his own. I don’t care about the source of the funding. But the study deserves some critical commentary.

The authors declare that the “study aims to describe the physical, mental and social wellbeing of Australian children with same-sex attracted parents, and the impact that stigma has on them.” They conclude that “children with same-sex attracted parents score higher than population samples on a number of parent-reported measures of child health.” The study has generated headlines such as this one from the Washington Post: “Children of same-sex couples happier and healthier than peers, research shows.”

But we cannot learn this from the ACHESS study, because of these two sentences in the study’s methodology section:

The convenience sample was recruited using online and traditional recruitment techniques, accessing same-sex attracted parents through news media, community events and community groups. Three hundred and ninety eligible parents contacted the researchers…

The ACHESS’s interim report, issued just under two years ago, foreshadowed the positive conclusions of the recently-published article—in the same journal, no less—and had more to say about its sampling approach:

Initial recruitment will . . . include advertisements and media releases in gay and lesbian press, flyers at gay and lesbian social and support groups, and investigator attendance at gay and lesbian community events . . . Primarily recruitment will be through emails posted on gay and lesbian community email lists aimed at same-sex parenting. This will include, but not be limited to, Gay Dads Australia and the Rainbow Families Council of Victoria.

I don’t know if there’s any other way to say this than to suggest that… this is not the way to build a sense of average same-sex households with children. To compare the results from such an unusual sample with that of a population-based sample of everyone else is just suspect science. And I may be putting that too mildly.

This is not the first time a study has been biased, in fact the American Psychological Association even promotes these biased studies.

Here’s the abstract from a study published in the peer-reviewed journal “Social Science Research“.

Abstract:

In 2005, the American Psychological Association (APA) issued an official brief on lesbian and gay parenting. This brief included the assertion: “Not a single study has found children of lesbian or gay parents to be disadvantaged in any significant respect relative to children of heterosexual parents” (p. 15). The present article closely examines this assertion and the 59 published studies cited by the APA to support it. Seven central questions address: (1) homogeneous sampling, (2) absence of comparison groups, (3) comparison group characteristics, (4) contradictory data, (5) the limited scope of children’s outcomes studied, (6) paucity of long-term outcome data, and (7) lack of APA-urged statistical power. The conclusion is that strong assertions, including those made by the APA, were not empirically warranted. Recommendations for future research are offered.

And some the findings:

  • 26 of 59 APA studies on same-sex parenting had no heterosexual comparison groups.
  • In comparison studies, single mothers were often used as the hetero comparison group.
  • No comparison study had the statistical power required to detect a small effect size.
  • Definitive claims were not substantiated by the 59 published studies.

In comparison to these bad studies, we’ve had the other studies showing the harm that gay parenting does to children, as well as studies showing that children raised without a mother or raised without a father do worse than children raised with both their parents.

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