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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What does the new Guzzo study tell us about the instability of cohabitation?

I blogged about a new study on cohabitation earlier in the month, but I only had the abstract. Now more details are out, from Family-Studies.org.

First, some context:

In a new paper, Bowling Green State University sociologist Karen Guzzo analyzes how the odds of cohabitation leading to either getting married or breaking up have changed over the years. Before getting to her findings, let’s review some of the cohabitation trends she highlights in her report (based on prior studies).

  1. The majority of people in their 30s have lived with someone outside of marriage.
  2. Cohabitation, rather than marriage, is now the more common form of first union.
  3. Fewer marriages than in the past start out with the couple having intentions to marry.
  4. People are more likely than ever to cohabit with multiple partners in succession—what I have called “CohabiDating.”
  5. More children than ever before are born to cohabiting couples, and this explains most of the rise in the number of children being born out of wedlock.

Guzzo notes, as have others, that cohabiting has become a normative experience in the romantic and sexual lives of young adults. As young adults put off marriage until later in life, cohabitation has inhabited much of the space that used to be made up of married couples. I think this dramatic change in how relationships form matters for at least two reasons. First, many cohabiting couples have children, but they are less likely than married couples to have planned to have children and they are much less likely to remain together after having children… Second, most people want lasting love in life, and most people still intend to accomplish that in marriage.

Here is the main finding of the new paper:

To simplify and summarize, what Guzzo found is that the increasing diversity in the types of cohabitation and cohabiters does not explain much about why things are so different from the past when it comes to increased odds that cohabiting couples will break up or not marry. Rather, on average, all types of cohabiting couples have become more likely than in the past to break up or not transition into marriage.

Here’s a quote from her paper (pg. 834):

Relative to cohabitations formed between 1990 and 1994, cohabitations formed from 1995–1999, 2000–2004, and 2005 and later were 13%, 49%, and 87%, respectively, more likely to dissolve than remain intact. The lower risk of marriage over remaining intact occurred only for the last two cohabitation cohorts (2000–2004 and 2005 and later), which were about 18% and 31% less likely to marry than remain intact, respectively.

Moving in together is becoming less and less likely to lead to having a future together. That’s not to say that all cohabiters are in the same boat regarding their destination. Those who are engaged (or have clear plans to marry) before moving in together are far more likely to eventually marry—but as Guzzo shows, even they are becoming less likely to do so. Related to this, my colleagues and I have shown, in numerous studies, that couples with clear plans to marry before cohabiting, along with those who marry without cohabiting, tend to have happier marriages and lower odds of divorce than those who move in together before having a clearly settled commitment to the future in marriage. (We believe this is largely because, while cohabiting unions obviously break up often, they are harder to break off than dating relationships because it becomes harder to move out and move on. So some people get stuck in a relationship they would otherwise have not remained in.)

[...]Cohabitation is fundamentally ambiguous. In fact, that is part—but just part—of why I believe it has become so popular. Sure, there are many cohabiting couples for whom living together was understood as a step-up in commitment, but, on average, research shows it is not associated with an increase in dedication to one’s partner.

So those are the findings from the latest study. You can find more studies on cohabitation linked here in my previous post on this topic.

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Is Mormonism supported by evidence from science, philosophy and history?

This post presents evidence against Mormonism/LDS in three main areas. The first is in the area of science. The second is in the area of philosophy. And the third is in the area of history.

The scientific evidence

First, let’s take a look at what the founder of Mormonism, Joseph Smith, believes about the origin of the universe:

“The elements are eternal. That which had a beggining will surely have an end; take a ring, it is without beggining or end – cut it for a beggining place and at the same time you have an ending place.” (“Scriptural Teachings of the Prophet Joseph Smith”, p. 205)

“Now, the word create came from the word baurau which does not mean to create out of nothing; it means to organize; the same as a man would organize materials and build a ship. Hence, we infer that God had materials to organize the world out of chaos – chaotic matter, which is element, and in which dwells all the glory. Element had an existance from the time he had. The pure principles of element are principles which can never be destroyed; they may be organized and re-organized, but not destroyed. They had no beggining, and can have no end.”
(“Scriptural Teachings of the Prophet Joseph Smith”, p. 395)

A Mormon scholar named Blake Ostler summarizes the Mormon view in a Mormon theological journal:

“In contrast to the self-sufficient and solitary absolute who creates ex nihilo (out of nothing), the Mormon God did not bring into being the ultimate constituents of the cosmos — neither its fundamental matter nor the space/time matrix which defines it. Hence, unlike the Necessary Being of classical theology who alone could not not exist and on which all else is contingent for existence, the personal God of Mormonism confronts uncreated realities which exist of metaphysical necessity. Such realities include inherently self-directing selves (intelligences), primordial elements (mass/energy), the natural laws which structure reality, and moral principles grounded in the intrinsic value of selves and the requirements for growth and happiness.” (Blake Ostler, “The Mormon Concept of God,” Dialogue: A Journal of Mormon Thought 17 (Summer 1984):65-93)

So, Mormons believe in an eternally existing universe, such that matter was never created out of nothing, and will never be destroyed. But this is at odds with modern cosmology.

The Big Bang cosmology is the most widely accepted cosmology of the day. It is based on several lines of evidence, and is broadly compatible with Genesis. It denies the past eternality of the universe. This peer-reviewed paper in an astrophysics journal explains. (full text here)

Excerpt:

The standard Big Bang model thus describes a universe which is not eternal in the past, but which came into being a finite time ago. Moreover,–and this deserves underscoring–the origin it posits is an absolute origin ex nihilo. For not only all matter and energy, but space and time themselves come into being at the initial cosmological singularity. As Barrow and Tipler emphasize, “At this singularity, space and time came into existence; literally nothing existed before the singularity, so, if the Universe originated at such a singularity, we would truly have a creation ex nihilo.

[...]On such a model the universe originates ex nihilo in the sense that at the initial singularity it is true that There is no earlier space-time point or it is false that Something existed prior to the singularity.

Christian cosmology requires such a creation out of nothing, but this is clearly incompatible with what Mormons believe about the universe. The claims about the universe made by the two religions are in disagreement, and we can test empirically to see who is right, using science.

Philosophical problems

Always Have a Reason contrasts two concepts of God in Mormonism: Monarchotheism and Polytheism. It turns out that although Mormonism is actually a polytheistic religion, like Hinduism. In Mormonism, humans can become God and then be God of their own planet. So there are many Gods in Mormonism, not just one.

Excerpt:

[T]he notion that there are innumerable contingent “primal intelligences” is central to this Mormon concept of god (P+M, 201; Beckwith and Parrish, 101). That there is more than one god is attested in the Pearl of Great Price, particularly Abraham 4-5. This Mormon concept has the gods positioned to move “primal intelligences along the path to godhood” (Beckwith and Parrish, 114). Among these gods are other gods which were once humans, including God the Father. Brigham Young wrote, “our Father in Heaven was begotten on a previous heavenly world by His Father, and again, He was begotten by a still more ancient Father, and so on…” (Brigham Young, The Seer, 132, quoted in Beckwith and Parrish, 106).

[...]The logic of the Mormon polytheistic concept of God entails that there is an infinite number of gods. To see this, it must be noted that each god him/herself was helped on the path to godhood by another god. There is, therefore, an infinite regress of gods, each aided on his/her path to godhood by a previous god. There is no termination in this series. Now because this entails an actually infinite collection of gods, the Mormon polytheistic concept of deity must deal with all the paradoxes which come with actually existing infinities…

The idea of counting up to an actual infinite number of things by addition (it doesn’t matter what kind of thing it is) is problematic. See here.

More:

Finally, it seems polytheistic Mormonism has a difficulty at its heart–namely the infinite regress of deity.

[...]Each god relies upon a former god, which itself relies upon a former god, forever. Certainly, this is an incoherence at the core of this concept of deity, for it provides no explanation for the existence of the gods, nor does it explain the existence of the universe.

Now let’s see the historical evidence against Mormonism.

The historical evidence

J. Warner Wallace explains how the “Book of Abraham”, a part of the Mormon Scriptures, faces historical difficulties.

The Book of Abraham papyri are not as old as claimed:

Mormon prophets and teachers have always maintained that the papyri that was purchased by Joseph Smith was the actual papyri that was created and written by Abraham. In fact, early believers were told that the papyri were the writings of Abraham.

[...]There is little doubt that the earliest of leaders and witnesses believed and maintained that these papyri were, in fact the very scrolls upon which Abraham and Joseph wrote. These papyri were considered to be the original scrolls until they were later recovered in 1966. After discovering the original papyri, scientists, linguists, archeologists and investigators (both Mormon and non-Mormon) examined them and came to agree that the papyri are far too young to have been written by Abraham. They are approximately 1500 to 2000 years too late, dating from anywhere between 500 B.C. (John A. Wilson, Dialogue: A Journal of Mormon Thought, Summer 1968, p. 70.) and 60 A.D. If they papyri had never been discovered, this truth would never have come to light. Today, however, we know the truth, and the truth contradicts the statements of the earliest Mormon leaders and witnesses.

The Book of Abraham papyri do not claim what Joseph Smith said:

In addition to this, the existing papyri simply don’t say anything that would place them in the era related to 2000BC in ancient Egypt. The content of the papyri would at least help verify the dating of the document, even if the content had been transcribed or copied from an earlier document. But the papyri simply tell us about an ancient burial ritual and prayers that are consistent with Egyptian culture in 500BC. Nothing in the papyri hints specifically or exclusively to a time in history in which Abraham would have lived.

So there is a clear difference hear between the Bible and Mormonism, when it comes to historical verification.

Further study

There is a very good podcast featuring J. Warner Wallace that summarizes some other theological problems with Mormonism that I blogged about before. And if you want a nice long PDF to print out and read at lunch (which is what I did with it) you can grab this PDF by Michael Licona, entitled “Behold, I Stand at the Door and Knock“.

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

New study: cohabitation more likely to dissolve, less likely to lead to marriage

All I have on this is the abstract, but if someone can send me the study, I’d love to see the results section.

Abstract:

Cohabitation is now the modal first union for young adults, and most marriages are preceded by cohabitation even as fewer cohabitations transition to marriage. These contrasting trends may be due to compositional shifts among cohabiting unions, which are increasingly heterogeneous in terms of cohabitation order, engagement, and the presence of children, as well as across socioeconomic and demographic characteristics. The author constructs 5-year cohabitation cohorts for 18- to 34-year-olds from the 2002 and 2006–2010 cycles of the National Survey of Family Growth (n = 17,890 premarital cohabitations) to examine the outcomes of cohabitations over time. Compared to earlier cohabitations, those formed after 1995 were more likely to dissolve, and those formed after 2000 were less likely to transition to marriage even after accounting for the compositional shifts among individuals in cohabiting unions. Higher instability and decreased chances of marriage occurred among both engaged and non-engaged individuals, suggesting society-wide changes in cohabitation over time.

Evidence Unseen has collected some of the other studies together.

Excerpt

Hall and Zhao (from the University of Western Ontario) studied 8,177 individuals who were ever-married. They write, “Premarital cohabitors in Canada have over twice the risk of divorce in any year of marriage when compared with noncohabitors.”[13]

Manning (et al.) writes, “Over 50% of cohabiting unions in the US, whether or not they are eventually legalized by marriage, end by separation within five years compared to roughly 20% for marriages.”[14]

Daniel Lichter and Zhenchao Qian (from Cornell University and The Ohio State University) write, “If serial cohabitors married, divorce rates were very high—more than twice as high as for women who cohabited only with their eventual husbands.”[15]

And finally, there’s this study from Life Site News.

Excerpt:

Couples who reserve sex for marriage enjoy greater stability and communication in their relationships, say researchers at Brigham Young University.

A new study from the Mormon college found that those couples who waited until marriage rated their relationship stability 22 percent higher than those who started having sex in the early part of their relationship. The relationship satisfaction was 20 percent higher for those who waited, the sexual quality of the relationship was 5 percent better, and communication was 12 percent better.

The study, published in the American Psychological Association’s Journal of Family Psychology, involved 2,035 married individuals who participated in a popular online marital assessment called “RELATE.” From the assessment’s database, researchers selected a sample designed to match the demographics of the married American population. The extensive questionnaire included the question “When did you become sexual in this relationship?”

Couples that became sexually involved later in their relationship – but prior to marriage – reported benefits that were about half as strong as those who waited for marriage.

[...]Sociologist Mark Regnerus of the University of Texas at Austin, who was not involved in the study, responded to its findings, saying that “couples who hit the honeymoon too early – that is, prioritize sex promptly at the outset of a relationship – often find their relationships underdeveloped when it comes to the qualities that make relationships stable and spouses reliable and trustworthy.” Regnerus is the author of Premarital Sex in America, a book forthcoming from Oxford University Press.

Because religious belief often plays a role for couples who choose to wait, Busby and his co-authors controlled for the influence of religious involvement in their analysis.

“Regardless of religiosity, waiting helps the relationship form better communication processes, and these help improve long-term stability and relationship satisfaction,” Busby said.

Young men and women growing up really need to be informed by their parents what they are going to want to be doing long term, and what they should be doing today to accomplish those goals. Young people benefit greatly from the guidance of older and wiser people, but in defining goals and defining the steps to reach those goals. To be a convincing parent, you have to be convinced yourself. And to be convinced yourself, you need to be seen as having knowledge, not just opinions, but knowledge. Having the right peer-reviewed papers at hand will help you to be a better parent.

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Is cohabitation a better way to prepare for marriage than courting?

Matt from Well Spent Journey sent me this assessment of cohabitation from the liberal New York Times.

Excerpt:

AT 32, one of my clients (I’ll call her Jennifer) had a lavish wine-country wedding. By then, Jennifer and her boyfriend had lived together for more than four years. The event was attended by the couple’s friends, families and two dogs.

When Jennifer started therapy with me less than a year later, she was looking for a divorce lawyer. “I spent more time planning my wedding than I spent happily married,” she sobbed. Most disheartening to Jennifer was that she’d tried to do everything right. “My parents got married young so, of course, they got divorced. We lived together! How did this happen?”

Cohabitation in the United States has increased by more than 1,500 percent in the past half century. In 1960, about 450,000 unmarried couples lived together. Now the number is more than 7.5 million. The majority of young adults in their 20s will live with a romantic partner at least once, and more than half of all marriages will be preceded by cohabitation. This shift has been attributed to the sexual revolution and the availability of birth control, and in our current economy, sharing the bills makes cohabiting appealing. But when you talk to people in their 20s, you also hear about something else: cohabitation as prophylaxis.

In a nationwide survey conducted in 2001 by the National Marriage Project, then at Rutgers and now at the University of Virginia, nearly half of 20-somethings agreed with the statement, “You would only marry someone if he or she agreed to live together with you first, so that you could find out whether you really get along.” About two-thirds said they believed that moving in together before marriage was a good way to avoid divorce.

That’s a nice idea – wanting protection against divorce. But I think these hopeful attitudes that young people have about cohabitation and the utility / harmlessness of premarital sex, is so much whistling past the graveyard. The fact is that cohabitation does not improve marital stability. Young people believe it because they want to believe it. Let’s look at the evidence to see why.

Cohabitation is a bad idea because what it says is that sex is not to be confined to marriage, but it is instead for recreational purposes outside of marriage. If men and women cannot demonstrate that they are capable of self-control prior to marrying by functioning in a relationship based on commitment and not based on pleasure, then they are not qualified for marriage. Cohabitation is associated with higher risks of divorce because it works to undermine the need for quality communication during courting and the need for commitment that is based on discipline, instead of pleasure.

Research has shown that pre-marital chastity produces more stable and higher quality marriages. And that’s because chastity helps people to focus on conversations and obligations instead of the recreational sex which clouds the judgment and glosses over the seriousness of marriage. Premarital sex rushes the relationship to the point where it is harder to break it off because of the sunk costs of sex and the pain of the break-up. Courtship is the time to discuss the things that break up marriages, like finances and division of labor. It is also the time to demonstrate self-control and fidelity.

More:

Couples who cohabit before marriage (and especially before an engagement or an otherwise clear commitment) tend to be less satisfied with their marriages — and more likely to divorce — than couples who do not. These negative outcomes are called the cohabitation effect.

Researchers originally attributed the cohabitation effect to selection, or the idea that cohabitors were less conventional about marriage and thus more open to divorce. As cohabitation has become a norm, however, studies have shown that the effect is not entirely explained by individual characteristics like religion, education or politics. Research suggests that at least some of the risks may lie in cohabitation itself.

As Jennifer and I worked to answer her question, “How did this happen?” we talked about how she and her boyfriend went from dating to cohabiting. Her response was consistent with studies reporting that most couples say it “just happened.”

“We were sleeping over at each other’s places all the time,” she said. “We liked to be together, so it was cheaper and more convenient. It was a quick decision but if it didn’t work out there was a quick exit.”

She was talking about what researchers call “sliding, not deciding.” Moving from dating to sleeping over to sleeping over a lot to cohabitation can be a gradual slope, one not marked by rings or ceremonies or sometimes even a conversation. Couples bypass talking about why they want to live together and what it will mean.

The problem with young people today is that they want marriage as “a blissful state where I will get whatever I want without having to do anything, and where I am free from the consequences of my own selfishness”.  They don’t want marriage as commitment, moral obligations, serving others and self-sacrifice. By avoiding conversations about who will do what, and what needs doing, they can fool themselves by thinking that happy sex and happy drinking and happy dancing will naturally turn into happy marriage. But marriage isn’t about feeling happy, it’s about being a sinful person who now has to learn to love another sinful person and has to train and lead selfish, rebellious children so they are able to serve God and others.

If you asked me, I would tell you that courting is protection against a bad marriage. And the aim of courting is to interview the other person so that you can see whether they understand the demands of the marriage and whether they can perform their duties to their spouse and children. In particular, men should investigate whether the woman has prepared (or is willing to prepare now) to perform her roles as wife and mother, and women should investigate whether the man has prepared to perform his roles as protector, provider and moral/spiritual leader (or is willing to prepare now). Courting is not designed to be fun, although it can be fun. It is not meant to make people feel happy, it is mean to prepare them for marriage. And this is because you cannot translate fun and happy into marriage, because marriage is about well-defined roles, self-sacrifice and commitment. Marriage is about following through for the other person, whether you get what you want or not.

And that’s why I encourage men to very gently and subtly guide the relationship in a way that will allow both the woman and himself to practice their expected marital duties, see how they feel about their duties and get better at being able to perform them.

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