Wintery Knight

…integrating Christian faith and knowledge in the public square

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

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

Excerpt:

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

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

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

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

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

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

Filed under: Commentary, , , , , , , , , , , , , , , , , , ,

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, , , , , , , , , , , , , , , , , , , , , , ,

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, , , , , , , , , , , , , , , , , , , , , , ,

Thomas Sowell: is the political left really concerned about helping minorities?

Economist Thomas Sowell

Economist Thomas Sowell

Do people who talk about race the most actually favor policies to help minorities? Thomas Sowell writes about it in Investors Business Daily.

Excerpt:

If anyone wanted to pick a time and place where the political left’s avowed concern for minorities was definitively exposed as a fraud, it would be now — and the place would be New York City, where far left Mayor Bill de Blasio has launched an attack on charter schools, cutting their funding, among other things.

These schools have given thousands of low-income minority children their only shot at a decent education, which often means their only shot at a decent life. Last year 82% of the students at a charter school called Success Academy passed citywide mathematics exams, compared to 30% of the students in the city as a whole.

Why would anybody who has any concern at all about minority young people — or even common decency — want to destroy what progress has already been made?

One big reason, of course, is the teachers’ union, one of de Blasio’s biggest supporters.

But it may be more than that. For many of the true believers on the left, their ideology overrides any concern about the actual fate of flesh-and-blood human beings.

Something similar happened on the West Coast last year. The American Indian Model Schools in Oakland have been ranked among the top schools in the nation, based on their students’ test scores.

This is, again, a special achievement for minority students who need all the help they can get.

But, last spring, the California State Board of Education announced plans to shut this school down!

Why? The excuse given was that there had been suspicious financial dealings by the former — repeat, former — head of the institution. If this was the real reason, then all they had to do was indict the former head and let a court decide if he was guilty or innocent.

There was no reason to make anyone else suffer, much less the students. But the education establishment’s decision was to refuse to let the school open last fall. Fortunately a court stopped this hasty shutdown.

These are not just isolated local incidents. The Obama administration has cut spending for charter schools in the District of Columbia and its Justice Department has intervened to try to stop the state of Louisiana from expanding its charter schools.

Why such hostility to schools that have succeeded in educating minority students, where so many others have failed?

Some of the opposition to charter schools has been sheer crass politics. The teachers’ unions see charter schools as a threat to their members’ jobs, and politicians respond to the money and the votes that teachers’ unions can provide.

The net result is that public schools are often run as if their main function is to provide jobs to teachers. Whether the children get a decent education is secondary, at best.

In various parts of the country, educators who have succeeded in raising the educational level of minority children to the national average — or above — have faced hostility, harassment or have even been driven out of their schools.

Not all charter schools are successful, of course, but the ones that are completely undermine the excuses for failure in the public school system as a whole. That is why teachers’ unions hate them, as a threat not only to their members’ jobs but a threat to the whole range of frauds and fetishes in the educational system.

The autonomy of charter schools is also a threat to the powers that be, who want to impose their own vision on the schools, regardless of what the parents want.

This story reminds me of another story of people on the left blocking poor minority children from better schools, in order to protect the jobs of underperforming unionized teachers.

The Heritage Foundation explains how the Department of Justice, in a Democrat administration, hurts the poorest minority students.

Excerpt:

On August 22, 2013, the United States Department of Justice filed a motion in federal court to stop Louisiana from issuing school vouchers to low-income children in numerous school districts. DOJ is basing the suit on decades-old desegregation orders that treat Louisiana as if it were the same state it was nearly 40 years ago—something that the United States Supreme Court recently rejected in the case of Shelby County v. Holder. Ironically, DOJ’s action will prevent low-income and minority students from accessing the successful Louisiana school choice program, which empowers children, underserved in their assigned public schools, to attend schools of choice that match their learning needs. Vague, open-ended, and stale court orders should not be used to prevent educational innovation and opportunity.

Vouchers are a way of helping poor, minority students to get a quality education by letting them choose to attend better schools – any school the parents choose. But school choice is a thorn in the side of the public school unions who support the political left, because it allows poor, minority child to escape underperforming schools. Poor, minority students don’t help Democrats to get elected, but public school teachers do. And that’s why the administration sides with them against the children. On the other side of the aisle, it’s the conservatives who push for more school choice, and better education for poor and minority students.

But education policy is only one area where minorities are harmed by leftist policies.  Minimum wage is another obvious choice.

Let’s take a look at the data and see how minorities are affected by leftist policies.

Excerpt:

Battles are brewing in New York, California, Minnesota and the nation’s capital over hiking minimum wages, with Democrats having the votes to ram through hikes in all four cases.

These politicians are claiming the moral high ground, saying it will help the poorest in our communities. Don’t be fooled.

Hiking the minimum wage hurts — not helps — the lowest-paid workers, especially young black men. A 10% hike in the minimum wage causes a 2.5% drop in employment among young white men without a high school diploma and a staggering 6.5% drop among young black men without that degree.

Young black males get clobbered three times as hard because they tend to work in the fast-food and restaurant industries, where any increase in labor costs produces layoffs.

[…]Only 5% of American workers earn the federal minimum, according to the latest government data, compared with 13% in 1979. Minimum wage workers are largely first-time workers. They are learning what all of us learn on our first job: to be prompt, dress appropriately, do what the boss asks and be reliable.

First-time workers face the biggest risk of being priced out of the job market by a minimum wage hike. They aren’t worth much to an employer when they start working. They don’t have the skills.

When the government increases the minimum wage, it’s more expensive to hire first-timers. According to David Neumark and J.M. Salas, University of California economists, and William Wascher of the Federal Reserve Board, “minimum wages tend to reduce employment among teenagers.”

[…]All teens are harmed, but black male teenagers are hit hardest by minimum wage hikes, according to a 2011 study by labor economists David Macpherson and William Evans. Unemployment among young black males is currently 29%, double the rate for young white males.

Macpherson and Evans found the reason is that one out of three young black men without a high school diploma works in the restaurant/fast-food industry, where profit margins are thin. Any labor-cost hikes compel these businesses to cut their workforce.

The truth of the matter is that the real minimum wage is zero. In order to help minority young people find jobs, we should strengthen the institution of marriage, encourage people to get married and stay married, lower taxes on businesses, lower regulations on businesses, and so on. But strangely, the people who talk the most about helping the poor and poor minorities in particular are all opposed to that. The Democrats won’t even build the Keystone XL pipeline or expedite other energy development initiatives to create good paying jobs. So don’t believe that people who talk the most about poverty actually have the right answers about how to solve it. After all, the Obama administration talked a lot about health care, but clearly the people who lost their doctors, lost their health care, or are paying more for less health care, do not now believe that Obamacare was the answer to the health care problem.

If you’re looking for a good recent study on the minimum wage and minority youth, take a look at this study from the Employment Policies Institute. More studies here in a previous post on this blog.

Filed under: News, , , , , , , , , , , , , , , , , , , , , , , , , , ,

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, , , , , , , , , , , , , , , , , , , , , , ,

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