Tuesday, February 17, 2009

divorcing marriage

A staggering piece by Stephen Baskerville in Touchstone...

I've written at length that marriage has been damaged much moreso by divorce than by calls for (or movements toward) "same-sex" marriage. Baskerville expands on that and discusses the initial "grand experiment" on marriage-- the policies behind the move toward easier divorce.

G. K. Chesterton once observed that the family serves as the principal check on government power, and he suggested that someday the family and the state would confront one another. That day has arrived.

Chesterton was writing about divorce, and despite extensive public attention to almost every other threat to the family, divorce remains the most direct and serious. Michael McManus of Marriage Savers writes that “divorce is a far more grievous blow to marriage than today’s challenge by gays.”

Most Americans would be deeply shocked if they knew what goes on today under the name of divorce. Indeed, many are devastated to discover that they can be forced into divorce by procedures entirely beyond their control. Divorce licenses unprecedented government intrusion into family life, including the power to sunder families, seize children, loot family wealth, and incarcerate parents without trial. Comprised of family courts and vast, federally funded social services bureaucracies that wield what amount to police powers, the divorce machinery has become the most predatory and repressive sector of government ever created in the United States and is today’s greatest threat to constitutional freedom.

Some four decades ago, while few were paying attention, the Western world embarked on the boldest social experiment in its history. With no public discussion of the possible consequences, laws were enacted in virtually every jurisdiction that effectively ended marriage as a legal contract. Today it is not possible to form a binding agreement to create a family. The government can now, at the request of one spouse, simply dissolve a marriage over the objection of the other....

This startling fact has been ignored by politicians, journalists, academics, and even family advocates. “Opposing gay marriage or gays in the military is for Republicans an easy, juicy, risk-free issue,” wrote Gallagher. “The message [is] that at all costs we should keep divorce off the political agenda.” No American politician of national stature has ever challenged involuntary divorce....

In his famous denunciation of single parenthood, Vice President Dan Quayle was careful to make clear, “I am not talking about a situation where there is a divorce.”...

The full implications of the “no-fault” revolution have never been publicly debated...

Today’s disputes over marriage in fact have their origin in this one. Demands to redefine marriage to include homosexual couples are inconceivable apart from the redefinition of marriage already effected by heterosexuals through divorce....

If marriage is not wholly a private affair, as today’s marriage advocates insist, involuntary divorce by its nature requires constant government supervision over family life....

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