by Attorney and commentator Jennifer Braceras has an op-ed in today’s Boston Herald responding to Time Magizine’s recent cover story entitled “Who Needs Marriage” and a recent Pew Study on the state of marriage and out of wedlock births in the United States. If she is correct in her assessment, as I think she is, what can be done about this crisis and what role can – should - law play?
Also post on Mirror of Justice
Well, I would first respond with asking, what has our culture and legal system done to encourage this movement away from marriage? First, the no-fault divorce laws contributed to a rapid increase in the number of divorces. It is estimated that the changes from the fault-based system to no-fault divorce “may account for somewhere between 15 and 25 percent of the increase in divorce that took place in the seventies.” Today, “nearly half of the children born to married parents in this country go through a divorce experience before they are eighteen – about one million children each year.” Moreover, “at least 500,000 children under the age of six lose their families to the tragedy of divorce and approximately half of all marriages in this country end in divorce.” If the fifteen to twenty-five percent increase in the divorce rate is an accurate reflection of the impact of no-fault laws on divorce, then at least 150,000 children in this country would not have been through a divorce by age eighteen. Result being, if you want change, change the no-fault divorce law.
Second, we look to the cost that the media has played in our lives. Where at one point shows like Leave it to Beaver were popular for families, now young children are watching The Hills and The Bachelorette. Sex is in almost every television show, whether directly or indirectly. The Pew Research Center also came out with information regarding television shows. Pew found, “ABC’s Desperate Housewives is the most popular broadcast-network television show with kids aged 9-12 according to Nielsen stats. It airs at 10/9. (Jan. 05).” Further, “77% say there is too much sex before marriage on television.” The cumulative impact of violence-laden imagery can lead to a “mean-world” perspective, in which viewers have an unrealistically dark view of life. – The Christian Science Monitor, November 18, 1996.
The decline of families and the rise of television watching has also caused children to go to television for information they would otherwise get from their parents. “In considering decisions about contraceptives, STDs and sexual health choices, teens are almost as likely to get their information from TV (60%) as from a health care provider (62%).” Additionally, “a majority of parents say they are “very” concerned about the amount of sex (60%) and violence (53%) their children are exposed to on TV. After being read arguments on both sides of the issue, nearly two-thirds of parents (63%) say they favor new regulations to limit the amount of sex and violence in TV shows during the early evening hours, when children are most likely to be watching (35% are opposed).”
Should the law look first to regulating divorce and bringing back no-fault divorce? Or should the laws look to regulating television? What would society look like if all television shows encouraged marriage, Christianity, relationships, love, and forgiveness? Does this sound too utopist? Possibly, but it is a start to finding a solution to the growing problem of divorce and children growing up in broken homes.
See
Maggie Gallagher & Barbara Dafoe Whitehead, First Things: End No-Fault Divorce? 24-30 (1997).
Clarke-Stewart, supra note 50 at 106.
Boyd, supra note 57 at 610.
http://www.parentstv.org/ptc/facts/mediafacts.asp.
Well, I would first respond with asking, what has our culture and legal system done to encourage this movement away from marriage? First, the no-fault divorce laws contributed to a rapid increase in the number of divorces. It is estimated that the changes from the fault-based system to no-fault divorce “may account for somewhere between 15 and 25 percent of the increase in divorce that took place in the seventies.” Today, “nearly half of the children born to married parents in this country go through a divorce experience before they are eighteen – about one million children each year.” Moreover, “at least 500,000 children under the age of six lose their families to the tragedy of divorce and approximately half of all marriages in this country end in divorce.” If the fifteen to twenty-five percent increase in the divorce rate is an accurate reflection of the impact of no-fault laws on divorce, then at least 150,000 children in this country would not have been through a divorce by age eighteen. Result being, if you want change, change the no-fault divorce law.
Second, we look to the cost that the media has played in our lives. Where at one point shows like Leave it to Beaver were popular for families, now young children are watching The Hills and The Bachelorette. Sex is in almost every television show, whether directly or indirectly. The Pew Research Center also came out with information regarding television shows. Pew found, “ABC’s Desperate Housewives is the most popular broadcast-network television show with kids aged 9-12 according to Nielsen stats. It airs at 10/9. (Jan. 05).” Further, “77% say there is too much sex before marriage on television.” The cumulative impact of violence-laden imagery can lead to a “mean-world” perspective, in which viewers have an unrealistically dark view of life. – The Christian Science Monitor, November 18, 1996.
The decline of families and the rise of television watching has also caused children to go to television for information they would otherwise get from their parents. “In considering decisions about contraceptives, STDs and sexual health choices, teens are almost as likely to get their information from TV (60%) as from a health care provider (62%).” Additionally, “a majority of parents say they are “very” concerned about the amount of sex (60%) and violence (53%) their children are exposed to on TV. After being read arguments on both sides of the issue, nearly two-thirds of parents (63%) say they favor new regulations to limit the amount of sex and violence in TV shows during the early evening hours, when children are most likely to be watching (35% are opposed).”
Should the law look first to regulating divorce and bringing back no-fault divorce? Or should the laws look to regulating television? What would society look like if all television shows encouraged marriage, Christianity, relationships, love, and forgiveness? Does this sound too utopist? Possibly, but it is a start to finding a solution to the growing problem of divorce and children growing up in broken homes.
See
Maggie Gallagher & Barbara Dafoe Whitehead, First Things: End No-Fault Divorce? 24-30 (1997).
Clarke-Stewart, supra note 50 at 106.
http://www.parentstv.org/ptc/facts/mediafacts.asp.
It is very obvious from this article and from the Pew study that the decline of the institution of marriage has disproportionately harmful effects on women and children. It seems to me as though we should focus our efforts on protecting children from these effects more than women, since children are the innocent parties – not having chosen to enter into such a covenant or dissolve such covenant. Furthermore, I strongly believe that people should, to a great extent, be allowed to make their own decisions regarding what types of agreements to enter into, and if they desire to dissolve their marriage I have a strong inclination to let them make their own decisions, although I firmly disagree with divorce. America was built on the foundation that people have a right to think and act for themselves, so long as their decisions do not unduly burden others. Once children enter into the picture everything changes, however, given the impact that divorce has on them. What if we focused our efforts on repealing no fault divorce laws only when children were involved? This would preserve for those who wish to dissolve a marriage the right to do so but would also respect the innocent and impressionable children.
In deciding how to “legislate morality” it is always a tough act to balance the rights and freedoms of others with our own view of the good. I firmly believe that marriage is a highly valuable institution that is sacred and beneficial to the parties involved and highly destructive when dissolved. I also, however, acknowledge that not everyone holds these same views. I do not believe that my view of the sanctity of marriage depends on the laws that exist in our society. The fact that it may be easier than I would like it to be to dissolve a marriage does not mean that I must hold the view that marriage is easily broken. As a Christian I must hold myself to God’s law alone and know that He will hold me accountable to be a good steward of the resources and relationships that I am given.