“Shout-Out” to Family-Friendly Legislators – Thanks!

Springfield IIby standerinfamilycourt  9/29/2014

Last week I posted about HB1452, which would considerably harshen Illinois’ unilateral (“No-Fault”) divorce law, going against the recent trend of some states to start reigning in unilateral divorce due to the generally poor outcome for families.   (Much touted, quite the opposite delivered).

Shamefully, HB1452 passed 90-17 in the Illinois House of Representatives on April 10, 2014, and will be taken up in the Senate during the veto session which commences tomorrow.   I previously detailed the harmful aspects of this bill.    Today, I’d like to extend gratitude to the brave minority of representatives who  put families first and voted NO.     Although belated, I am also mailing each of them a personal note of thanks along with a copy of the letter I’m currently writing to my state senator.

A hearty round of applause, and muchas gracias to:

John E. Bradley (D),  Marion, IL

Adam Brown (R), Champaign, IL

John M. Cabello (R), Loves Park, IL

John D. Cavaletto (R), Salem, IL

Katherine Cloonen (D), Kankakee, IL

Jerry F. Costello (D), Red Bud, IL

C. D. Davidsmeyer (R), Jacksonville, IL

Brad E. Hallbrook (R), Charleston, IL

Josh Harms (R), Watseka, IL

Jeanne M. Ives (R), Wheaton, IL

Dwight Kay (R), Edwardsville, IL

David R. Leitch (R), Peoria, IL

Frank J. Mautino (D), Spring Valley, IL

Bill Mitchell (R), Decatur, IL

Thomas Morrison (R), Palatine, IL

David Reis (R), Olney, IL

Keith Sommer (R), Morton, IL

The results clearly show that standing in the gap for families is a bi-partisan issue.    (With marriage redefinition occurring in 2013 in Illinois and taking effect six weeks after this family law vote, it’s also fascinating to note that two of the three openly homosexual legislators in the Illinois House chose to vote “Present” instead of “Yes”.   Since a significant portion of the bill is about child welfare arrangements, and so much is said about the challenges of gay parenting, this is even more interesting.)

7 Times Around the Jericho Wall

– by standerinfamilycourt.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dr. Helen Alvare: Uphold Conscience Protection: Religious Freedom’s Contribution to the American Experience and Threats to its Survival

Freedom of Religion According to the Illinois Constitution

SECTION 3. RELIGIOUS FREEDOM

The free exercise and enjoyment of religious profession
and worship, without discrimination, shall forever be
guaranteed, and no person shall be denied any civil or
political right, privilege or capacity, on account of his
religious opinions; but the liberty of conscience hereby
secured shall not be construed to dispense with oaths or
affirmations, excuse acts of licentiousness, or justify
practices inconsistent with the peace or safety of the State.

In addition to the above, Illinois has enacted a Religious Freedom Restoration Act (RFRA) which provides that a law, even if it applies equally to all citizens, cannot strip away or punish the right to act on one’s religious conscience or refuse to act because of conscience, unless there is a compelling government interest at stake, and unless the government has selected the least restrictive means to achieve that interest.    Recent Federal cases have defined a compelling government interest well beyond just a legitimate purpose – for example, Korte v Sebelius  stated that the interest must be of the highest order or urgency and be of surpassing importance, and there must be a close fit between the government interest and the means chosen to implement it.

Can we really say that the state’s interest in assuring  individual sexual autonomy surpasses the rights and interests of one’s established family?   Is it really such that the government has a compelling interest in guaranteeing individual autonomy to the extent that there is to be no economic penalty in renouncing family commitments?     If so, there is indeed a close fit in punishing all religious and moral objectors who stand in the way.    But if some of the other lofty ideals piously stated in the “no-fault” law are truly the government aim, then the fit between ends and means has been proven by a 37 year track record to be sorely lacking!    Further, several 2013-2014 rulings in Federal court have suggested that state enablement of  sexual autonomy falls short of being a compelling government interest.    (Korte v Sebelius; Robichaux v Caldwell; Borman v Pyles-Borman)

Without conscience protections, the free exercise of religion is not possible.    Discrimination by family courts against religious objectors to unilateral divorce via bias in matters of procedural due process,  child welfare outcomes and property division is against the letter of Illinois law  and must not be tolerated.

On the other hand, entrenched unilateral divorce proponents within the judicial and legal community seem to be in the very business of protecting the acts of licentiousness of  offender spouses who file divorce petitions, and of rewarding practices inconsistent with the peace and safety of the state.    This is turning Section 3 of the Illinois Constitution on its head in utter tyranny.

It is against this backdrop that I offer the commentary of Dr. Helen Alvare of George Mason University, Washington D.C.

Witherspoon Inst Pub Discourse

“….It appears that lawmakers are responding more to cultural and media elites who express overt hostility to religion, or they are simply confused about the true meaning and purpose of marriage and the family…..

…the expansion of state power, combined with a “creeping” notion of human or civil “rights,” also jeopardizes religious freedom today. Government regulation has spread to nearly every sphere of life and thus imposes more constraints upon a wide variety of religious ministries. At the same time, “rights” language is increasingly applied to human “wants” rather than “needs.” It is used to promote individualism and particular ideologies, rather than universally recognized attributes of human life or dignity. This increase in regulation, combined with “rights creep,” leads directly to refusals to grant religious exemptions, on the ground that people have human “rights” to consensual sexual expression with any other person, or to kill an unborn child, and that “rights” do not permit exemptions for the sake of conscience.’

Read the full article:  http://www.thepublicdiscourse.com/2011/08/3800/

Helen Alvaré is an associate professor at George Mason University School of Law and a senior fellow of the Witherspoon Institute.

Illinois HB1452: Family-Toxic Law Stealthily Seeking to Become Vastly More So!

 

Heads up, Illinois!             You will not read a word about this in the liberal mainstream media, and (sadly) neither will you hear about this even from the pro-family organizations of this state, nor the alternative Christian media.    The impact on your family, and your children’s families will be devastating if this bill is allowed to quietly pass into law this fall,  as predicted by the Illinois State Bar Association,  after the legislature reconvenes October 1.

I surely don’t mean to “diss” the hardworking, diligent family champions such as the Illinois Family Institute, who work absolutely tirelessly “as unto the Lord” to hold back much toxic social-engineering legislation each year with a limited budget, not to mention having to deal with the less-than-biblical sensibilities of some of their larger donors who rather prefer the current system of church-blessed serial monogamy (based on “biblical grounds”, of course! )  To their huge credit, IFI was instrumental in 2013 in rallying the faithful of this state from south to north, east to west to nearly stop a well-funded freight train of media and big-government support for (further) redefining marriage in Illinois.   Theirs was unquestionably one of the best-organized efforts I’ve ever observed, and their events were, every one of them, purely to God’s glory!    I’ve corresponded more than once with IFI’s leadership about HB1452 and they were cordial and gracious, assuring me they were working diligently behind the scenes in Springfield, but it “wasn’t  time yet” to inform the public about a bill that is taking deadly aim against the persistent remnants of the traditional family in this state, and which hardly anyone in the general public is even aware of.

Despite IFI’s off-the-record assurances, this bill passed in the state house and was referred to the state senate as the 2014 spring session wound down.   An appalling number of conservatives voted for it in the total absence of any public pressure or visibility.   (My state rep was absent that day.)

So with no media or family advocacy coverage, and no mention whatsoever by my own state rep (a conservative), how did I ever find out about this legislation?   I was sitting in the cafeteria of our county judicial center just about a year ago, having lunch with my attorney during a break from defending against the civil charge of “irreconcilable differences” brought by my husband of nearly 40 years against me and our suddenly “irretrievable” marriage.    Despite being assigned a very biased judge, we were having some limited early success in bringing admissible evidence against each of the 4 or 5 points the current law uses to define “irreconcilable differences”.    Mr. W looked at me and told me, “Mrs. V, you know that’s all about to change”.    He went on to explain that the 2 year required separation period was about to be reduced to 6 months, and there would no longer be any space allowed in the law to bring a defense against allegations of “irreconcilable differences”.

Respondent Meme

Even the rankest criminal has the constitutional right in our country to bring evidence to defend himself or herself, and (by extension) defend the integrity of his or her family, but not so for those who stand in the way of unfettered narcissism and sexual anarchy.    To be fair, Illinois was in the tiniest minority of states in seeking to give families space to reconcile – this law will simply imitate the vast majority of other states who already crush familes and subjegate the parental, conscience and property rights of non-offending spouses with lightning speed.    Up to now, Illinois also boasted of a substantially lower divorce rate than most states, as high as it is, but that’s about to radically change, too.

It’s important to understand that very much like the original wave of unilateral (“no-fault”) divorce legislation 40 or so years ago, there is and was no public outcry or broad demand for it.    It was simply foisted unsought on the public by a consortium of feminists and the legal profession,  including some with substantial personal conflicts of interest.   My imminent divorce appeal gave me reason today to try and find out which organizations or special interest groups are actually backing this bill.   I called the office of the sponsor, Rep. Kelly Burke to inquire, and was told it was supported by only one backing organization,  the Children’s Rights Council.    Rep. Burke’s staffer then volunteered, “DHS, the ACLU and the Illinois State Bar Association hold no position”.   REALLY?     Actually, aside from the marriage-assassination provisions, there is a lot in the bill related to child welfare (if you can call massive government intrusion into parental rights without the slightest proof of fault “welfare”), hence the lone backer.

I can only conclude that the media collusion / censorship that affords this bill its stealth makes it unnecessary for various bar groups with a substantial vested economic interest to risk showing their colors to the public.   No opposition is expected or planned for.   They do not expect you to call your state senator and urge them to oppose this bill.    By design, they do not expect you and I, their constituents, to even know about it.   They don’t fear any meaningful opposition from the usual champions of the traditional family whom they know aren’t willing to publicly clean up their own heterosexual house first before protesting in front of someone else’s homosexual abode.    As my religious freedom / constitutional attorney recently put it, “it’s not a very sexy fund-raising cause”.   Sometimes the very best of us forget that nevertheless God is watching and grieving.     Could it be that this is a reason He’s not giving us more traction against the tsunami of homofacism that is steadily stealing our religious liberty, and (ultimately) our democracy?

Those who don’t like to read long blogs can probably jump off now, but for the inquisitive (and patient), I’d like to share and comment on a few of the points and attitudes in the draft legislation.   You are entitled to know whether your legislators are actually representing you well.

13 (750 ILCS 5/102) (from Ch. 40, par. 102)
14 Sec. 102. Purposes; Rules of Construction. This Act shall
15 be liberally construed and applied to promote its underlying
16 purposes, which are to:
17 (1) provide adequate procedures for the solemnization and
18 registration of marriage;
19 (2) strengthen and preserve the integrity of marriage and
20   safeguard family relationships; 
21 (3) promote the amicable settlement of disputes that have
22   arisen between parties to a marriage;
23   (4) mitigate the potential harm to the spouses and their
24   children caused by the process of an action brought under this
HB1452 Engrossed – 15 – LRB098 02948 HEP 32963 b
1 Act, and protect children from exposure to conflict and
2 violence legal dissolution of marriage;
3 (5) ensure predictable decision-making for the care of
4 children and for the allocation of parenting time and other
5 parental responsibilities, and avoid prolonged uncertainty by
6 expeditiously resolving issues involving children;
7 (6) recognize the right of children to a healthy
8   relationship with parents, and the responsibility of parents to
9   ensure such a relationship;
10 (7) acknowledge that the determination of children's best
11   interests, and the allocation of parenting time and significant
12   decision-making responsibilities, are among the paramount
13   responsibilities of our system of justice, and to that end:
14 (A) recognize children's right to a strong and healthy
15 relationship with parents, and parents' concomitant right
16 and responsibility to create and maintain such
17 relationships;
18 (B) recognize that, in the absence of domestic violence
19 or any other factor that the court expressly finds to be
20 relevant, proximity to, and frequent contact with, both
21 parents promotes healthy development of children;
22 (C) facilitate parental planning and agreement about
23 the children's upbringing and allocation of parenting time
24 and other parental responsibilities;
25 (D) continue existing parent-child relationships, and
26   secure the maximum involvement and cooperation of parents
HB1452 Engrossed – 16 – LRB098 02948 HEP 32963 b
1 regarding the physical, mental, moral, and emotional
2   well-being of the children during and after the litigation;
3 and
4 (E) promote or order parents to participate in programs
5 designed to educate parents to:
6 (i) minimize or eliminate rancor and the
7   detrimental effect of litigation in any proceeding
8   involving children; and
9 (ii) facilitate the maximum cooperation of parents
10 in raising their children;
11 (8) (5) make reasonable provision for support spouses and
12 minor children during and after an underlying dissolution of
13 marriage, parentage, or parental responsibility allocation
14 action litigation, including provision for timely advances
15 awards of interim fees and costs to all attorneys, experts, and
16 opinion witnesses including guardians ad litem and children's
17 representatives, to achieve substantial parity in parties'
18 access to funds for pre-judgment litigation costs in an action
19 for dissolution of marriage;
20 (9) (6) eliminate the consideration of marital misconduct
21 in the adjudication of rights and duties incident to the legal
22 dissolution of marriage, legal separation and declaration of
23 invalidity of marriage; and
24 (7) secure the maximum involvement and cooperation of both
25 parents regarding the physical, mental, moral and emotional
26 well-being of the children during and after the litigation; and
HB1452 Engrossed – 17 – LRB098 02948 HEP 32963 b
1 (10) (8) make provision for the preservation and
2 conservation of marital assets during the litigation.
3 (Source: P.A. 89-712, eff. 6-1-97.)

 

In the above excerpt, I took the liberty of bolding the lofty aims of those-who-know-far-better-than-us.    When a law is being judged for its constitutionality which intrudes on fundamental rights, the following questions are supposed to be asked:

(1) is the law absolutely necessary to achieve the stated objective?   (2) does it actually achieve the stated objective?                                            (3) is there a less intrusive way to achieve the stated objective?

All of these questions seem laughable at best in the context of forced divorce-on-demand.

I also italicized the portions that to me flaunt the arrogance of  these sponsoring legislators, as if the existing law wasn’t presumptuous enough!     Marriage (and the moral right to stay married,  absent a pattern of destructive behavior toward the marriage) is a fundamental right.    That right is given by God, not government.  Intrusion by the government into the life of the family in the absence of proven wrongdoing, at the sole request of the offending spouse and over the objection of the non-offending spouse, in order to supervise the conduct of the family is beyond arrogant – it’s heinous and unconscionable!   I find it hideous that these smug legislators then consider us and not themselves to be the very source of the problem!     The disgusting result, all too often, is that the “improvement” the court has engineered turns out to be exposure of the children to an immoral cohabiting relationship with a boyfriend or girlfriend who then abuses the children while their non-offending, non-custodial parent , thanks to the legislative wisdom of disregarding marital misconduct, is left helpless to do anything about it.    That offends God:

“In body and spirit you are his.    And what does he want?  Godly children from your union.”    Malachi 2:15 

Sec. 401. Dissolution of marriage.
5 (a) The court shall enter a judgment of dissolution of
6 marriage when if at the time the action was commenced one of
7 the spouses was a resident of this State or was stationed in
8 this State while a member of the armed services, and the
9 residence or military presence had been maintained for 90 days
10 next preceding the commencement of the action or the making of
11 the finding:
12 Irreconcilable differences have caused the irretrievable
13 breakdown of the marriage and the court determines that efforts
14   at reconciliation have failed or that future attempts at
15   reconciliation would be impracticable and not in the best
16   interests of the family.
17 (a-5) If the parties are separated for 6 consecutive
18 months, which period may commence prior to or after the filing
19 of an action for dissolution of marriage under this Act, there
20   will be an irrebuttable presumption that the requirement of
21   irreconcilable differences has been met. ; provided, however,
22 that a finding of residence of a party in any judgment entered
23 under this Act from January 1, 1982 through June 30, 1982 shall
24 satisfy the former domicile requirements of this Act; and if
25 one of the following grounds for dissolution has been proved:
HB1452 Engrossed – 23 – LRB098 02948 HEP 32963 b
1 (1) That, without cause or provocation by the
2 petitioner: the respondent was at the time of such
3 marriage, and continues to be naturally impotent; the
4 respondent had a wife or husband living at the time of the
5 marriage; the respondent had committed adultery subsequent
6 to the marriage; the respondent has wilfully deserted or
7 absented himself or herself from the petitioner for the
8 space of one year, including any period during which
9 litigation may have pended between the spouses for
10 dissolution of marriage or legal separation; the
11 respondent has been guilty of habitual drunkenness for the
12 space of 2 years; the respondent has been guilty of gross
13 and confirmed habits caused by the excessive use of
14 addictive drugs for the space of 2 years, or has attempted
15 the life of the other by poison or other means showing
16 malice, or has been guilty of extreme and repeated physical
17 or mental cruelty, or has been convicted of a felony or
18 other infamous crime; or the respondent has infected the
19 other with a sexually transmitted disease. "Excessive use
20 of addictive drugs", as used in this Section, refers to use
21 of an addictive drug by a person when using the drug
22 becomes a controlling or a dominant purpose of his life; or
23 (2) That the spouses have lived separate and apart for
24 a continuous period in excess of 2 years and irreconcilable
25 differences have caused the irretrievable breakdown of the
26 marriage and the court determines that efforts at
HB1452 Engrossed – 24 – LRB098 02948 HEP 32963 b
1 reconciliation have failed or that future attempts at
2 reconciliation would be impracticable and not in the best
3 interests of the family. If the spouses have lived separate
4 and apart for a continuous period of not less than 6 months
5 next preceding the entry of the judgment dissolving the
6 marriage, as evidenced by testimony or affidavits of the
7 spouses, the requirement of living separate and apart for a
8 continuous period in excess of 2 years may be waived upon
9 written stipulation of both spouses filed with the court.
10 At any time after the parties cease to cohabit, the
11 following periods shall be included in the period of
12 separation:
13 (A) any period of cohabitation during which the
14 parties attempted in good faith to reconcile and
15 participated in marriage counseling under the guidance
16 of any of the following: a psychiatrist, a clinical
17 psychologist, a clinical social worker, a marriage and
18 family therapist, a person authorized to provide
19 counseling in accordance with the prescriptions of any
20 religious denomination, or a person regularly engaged
21 in providing family or marriage counseling; and
22 (B) any period of cohabitation under written
23 agreement of the parties to attempt to reconcile.
24 In computing the period during which the spouses have lived
25 separate and apart for purposes of this Section, periods during
26 which the spouses were living separate and apart prior to July
HB1452 Engrossed – 25 – LRB098 02948 HEP 32963 b
1 1, 1984 are included.

 

The vast sea of stricken language above is the removal of any option or requirement to prove fault, or have fault proven as a condition of goverment intrusion into marital privacy and the  conduct of the family.    The italicized arrogance is that the court [ i.e. government intrusion] will determine whether or not reconciliation attempts have failed, and whether reconciliation is in the best interest of the family.   In reality, God decided both of these issues a very long time ago but government here seeks to put itself in the place of God.

Many who are blessed with healthy marriages may be reading this and wondering if the fight against government interference with the family is worth the energy.   I say it is if you are a taxpayer who ever held out a hope that state and federal governments would one day be able to balance their budgets again.    I submit that divorce-on-demand is a key reason why this will never be the case again unless unilateral divorce is repealed or overturned nationwide.    Pastors in the inner city minority communities have watched poverty grow as family law disintegrated into the moral abyss.    Part of it is consequential and part is God’s judment as promised.

Look, I am sending you the prophet Elijah before the great and dreadful day of the Lord arrives.   His preaching will turn the hearts of fathers to their children, and the hearts of children to their fathers.  Otherwise I will come and strike the land with a curse.”

All citizens, and especially the entire community of believers should be in the face of their legislators about this law.    Instead of further corrosion of marriage and family, we can insist that faultless divorce be by mutual consent only, and that consequences be restored for destructive behavior that seriously undermines the integrity of the marriage.   As a constitutional matter, we should be demanding that only  under such proven circumstances may a government entity intrude itself into a marriage.

7 Times Around the Jericho Wall | Let’s Repeal No-Fault Divorce

– by standerinfamilycourt.com

 

 

 

 

Another Honey Maid Whitewash

I’ve been struggling for days over just what to say about this Honey Maid commercial recently shared by the Coalition for Divorce Reform on their facebook page:  http://www.youtube.com/watch?v=8hOC7H32W20&feature=youtu.be.   I truly didn’t want to sound mean, but silence is not appropriate either, it seems.   Many Christians, even, have been given horrible and unbiblical counsel over many years by their pastors, who in turn were just following the official position of their Protestant denomination, whose leadership most likely sold out in the 1970’s to the tide of “no-fault” divorce sweeping the nation at the time.   Those denominational leaders felt compelled to make their position on divorce and remarriage more “relevant”  so as to head off the loss of membership and finances.    Never mind that Jesus was very clear about His views on “blended families” that don’t result solely from widowhood:   (Luke 16:18) “Everyone who divorces his wife and marries another commits adultery, and he who marries one who is divorced from a husband commits adultery.”

During the last Super Bowl, I believe it was Honey Maid whose similar schmaltz-offering likewise extolled homosexual parenting as though the ample evidence of toxicity in those arrangements wasn’t plainly manifest in news articles about pedophilia and child molestation in those homes,  or in the wistfully dysfunctional accounts of young adults who have been raised in lesbian homes, many of which were established in the aftermath of a heterosexual divorce – a situation that is increasingly common.    Of course, there was conveniently no mention of the results of a 20-year longitudinal study published by the University of Texas in 2012 that  showed the poor wide-ranging outcomes of every kind of childrearing arrangement vs. an intact, married heterosexual family (i.e. God’s model, eloquently described by Jesus in Matthew 19:4-6).

In this latest installment, the toxic outcomes of living out a culture of adulterous remarriage are likewise swept aside in a glisteningly sentimental display of affirmation.   Nowhere is the precipitously higher failure rate of second, third and fourth marriages mentioned.   Nowhere is it mentioned that spouse #2 might just be of the same gender these days.    Nowhere is there mention of the higher rate of teen pregnancy, substance abuse, same-sex attraction, suicide attempts / completions, or next generation marriage failure among the children of these “blended” families.    Nowhere is the high suicide rate among divorced, even remarried men such as Robin Williams mentioned.   Not broken, they say!

Why is it not OK to be broken and just admit it, Honey Maid?    King David, the ultimate “blended family” guy, showed us in Psalms 32 and 51 that the sort of brokenness that brings us to our knees, in sacrifice of our preference to just feel good, is actually the beginning of true wholeness.

7 Times Around the Jericho Wall  / Let’s Repeal No-Fault Divorce

– by standerinfamilycourt.com