Tag Archives: Parents’ Rights

Is Satan Running Out the Clock on Reforming “No-Fault” Laws?

by Standerinfamilycourt

“For as in those days before the flood they were eating and drinking, marrying and giving in marriage, until the day that Noah entered the ark,  and they did not understand until the flood came and took them all away; so will the coming of the Son of Man be.   Then there will be two men in the field; one will be taken and one will be left.   Two women will be grinding at the mill; one will be taken and one will be left.”

So far during the pandemic and unconstitutional lockdown response, “standerinfamilycourt” has focused on completing a couple of stalled blog posts on other topics started earlier, while observing, praying and reflecting, knowing this one is going to be difficult to write, and impossible, really, without the Holy Spirit being the guest author.    How much more time do we have, if any, for the life work of removing the jackboot of “family court” from the necks of our nation’s covenant families?

As this post is being written,

– a few U.S. states are coming out of lockdown

– protests are robust in most of the U.S. states that are not easing their house arrest orders, and are running out of factual excuses

– thousands of dangerous violent and sexual offenders are being released from jails and prisons against the wishes of most citizens

– the jail space thereby freed up is being used to jail citizens who violate gubernatorial “emergency” regulations to exercise their fundamental rights to attend church services in their cars in the parking lots of their churches, along with mothers who dare take their child to the local park, or perform personal services in order to feed their children.

– evidence is emerging U.S. “deep state” actors in various Federal health watchdog agencies broke laws to assist the Chinese Communist Party (CCP) with bio-espionage plans, even financing the effort with nearly $4 million of U.S. taxpayer money after the necessary lab research was halted and banned in the U.S., and (get this) government officials and influential corporate figures personally holding several related patents!

– Chinese-made surveillance drones hover over the skies of our leftist-run cities, such as Elizabeth, NJ

$3 trillion has been added to the already-staggering national debt, amounting to about half of the expected additional outlays for the year 2020

– 30 million people have lost their jobs as a result of the media-fanned panic, driving unemployment figures upward from 2% to 20% in the span of six weeks time

– a strong push is being orchestrated worldwide to make a yet-to-be developed, test  or approved vaccine, preferably containing a “digital certificate” to contain overall immunization status, compulsory for all citizens by the end of 2020.

– evangelicals across the U.S. are getting into spirited online debates with one another about whether the Rapture will occur before the Great Tribulation begins, or at some point thereafter…

As if all this were not enough, significant credible evidence has also steadily emerged from various sources that a consortium of wealthy global elites, Big Technology interests, Big Pharmacy interests, Big Media, Communist Chinese leadership, and U.S. government agency insiders have been engineering this “pandemic” for the past few years in a centrally-orchestrated plan to remove our Constitution and our nationalist President by deliberately crashing our economy and keeping it artificially crashed until the upcoming Presidential election in November.    Here’s how one fairly well-informed Pastor Jones Northlake Baptist Church – Georgia described the plot and its timeline to his “virtual” congregation on a recent Sunday morning, in a 30 minute sermon with closing prayer.

Meanwhile, many state legislatures are out of session for the foreseeable future, and some court proceedings are being conducted via web-conferencing tools.   With “expert” predictions that the virus will return by next winter, who knows when these forums will be back to their normal operations?     Was it really just 12 months ago that Texas HB922 was under testimony in committee in the Texas House?   That day was full of obnoxious and unnecessary distractions, including a parade of gender-disordered individuals moaning about the perceived threats to their right to “marry” that a competing bill posed.   Yet those distractions seem to pale in comparison to the current lengthy, ongoing distraction from reform efforts.

Depending on the outcome of the November election, one of two unpleasant but likely scenarios threaten to further jolt the country.    On the one hand, if President Trump is re-elected, this aforementioned globalist consortium can be counted on to redouble and intensify  their efforts at espionage,  inducing treason and sabotage, possibly even triggering a multinational war, if necessary to accomplish their aims of restoring momentum to Marxist globalism.  It shouldn’t be too surprising to see one of their current leaders revealed as the Antichrist of the book of Revelation.   The pressures on families and individuals to merely survive will become as all-consuming as the last several weeks have proven to be, until and unless Trump can get the upper hand somehow.

On the other hand, if one or more of several boasted-of leftist schemes succeed in interfering with the electoral college or with the popular vote, to the advantage of Trump’s Democratic challenger, the plans to unravel our Bill of Rights will likely trigger a civil war with the constitutionalists.    John Zmirak put it this way in an April 24 article in The Stream:

“But today’s Democrats realized what 1860s Democrats didn’t. Open secession backfires. Especially when most of the private firearms in the country, and sympathies of the military, are with your opponents….

“They [ the Left ] sent a message, which they’re still sending now, with the extra force of the lockdown:

“We’re absolutely ruthless in our grasp at power. We’re willing to lie, hurt the country, slander the innocent as traitors, rapists or racists, and call our opponents murderers for disagreeing with us. You Christians and conservatives won’t go that far. So you will lose. You might as well make things easier on yourself and America, and admit it.”

Based on what’s been happening all over the country with the lockdown protests, “standerinfamilycourt” believes the Left seriously miscalculated what our constitutionalist patriots would do if the tables of circumstance were turned from 2016’s gracious outcome.   Videos like this one (SIFC full disclaimer here) have been cropping up lately with the cold calculus for a successful constitutional rescue and recovery operation.    Wars and rumors of wars….

Perhaps either scenario will lead to the kind of revival and repentance that will save our culture and way of life, and eventually result in peeling back all the anti-family legislation of the past 50 years as a result of the community-wide lesson-learned about our inescapable need for durable, traditional families as a matter of national security.   Or, perhaps this will be the beginning of the end for our 244-year grand experiment in maintaining history’s longest-running constitutional republic.

Yet… what if hundreds or thousands of the saints in the marriage permanence movement all disappeared on the same day, the ones now standing in loving chastity for restoration of their original covenant family,  as well as the ones with restored or never-threatened intact covenant marriages, leaving behind only their comrades in the movement who entered into “remarriages” while still having a living, estranged spouse, or the ones who don’t actually mind being “divorced”, but merely want 50% custody of their children and a break on their child support bill?   Some of us will be eternally relieved of our heavy cultural and legal reform burden on that day, while others of us will remain to find the movement ranks slightly thinned of those they consider “moralistic” Christians.     It could happen just before administration of the new chipped vaccine for the CCP virus becomes mandatory nationwide,  or this event might even become the final test that God uses to separate the sheep from the goats before whisking away His bride…and control of the government  of the United States becomes an irrelevance overnight, yielding to the One-World government the globally powerful instigators of this virus aspire to.   At that point, so will reform of “family laws” also become an irrelevance.   At that point, the wait will only be seven apocalyptic years before the government of Jesus Christ re-establishes the family law of Genesis 2:24 and Matthew 19:6 for the next 1,000 years.   In light of this, perhaps each covenant stander has time for little else now except pleading for the urgent redemption in Christ of the eternal souls of their friends and family members.

It’s not over until it’s over, so SIFC will carry on as the Lord instructs and enables, in the meantime.   We live in breathlessly exciting times, but we need to keep focused on the fact that those who follow Jesus know from the writings of the apostle John exactly how this story ends.    The next planned blog post will be about all the unexpected blessings from the “plandemic” world crisis, so stay tuned.

Therefore be careful how you walk, not as unwise men but as wise,  making the most of your time, because the days are evil. So then do not be foolish, but understand what the will of the Lord is.
– Ephesians 5:15-17

www.standerinfamilycourt.com

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

Are Christians Engaging in “No-Fault” Repeal Activism Sinning?

by Standerinfamilycourt

 “My kingdom is not of this world. If My kingdom were of this world, then My servants would be fighting so that I would not be handed over to the Jews; but as it is, My kingdom is not of this realm.”
– John 18:36

It is not unusual to encounter Christians who are  uncomfortable engaging in secular political activity of any type, even when a nation’s constitution is being existentially threatened, its children confiscated from fit parents and trafficked to abusers for the Federal money that changes hands with the state;  others of its children being legally murdered on the delivery table;  its elderly legally euthanized or starved in their bedridden state, and many other abuses of the human dignity of His image-bearers equally-horrific as these.

The more gentle-spirited of these cite teachers such as David Bercot, who argue the writings of the Early Church Fathers as evidence that Christ-followers must not presume to engage politically (especially ~ 26 minutes).

But there’s another camp.   More recently, these reservations of conscience have gone beyond reticent discomfort, to something resembling a more “pious” way to say “STFU“.     One young  know-it-all, whose tastes seem to run more to the social justice “gospel”, recently scolded “standerinfamilycourt” on our facebook page Unilateral Divorce is Unconstitutional, as follows:

“Also, I have noticed this trend going around that i call, “tough guy preachers” where Christians are acting harshly with people who disagree with them. I have noticed that there is a common denominator with this trend- it is the Christians who have involved themselves politically to a great degree and are passionate about king Saul… I mean Trump.

“Since you all hold to the historic Christian view of divorce and remarraige (sic), I would have all of you know that the early Christians had nothing to do with politics- in fact, they flat out refused to participate in them, the military, the government, or any institution that required their participation on the systematic disobedience to Christ’s commands.

Jesus said not to turn away those who would borrow, and will send people to hell for the sin of omission when it comes to caring for those in need.

Will Jesus say to you, “depart from me” for you voting His widows and orphans out of the country?

Maybe, just maybe this divorce and remarraige (sic) issue should be secondary for you people.”

Spoken like a young man who obviously hasn’t personally experienced much extreme harshness in life, and isn’t going to be persuaded by any amount of rightly-divided biblical arguments that actual souls are on the line (too tough-guy preacherish, right?)   This fellow makes the ridiculous presumption that those who politically support national border sovereignty, and who reject the Marxist “social gospel” as the false gospel that it is, must neglect the poor in the local and world communities.   Since he lacks any actual evidence for levelling this broad-brush charge, he uses his ideology as the defacto “evidence” thereof.   Certain things, according to scripture are indeed heaven-or-hell matters, regardless of how “fruitful” or “charitable” they look on the exterior…therefore, basic morality in the nation’s “family laws” eternally matter to at least an equal extent as the material compassion Jesus spoke of, and neither should be neglected.

As for “tough guy preachers”,  what would this pious scolder call Jesus Christ?   Or John the Baptist?   What would he call the Apostle Paul?   For that matter, what would this young man say to someone like Rachel Held Evans or Jim Wallis (who recently led a “prayer initiative” to reverse the 2016 Presidential election results)?    Apparently, Marxism in the name of Jesus is a “higher virtue” – to some,  at least – than forms of political engagement which stress personal morality and collective responsibility.    This fellow is quite typical of the clear majority of his generation, but thankfully not all of them….

Many Americans Just Don’t Know . . . While Others Must Have Forgotten

On the other side of the coin, it’s also thankfully welcome to see a committed Christ follower leading people, in the name of Jesus, to our state capitals to demand the repeal of laws that sanction utter and contemptuous disrespect for the sanctity of  life and marriage.    Who’s right here?   Whose position is godly in reality?

History has plenty of Christian activists the Lord has used to accomplish God-sized human suffering relief projects, even when some of them were not morally perfect, and quite often when some came very close to being so.    Aside from Dietrich Bonhoeffer, who was engaged in attempting to rid Germany of the Nazis, we also think of William Wilberforce,  of Dr. Martin Luther King, Jr. (in the days before he became a sodomous, philandering hypocrite whose underlying character couldn’t handle the fame),  of founding document signers like Daniel Webster, and of the many faithful disciples today who lead family policy councils or Christian legal defense ministries across the country.   We think of believers serving in Congress or the state house.    We think of believers who defied civil law to operate the Underground Railroad, freeing escaping slaves in the 19th century – an operation that involved many pastors.  Some saints have been martyred for their efforts to bring legal reform to immoral governments – can we then say they brought martyrdom on themselves due to disobedience in getting “entangled in the affairs of life” or did Paul have some other context in mind for his admonition?   Is it wrong for a Christ-follower to make a living from political activism or from government service?

There are several factors that make contemporary believers uncomfortable with Christian political activism, among them:

(1) The church is often complicit in supporting moral evils
The reasons behind an ongoing 60-year history of church impotence against the Sexual Revolution are myriad.   They range from the humanist origins of the mainline Protestant denominations and the fear of man, to the indirect mega-profit from the continuation of the legalized abomination in question.    Nothing new here:  Wilberforce had to contend with a corrupt, complicit church as well, and so did Bonhoeffer, sadly.  

(2) failure to understand the spiritual warfare involved  
Many Christians are unaware of opposition in the spiritual realm, or are unschooled in it, or are simply unwilling to take it on.    They don’t want to maintain the moral purity or rigorous spiritual discipline necessary to engage on that level and be that channel for the Lord’s power.

(3) heightened risk of idolatry and wrong motives
Speaking of spiritual warfare, if we don’t do regular health-checks on our egos and motives, and fail to guard our hearts, this target we’ve painted on our own backs by engaging the kingdom of darkness are never out of satan’s sight.    Those who do engage must constantly readjust, to maintain total dependency on the power of God, focus on the glory of God, and stay plugged into the Power Source.    That’s hard work!   We must often do so in an atmosphere of undeserved criticism and slander that’s devil-commissioned.   On top of all that, we must maintain balanced family commitments and relationships, so that our project doesn’t morph into our idol as the going gets progressively tough, and discouragements come.

(4) resource-intensiveness (time, treasure, talent)
Even Jesus counseled not to start building a tower without first counting the cost and making sure we have the resources to complete it.    He pointed out the ridicule that might come from not being able to complete it, but there’s even damage to the cause itself possible, from not reasonably sizing up what it’s going to take, and asking the Lord to meet any shortfalls before starting.

(5) interference with family relationships
Touched on earlier, the thought continues that our number one priority is the souls of our progeny and spouse.    None of us possesses the resources to clean up the world, while fulfilling our kingdom obligations to those we only get one shot at bringing up, or bringing along.     We must rely on the Lord to bridge the gap, while being as responsible as we can humanly be.   Everyone knows of missionary kids who grew up apostate or delinquent, and so do the many opponents of our kingdom calling outside the home.

(6) possible neglect of the basic gospel work
Face it, as evidenced above, we’re going to get accused by satan of this one anyway if there’s any form of sexual ethics at stake.     None of us wants the “neglect” charge to be rendered true in the course of our mission.   It really needn’t be.    Testimony to the gospel is as much of a function of how we walk before pagans and weaker Christians as we go about our task, as it is of anything we say or hand out in the form of tracts.   Some causes, if creditably walked out, are the gospel in action, especially projects involving the sanctity and integrity of marriage which is itself a prominent symbol of the gospel.

(7) political success may not yield imperishable results 
(1 Cor. 3:12-16)    And it may necessarily yield any results so in our lifetime.   Will this political cause merely increase our comfort levels while living in this present world, or will it snatch souls from the hell-flames?   Will it perhaps help stay the hand of God’s judgment on a nation?

“If any man’s work which he has built on it remains, he will receive a reward. If any man’s work is burned up, he will suffer loss; but he himself will be saved, yet so as through fire.”

What sorts of outcomes or prizes can be expected to survive the fire spoken of here?     Of Wilberforce, Bonhoeffer and King, whose political achievements do you think survived that testing fire?

Notice that the following scripture does not say, “you will go to hell unless you mind your own business and go about your own work”.    It says to make it our goal to do so.   Occasionally in the course of history there arise factors whereby leading this quiet life minding our own business entails looking the other way while true evil is inflicted on our helpless neighbor.

Make it your goal to live a quiet life, minding your own business and working with your hands, just as we instructed you before. and to aspire to live quietly, to attend to your own matters, and to work with your own hands, as we instructed you, so that you will behave properly toward outsiders and not be in any need.–  1 Thessalonians 4:11-12

This is certainly not the first article ever written asking this question, but “standerinfamilycourt” has a pointed reason for bringing the matter back up now: we need more success engaging pastor support at the state level in the repeal of unilateral “no-fault” divorce laws, as courageous legislators in various states sponsor worthy reform bills that might not otherwise have a chance of being enacted.   So far, these legislators have not had the clergy support they deserve for this cause.    We would like to improve the pastor engagement levels, without which ultimate success at meaningfully reforming “family laws” seems remote.

www.standerinfamilycourt.com

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

So What (ELSE) Has 50 Years of “No-Fault” Divorce Gotten Us?

by Standerinfamilycourt

To deliver you from the strange woman,
From the adulteress who flatters with her words;
That leaves the companion of her youth
And forgets the covenant of her God;
For her house sinks down to death
And her tracks lead to the dead;
None who go to her return again,
Nor do they reach the paths of life.
– Proverbs 2:16-19

On August 13, 2019, author and family law reform activist Beverly Willett achieved the noteworthy milestone of having an accurate, objective article  about the legal and societal debacle of unilateral (so-called “No Fault”) forced divorce ,”What Has Fifty Years of No-Fault Divorce Gotten Us? “,  published in a Washington D.C. secular media weekly, despite the graphic, unflattering details she offered up.  Kudos deserved, kudos gratefully extended to Beverly for her hard work on this piece.     The Washington Examiner’s publisher had announced in 2013 that it would seek to distribute the weekly publication to at least “45,000 government, public affairs, advocacy, academia and political professionals.”  The publisher also asserted that the Examiners readership is “more likely to sign a petition, contact a politician, attend a political rally, or participate in a government advocacy group than those of Roll Call, Politico, or The Hill.”
You can bet “standerinfamilycourt” applauded as Beverly did some extensive, long-overdue cultural myth-busting in that great piece.

[ SIFC Trigger warning, for anyone thinking of clicking on that August article, who already suffers MGTOW-ish sentiments and high blood pressure:   there’s a gratuitous embedded song and interview by Pistol Annies (I guess to appease the feministas) that “standerinfamilycourt” found hard to suppress from auto-playing:
“a feel-good divorce song that was ‘needed’ — Ah broke his heart and Ah took his money” (isn’t that special?)   This has zero relevance to Beverly’s piece other than to illustrate her points,  and is best experienced with zero sound , while scrolling resolutely down.]

Among the frank and excellent points that Beverly made  in the actual article:

(1) the 14th Amendment due process violations involved, including “the plaintiff’s obligation to assert grounds, the defendant’s right to be heard, including the right to cross-examine and call witnesses, and offer evidence, and the right to impartial decision-making.”

(2) Oversold reduction in animosity or acrimony, which was postponed in cases with children until after the decree, but turned out to be a predictably-hollow “merit”, since the theft of property and parental rights were still involved anytime a divorce is forced (as it is some 80% of the time), and revisits would go on and on until the kids aged out.

(3) The skyrocketing divorce rate, followed by the later avoidance of marriage by those who were stung in childhood and learned firsthand how harsh and one-sided our unconstitutional  “family laws” are.

(4) Increases in poverty, suicide, depression.

(5) The national normalization of adultery.

 As much as all this is for a writer to get a typical reader’s arms around, we all know that Beverly’s piece just scratches the surface, and writing about much more of it would have caused her readers’ eyes to glaze over.     Unfortunately, what was expedient to leave out for the general audience who has been fed 50 years worth of myths has even further future implications for the very survival of our constitutional republic.    Hence, SIFC picks up where Beverly left off, to point out what else it’s important to recognize easy, sleazy divorce has cost the nation.

So what else has 50 years of “no-fault” divorce gotten us?

*  Metastasizing erosion in due process, now impacting many other segments of society than just discarded spouses

This shouldn’t be surprising.   We’ve observed very frequently and very accurately that the breakdown of the family was planned and orchestrated decades before the laws could be passed that enabled the fragmentation we have today, and that the nation’s “family courts” have served as a testing ground for how much degradation in constitutional protections citizens would be willing to trade for increasing levels of sexual autonomy.    The family has always been the natural buffer limiting the need and the feasibility for state control of people’s lives.    This limit has always been unacceptable to some of our power holders.

We saw with the Kavanaugh Supreme Court confirmation hearings how little regard some of our sitting Senators have for due process staples like “innocent until proven guilty”, if due process stands in the way of ideological “sacred cows” such as abortion-on-demand (which always takes a human life without due process), or protecting women from (even self-perceived) “attacks”.     Patriots were relieved when Mr. Kavanaugh was confirmed despite the orchestrated and fabricated smears, none of which were proven with any actual evidence.    But the takeaway from that episode remains that plenty of elite power-holders don’t share the values of our nation’s founders, hence anyone who shrugged and rested easy just because that particular skirmish was won last year, wasn’t paying attention.      And sure enough,  the Wall Street Journal recently reported that the ABA is lobbying to relax due process in cases where sexual assault has been alleged, by requiring that the accused prove his innocence rather than the accuser prove his guilt.     After all, nobody has missed the absence of full due process in “family court”, and the ends justify the means, right?     Any resulting change in the laws for prosecuting sexual assault will obviously be unconstitutional,  but guess whose members are in charge of ruling on any appeals that the falsely-accused might pursue?     Once again, this reflects 50 years’ experience gained from unconstitutional divorce law challenges being summarily dismissed without fear of SCOTUS intervening, at least in heterosexual cases.

* Rogue political involvement by professional associations

Licensed professional associations once had a noble tradition of ethical codes and standards of practice that were developed and enforced in the public interest.   Unfortunately,  feminists and other sexual activists started infiltrating those organizations in the post-war period, and started coming to power in the 1970’s, which is how an American Bar Association-sponsored “Uniform Marriage and Dissolutions Act” model legislation (UMDA) that was so contrary to the Constitution and so contrary to sound public policy gained enactment so quickly in so many states, as the ABA also saw to it that “family law” attorneys ran for election to state legislatures and got appointed to the relevant committees, despite the obvious conflict-of-interest.

At about the same time, homosexual activists were infiltrating the American Psychological Association, with the strategic goal of getting homosexuality declassified as an emotional disorder, which occurred in 1973.     These events are connected by the fact that both professional groups shared a common goal of breaking down the nuclear family as a powerful institution.    Both of these professional bodies have grown wealthy and powerful enough to destructively marshal the media and make bribes masked as “donations” to block the reforms that would restore our society and constitutional republic.   Such reforms, of course, would topple their financial and ideological empire.

Anyone who doubts that unilateral “no-fault” divorce was but one element of a centrally-orchestrated plan for Marxist social change that already existed in 1969, or that much of it would necessarily be accomplished over a few decades, initiated by subterfuge, should do some deep reading here (see especially, pages 6-8).   Just as the collective of mental health professionals knew, or should have known in the early 1970’s that there was no scientific basis for reclassifying homosexuality as naturally-occurring,  so the collective of practicing attorneys knowingly advanced a grossly unconstitutional model law.

*  Substitution of “family courts” for the guaranteed due process of criminal courts when domestic violence is alleged

Although many states did not enact UMDA verbatim, but instead chose to keep a mix of fault-based grounds, along with the no-fault grounds, some states did get rid of all of their fault-based grounds to leave “irreconcilable differences” (or its equivalent) as the only available grounds.    False allegations in divorce cases was a complained-of issue, and the idea was to cut out the need for an evildoer to lie to the court in order retain assets and at least partial access to the children.    The consequences for the innocent spouse and children were trivialized and dismissed, often heinously virtue-signaling that there was “no such thing as an innocent spouse”.     During this time, many state laws criminalizing adultery were also dismantled or reduced to a slap on the wrist.

Unfortunately,  the new regime encouraged even worse and more damaging forms of perjury in the form of fraudulent protection orders to gain assets and child custody.     Some rogue attorneys encourage this even when there is no provable abuse, precisely because constitutional due process is uniquely circumvented in “family court” and nothing will have to be proven in exchange for the financial and parental “club” that can now be unwielded over the “Respondent”.   They also know that even having a jailed actual physical abuser can make it tough for attorney fees to be either earned or paid, so they wheedle their clients to route through no-fault “family court” to keep family dirty laundry “private” for the sake of the (typically confused and bewildered) kids.     Obliging the attorneys does not present a conscience issue for non-Christians or for most adherents to the Westminster Confession of Faith (which unbiblically endorses divorce and remarriage for adultery and “abandonment”), so it’s easily sold even to some people of faith.   But what does the bible actually say about personally bringing one’s spouse before a pagan civil judge?     What does the bible actually say dissolves a marriage, and leaves somebody free to “remarry”?   Who does the bible say should “bear the sword” against actual wrongdoing?

* Strengthened hand for Marxists and others who have always objected to the Bill of Rights

Anyone with a serviceable knowledge of U.S. history knows that Marxists have always existed as a minority group in our country.
In the past they were kept on the fringe due to most Americans’ abhorrence of the havoc Marxist leaders wreaked in other countries, persecuting and impoverishing their own citizens, until most of those systems collapsed.    Today’s youngest voters either were not taught that chapter of history or have no one surviving in their lives to educate them.    Indeed, the violent, black-hooded thugs who call themselves “AntiFA” do so because they object to the First Amendment.     Most of us know from a 1926 article in Atlantic Magazine that unilateral “no-fault” divorce enactment quickly followed the Bolsheviks into power in Russia early in the 20th century, and caused so much societal chaos that Stalin later had to scale it back a bit.  In 1959, Soviet Leader Nikita Khrushchev reportedly said in a speech:

“We cannot expect Americans to jump from capitalism to Communism, but we can assist their elected leaders in giving Americans small doses of socialism until they suddenly awake to find they have Communism.”

Unilateral “no-fault” divorce transfers some measure of family assets to the state and a disproportionate share to the offending spouse and the attorneys.    It transfers God-given authority over the upbringing of children directly over to the state.   It requires a measure of totalitarianism to sustain itself, and hence it persecutes anyone who believes and who states on the witness stand that only God alone has authority to “dissolve” a marriage, and He does so exclusively by physical death.   It suspends virtually every Bill of Rights protection imaginable for the “Respondent”:  right to jury trial, right to seek redress of government grievances, rights against unwarranted search and seizure of financial records, rights against compelled speech (in some states), right to free religious exercise and association, just to name a few that Beverly Willett didn’t already mention.   Again, some younger voting adults are shocked to hear that it wasn’t always this way with our divorce laws or that we didn’t always have the resulting societal fallout such as active shooters a couple of times a month, since it’s all they’ve ever witnessed.

* Continued, escalating erosion in parents’ rights

“Family Court” also pioneered the pushing aside of parental rights without due process nor equal protection under the law, and where typically the only “offense” committed was wanting to keep the marriage together, which then gave rise to the Father’s Rights / Parents Rights Movement, endless allegations of parental alienation countering the often-false allegations of “abuse”, and finally, MGTOW.    Solomon was wise enough to know even he could not split the baby in half (though he suggested it to make a point and to ferret out the truth)….neither can an administrative function posing as a judicial function pretend to do so.   Today the child becomes the tug-o-war rope in a system where his or her “best interest”  boils down to judicial lip service, and where the chief aim is to shred the home at all costs as rapidly as possible, in the interest of unfettered sexual autonomy (and a years-long future fee revenue stream arising from the severance).

In due time however, such a toxic system, which more typically exposed children to the often-immoral post-divorce home of the Petitioner (since objective fault could no longer be taken into account in most states in deciding child custody and visitation), and where perjured accusations often took over via restraining orders, or created two immoral homes in “amicable” situations, the damage could not possibly stop with the legalized no-cause destruction of once-married homes.    Enter children born or dragged into cohabiting homes, where the legal profession had no issues with setting up the same rules for the even-more-inevitable severance game.    Enter the single household “with benefits” – and children in-tow.   Enter the homosexual home  and the polyamorous home.    Enter a generation of young people with gender dysphoria whom government leaders now declared “were born that way”, and whose identity derangement must be humored with surgery, opposite sex bathroom privileges, and court-compelled parental sponsorship of the dysphoria, lest the child revert to the state as a ward of the foster system from which the purloined children may now be trafficked for filthy Federal lucre.

As recently as 2017, even intact married families found themselves fighting in court for custody of their own biological children if they were not willing to consent and pay for gender transition procedures, this recalcitrance being judicially deemed to be “child abuse” and a risk of suicide, while the much higher risk of suicide in post-transition individuals was ignored.    As it now stands, several Leftist state legislatures have passed laws mandating that LGBT “history” and pornographic “sex education” be taught in all grades of public school, many of them also mandating no prior notice to parents and no parental right to opt their children out.    In the earliest case, more than a decade ago, one kindergarten father in Massachusetts was literally jailed for asserting his parental rights over his biological son’s education.    In many other situations, children are routinely confiscated and placed in the foster system on allegations of “medical neglect”.      There is a bottom-line for why all of this is happening to parental rights:  we eventually were no longer raising enough solid citizens over the past few decades to execute positions of responsibility with sound conscience and appropriate sense of the true and sustainable public interest.

But what happened to the landmark SCOTUS rulings that once hedged-off parental rights as fundamental rights?    Part of it was arguably the changing landscape for households where children were now raised, as discussed above, making parental rights across the board far more difficult to guarantee on a practical basis.    The other part of it was a fruit of unilateral “no-fault” enactment being so fiercely and corruptly protected in rogue state courts whenever constitutionally challenged, in part, due to what now follows….

It’s become impossible to move off this parental rights topic without briefly mentioning the culmination of all of this evil, the little-known State-Federal piracy partnership in “family-court”-trafficked children, which began with perverse Federal legislation in the late 1970’s.   In its simplest terms, states (many of whom incur annual taxpayer-borne transferred social costs north of 10-figures resulting from their unilateral “no-fault” laws) have been offered and paid per-head Federal subsidies for every child they place in foster care, without regard to how their inventory of children for that nefarious purpose was sourced, in a program called Title IV-D of the Social Security Act.   SIFC again refers readers to the detailed sources of this information, while here noting the takeaway that significant, perverse financial incentives arising after many of these landmark SCOTUS rulings which once guaranteed and reaffirmed parental rights,  today actually reward individual states for usurping the fundamental parental rights of the vulnerable, and these are enabled by widespread corruption in the periodically-elected state level judiciary function.


* The birth of new “fundamental rights” that bypassed the Constitutional amendment process, to be handed down from the bench in order to neutralize and supersede original Bill of Rights protections.

Believe it or not, our founders “overlooked” providing us with a “right to privacy” in the Bill of Rights.   Instead, their design called for freedom of association in the First Amendment, and protection against unwarranted, unlawful search and seizure in the Fourth Amendment.   At the same time, many of the ratifiers of the Bill of Rights explicitly warned that this Judeo-Christian blueprint for a constitutional republic could only sustainably govern a “moral and religious people”.   This was sufficient for a couple of centuries in protecting other founding fundamental rights such as free religious exercise, property rights, the right to life and liberty.   Unfortunately, most of these interfered with the “right” to take an unborn life, or to take property in furtherance of the Sexual Revolution.    There was not a fundamental right to be found that was robust enough to protect and foster unfettered sexual autonomy, and in the 1970’s most citizens would have been too classically-educated and too close to the shedding of the blood that had upheld international challenges to our founding fundamental rights, to ever consent to changing those rights at the ballot box.    No, getting past this solid barrier was going to require a bit of “judicial” relaxing of separation-of-powers  as had just worked so masterfully as the “legislative” relaxing of separation-of-powers which had recently ushered in “no-fault” divorce.     Of course, the “right to privacy” was instrumental in declaring a fundamental right to feticide in 1973, and to sodomous relationships in 2003 (hence, also to adulterous relationships), but in another 1973 case involving a pornographic movie house, the high court said this…”Our prior decisions recognizing a right to privacy guaranteed by the 14th Amendment included only personal rights that can be deemed fundamental or implicit in the concept of ordered liberty . . . This privacy right encompasses and protects the personal intimacies of the home, the family, marriage, motherhood, procreation, and child rearing . . . cf . . . Pierce v. Society of Sisters; Meyer v. Nebraska.”

SIFC would argue that parental rights were already well-covered under the concept of ordered liberty without creating a named  fundamental “right” to disordered liberty, or libertinism.     It can reasonably be argued that when a deemed new “fundamental” right materially interferes with the basic fundamental rights named by our founding documents, the courts have gone too far in interpreting the 14th Amendment.    In other words, when special rights or super-rights are created for a certain group of behavior choices that override the most basic fundamental rights of other people, there is by definition no longer equal protection under the law.

* Dulled will and ability to discern between symptoms and the disease actually causing them.

A very important discipline in business is root cause analysis, because managers have a vested interest in accurately stating problems, then applying disciplined techniques to systematically “peel back the onion” to arrive at the correct root cause before investing in and implementing a solution.    If this is not done objectively, only the symptoms will be treated, and not only will the problem recur, but serious resources will be wasted.   Sometimes in business there is non-cooperation or even active interference with this process by individuals who have a vested interest in not having the true root cause identified and effectively addressed.   Stepping back, many of the societal evils we routinely have today, we rarely experienced prior to the 1970’s.   Something that changed in the early ’70’s has caused most of the serious woes for our nation.

Activists in the marriage permanence community are often frustrated by endless traditional “pro-family” activist hand-wringing over symptoms in a decaying society who has kicked the nuclear family slats out from under itself,  symptoms such as the rising cohabitation rate, the school and church shootings, child-trafficking,  clergy sex abuse cases, the abortion rate, the opioid crisis, the push to legalize marijuana, the bathroom privacy issues, Chick-Fil-A getting kicked out of the local airport, judges being persecuted for declining to officiate gay weddings, and on and on.  On the one hand, these are all emotional issues that are powerful short term fundraisers that get staffers and rent paid at the nonprofits who champion conservative cultural issues.  By contrast, appealing for funds to support public activities to end peoples’ absolute “rights” to terminate their marriages at-will and legalize their planned or existing adultery is at best a  longterm proposition which is going to offend some significant donors whose wealth derived to some degree from the current system.    Even if research funds to gather and publish data are socially acceptable (providing that, they point only to divorce in a generic sense), any research funds that might potentially lead to correlating adulterous remarriage as a systemic root cause seems far out-of-bounds for now.    The problem is that evidence is growing by the day that this hamster-wheel cannot keep turning like this forever before the nation literally comes down around our ears, with God allowing it.     Civil war and foreign invasion cannot be fended off forever once our Constitution has been rendered sufficiently inoperable.   From Caliphate-loyal, ethics-immune members of Congress to “sanctuary” cities and states to  huge corporations officially pushing First Amendment-destroying legislation, there are bad actors working fervently toward these things with growing success every passing day.

* “Do Something, Anything” mentality.

John Stonestreet of Breakpoint.org recorded a podcast in the wake of the El Paso, Texas and Dayton, Ohio mass shootings that is very astute.     Desperate times indeed call for desperate measures, but that still does not justify unstudied knee-jerk reactions.    As noted above, these cries are typically for “do something that doesn’t gore MY ox.”    Ban guns, so I personally don’t have to repent from my adulterous remarriage or reconcile with, or make restitution to my rejected covenant family (which just might contain a wounded potential mass shooter).   Ban guns, so the practice of commoditizing and commercializing the acquisition of other people’s children to validate an immoral household, does not have to cease.

John’s podcast points up the growing threats to two additional vital provisions for sustaining our constitutional republic, our decreasing practical ability to uphold the 2nd and 4th amendments represented by the currently-favored knee-jerk reaction to mass shootings:  Red Flag laws.   He points out that doing the wrong thing can make many things substantially worse, even if the intent was good–and that the result may prove intractable or irreversible.   We’ve been denying, suppressing and altering truth in this way for five decades, actually, and it’s become a very bad habit for both citizens and leaders.
The very same can fairly be said of enactment of “no-fault” unilateral divorce laws that began on September 5, 1969.   When will we as a nation learn our lesson?

Second Amendment to the U.S. Constitution
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed..

Fourth Amendment to the U.S. Constitution
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Before becoming more sensitized to the abusiveness of “family laws” for those parents still with minor children in the home, and where the petitioning spouse has a lesser income than the so-called “Respondent”, this blogger stood on the sidelines of the gun debate and didn’t have that much of an opinion when it came to banning certain weapon types, “standerinfamilycourt” confesses.    Why would any non-military citizen ever need a flame-thrower or an AK-47?    When SIFC was only ten years old, an opportunity arose to fire an M-16, back-to-belly with a very stout sergeant bracing the effort.  The “kick” that resulted was absolutely stunning, and resulted in a lifelong conviction that a gun in the house would more likely do harm to self and loved ones than to any intruder.    Prayers go up constantly for a son who trained and qualified for concealed carry, with precious little ones in the house, SIFC having personally lost more than one young companion to household gun accidents where somebody got careless in years gone by.   But I digress.     At that time, the entire Constitution and national border sovereignty were not literally hanging by a timely-elected POTUS (er…thread).

Thanks to “no-fault” laws and the related widespread abuses of restraining orders by the legal community, many more innocent people have been charged with either emotional or physical “domestic violence” than have ever been guilty of either.    Red Flag laws will mean that these people who have already have suffered the stripping of their First and Fourteenth Amendment rights, their Fourth, Sixth and Seventh Amendment rights, along with their contractual rights under Article 1, Section 10– all through NO FAULT of their own–now additionally stand to lose their Second Amendment rights as an after-the-fact result, in yet another situation where nothing has to be proven, only an allegation made.

A word or two about the Fourth Amendment before moving on:   all divorces, whether fault-based or “no-fault” require the exposure of private financial records, in this case without a warrant being required.    How can there be any “probable cause” if the only “crime” alleged is “irreconcilable differences”?    There can be no warrant without actual charges being leveled against person, as opposed to a relationship, can there?    “Family Court” uses those disclosures not only to keep the Petitioner as financially whole as possible after filing for the unilateral shredding of their own family, but also for purposes of determining how much of the family assets can support legal fees both pre- and post- decree.    Perhaps most egregiously, forced financial disclosure is used to help determine which spouse to grant primary custody to in a way that leaves the spouse with the most assets on the “outs” –  to further enhance future legal fees.   Our Constitution says this stuff is none of the court’s business unless probable cause of a crime exists.

SIFC wishes the Fourth Amendment violations associated with unilateral “no-fault” divorce stopped with forced financial disclosure.    Unfortunately, the violations can extend even to deeply humiliating bodily invasion, if any sort of sexual abuse is alleged in some “family courts”, even under so-called “no-fault” grounds.
Dr. Stephen Baskerville described this in his April 29, 2019 address to the Ruth Institute’s  annual Summit for Survivors of the Sexual Revolution.     Activist Jeff Morgan also recently interviewed a Texas man who was subjected to the same.    Delicacy and brevity would have us move on, but the curious should give these a listen, but keep in mind that “no-fault” laws enable such things to be triggered without any evidence of probable cause.

* Corrupted churches and apostate denominational doctrine.

Churches had a clear choice to make after September 5, 1969.   Option 1 was to get involved and educated, much as they did with so-called gay “marriage” and abortion, and do whatever was necessary to fulfill their citizenship obligation to resist the clear constitutional incursion and frontal attack on the families in each congregation; to stand publicly against unilateral, forced divorce in the Lord’s power.   Option 2 was to haul out the existing doctrine on the sanctity of marriage, do the economic math around attendance and giving, then grab a red pen and decide whether existing doctrine could withstand, without alteration, the impact on both attendance and giving that opening the divorce floodgates would soon precipitate.     Unconscionably, most churches and denominations chose Option 2.

Church history tells that the very need for Option 1 had its genesis in the acts of the 16th century “Reformers” including Martin Luther and John Calvin in ignoring God’s word (Matthew 19:6,8) to hand jurisdiction over marriage to the civil state in the first place.    The seeds for apostate marriage doctrine were sown both in the various writings of these reformers, and then ratified in the heretical Chapter 24 of the Westminster Confession, which denied the absolute lifelong indissolubility that Christ repeatedly taught, and fabricated in substitution a humanistic doctrine that allowed man’s divorce for adultery and liberally-defined abandonment, as well as (ironically)..apostasy.     A little more than 200 years after that, the obvious disconnect between actual scripture and the WCOF, along with the growing mass-literacy rate and availability of bibles prompted the Anglican church to sponsor a phased program of subtle text revisions, verse and phrase suppressions, and word mistranslations under the guise of “modernizing” and readability.   By the time the mid-20th century rolled around, a divorce attorney specialist could get by with calling himself or herself a “Christian” while passing a lie detector test and having most of the public believe him or her.    Approximately 50 years after this, the online technology emerged to actually detect and document what had happened to our bibles, but this was unfortunately not soon enough to head off the official marriage-related doctrine changes that occurred in the 1970’s in many denominations, and the waves of false teaching and apostate practice the churches had adopted in the meantime.

In a way that most sophisticated marketing organizations would roundly applaud, Christian media and virtually every denomination accommodated everything it did from that point forward to the “inevitability” of unilateral, forced divorce, as state after state enacted the UMDA “model law”.    Mainline churches already were willing to perform weddings over divorced people whose spouses were still living, largely due to the heresies in the WCOF, but conservative denominations voted to allow this for the first time in the 1970’s.     Even most mainline denominations did not allow divorced-and-remarried clergy until the 1970’s, but they also made this horrible change contrary to the direct counsel of scripture.    Both changes almost guaranteed that churches would never rise up to oppose unilateral, forced divorce laws (or even so much as describe them accurately in sermons and writings) even when the deleterious effects of their error started to emerge in the late 1990’s.   “standerinfamilycourt” would like to humbly suggest that had the churches chosen Option 1, God’s hand of protection would still be on this nation, and most of those deleterious effects would never have emerged.    Had the church chosen Option 1,  and exercised the many resistance actions that lay within her exclusive power,  “no-fault” divorce would have been sent to the dustbin of history decades ago.    Instead, many churches have recently gone on to either “consecrate” or otherwise sanction sodomous unions, including one prominent denominational leader who wrote a particularly cheeky piece just four years ago insisting this would never happen.

Choosing the cowardly acquiescence of Option 2 made biblical church discipline virtually impossible to administer thereafter.    As a new believer and newly-wed in the late 1970’s in Tulsa, Oklahoma, SIFC vividly recalls the sensational lawsuit of a “scarlet woman” against her Collinsville, Oklahoma church for attempting to apply biblical church discipline.  This woman was divorced, and it was discovered that she was shortly thereafter cohabiting with a boyfriend.    The pastor went to her privately and asked her to either separate or “marry” this man.    She declined, so the pastor asked her to leave the church.   She again declined, so that pastor publicly put her out of the church, all according to the instructions Jesus gave in Matthew, chapter 18, and Paul reiterated in 1 Corinthians 5.    The scarlet-lettered woman wound up winning a big settlement against the church for alleged public defamation, loss of reputation, pain and suffering.    Pastors and denominations all over the country took note, and started looking the other way at all sexual sin that the member didn’t readily repent of in the first private confrontation.   Obviously, a behind-the-pulpit papered-over adulterer lacks the moral authority to even open his mouth about most publicly-accepted heterosexual infractions in the first place, while they reproduce “sheep” (goats, really) after their own kind.   SIFC knows many faithful, standing pastors whose wife was literally poached from him by another pastor, and many faithful, legally estranged pastors’ wives whose husbands have run off and “married” another woman.

Churches stopped teaching that any remarriage at all was continuously adulterous, and that this adultery, even though legalized, sent people to hell who died in that state.    They started treating people as if they believed that only sodomous sexual sin, though legal, sent the unrepentant to hell.    This is a very important point because to this very day, most clergy and denominational leaders have an insufficient grasp of how serious a religious freedom violation forced-divorce constitutes to an authentic Christ-follower.

*  Corrupted public education systems that supplant the parents’ role.

The state of Massachusetts was an early adopter of sodomy-as-marriage several years before the Obergefell decision of 2015, and they were quick to mandate indoctrinating “education” in the public schools to reinforce its acceptance in the next generation, beginning in kindergarten.    Books with this objective were written to desensitize children to homosexual practices and they soon stocked public library shelves, if not also school library shelves in many states.    Back in the good old days, parents were deemed worthy of detailed advance notice when “sex ed” of any type was scheduled involving their child, and the court-protected right to opt the child out was honored.     These parental rights have disintegrated in the U.S., Canada, Europe and elsewhere since the legalization of sodomy-as-“marriage”.    Parents have been jailed in the U.S., as well as in other countries, for attempting to shield their children from homosexual indoctrination.   In some countries outside the U.S. private schools have been required to carry mandatory pornographic and LGBT-approved history courses, while homeschooling has been outlawed and home-schooled children removed from their Christian homes.   At least two European home-schooling families sought political asylum in the U.S. who were under threat of losing their children to the state in their home countries (initially denied by the leftist Obama Administration, but one case later granted by a judge).

Some might question the merits of connecting this development to the enactment of unilateral “no-fault” divorce laws, as opposed to the Obergefell decision legalizing gay “marriage”.    SIFC has sought to demonstrate earlier in this post that universally cancelling the enforceability of the marriage contract and the rise of the LGBT political agenda were actually co-orchestrated back in the late 1960’s by the same group of Leftist elites, who viewed durable marriages and strong families as “oppressive” and a barrier to their aspirations for power.    Even gay “marriage” has been admitted by several LGBT activist leaders as never having been an end in itself, but was always aimed at rendering marriage itself an outdated historical relic.  Had unilateral “no-fault” divorce not been implemented, homosexuals would have no interest whatsoever in a marriage they could not easily get out of.

Even with the central orchestration of normalized adultery via divorce and remarriage, and normalized sodomy in all of its manifestations, part of the loss of parental control over the public education system is due to another feature of legalized family fragmentation as public policy:   we have gradually reached a point where society is  no longer raising citizens capable of wresting back control.     There would be no “Drag Queen Story Hour” at public libraries if a significant number of today’s young parents weren’t perfectly willing to directly expose their own tender children to homosexuals.

Conclusion
Patriots have been arguing for all 50 years since enactment began, that unilateral, forced-divorce laws are unconstitutional on many levels, and may well be the most unconstitutional laws ever passed.   Fifty years on,  it’s now becoming increasingly clear to the observant that these laws, if not repealed and reformed, are likely to bring down the entire Constitution for everyone else in the country — as planned and calculated some time before state-by-state enactment.   Beverly Willett pointed out in the Washington Examiner that,
“The Supreme Court has never recognized a fundamental right to divorce, but for 50 years state divorce laws have nonetheless legislated such a de facto right. “

Conversely (or perhaps perversely),  Texas Family Law Association chief lobbyist Steve Bresnan argued before a House legislative committee this past spring in opposition to HB922, a bill to make “no-fault” divorce available by mutual consent only:  “no state court has ever found no-fault divorce to be unconstitutional”  (even though the bill’s sponsor is a practicing constitutional attorney who lined up an entire parade of constitutional attorneys to testify about the multi-level unconstitutionality of unilateral “no-fault” divorce in the prior legislative session.)    They’re both right, and they’re both right for nearly the same unfortunate reason, as pertains to the state and Federal benches.    Homosexuals are not about to bring a challenge to these laws, and for some odd reason, they’ve proven to be the only appellants who are consistently able to get their marital rights cases heard in either venue.

Righteousness exalts a nation, But sin is a disgrace to any people.
–  Proverbs 14:34

The Other Side of the “No-Fault” Appeals Coin: Activist Family Court Judge in Mississippi (2017) Shot Down

 

by Standerinfamilycourt

You shall do no injustice in judgment; you shall not be partial to the poor nor defer to the great, but you are to judge your neighbor fairly.
– Leviticus 19:15

Earlier this year,  “standerinfamilycourt” shared a detailed analysis which showed that the State of Mississippi was the only state in the nation that substantially respected the 1st and14th Amendment fundamental rights of Respondents ( religious free exercise and conscience, parental and property rights, equal protection and substantive due process rights )  as well as the separation of powers between the legislative and judicial branches of state government.

Little did we know at that time that a case had been filed in 2017 with amici by domestic violence activists asking the state Supreme Court to affirm a family court ruling that Mississippi’s mutual consent-restricted statutory “no-fault” grounds for divorce (Code Section 93-5-1) was “unconstitutional”.      Though the outcome of this case (which, according to news reports, and the resulting opinion, was not a case alleging any sort of abuse).    The record shows that the wife who backed out of a mutual consent petition before it was finalized was serially adulterous, including in prior marriages.   This case, triggered by, Judge Jennifer Schloegel, an activist “family court” judge from Harrison County, and appealed by the innocent, rejected husband,  was ultimately unsuccessful in its claim of “unconstitutionality”.

Per the Clarion (October, 2017):

“The Harrison County case does not include allegations of domestic violence, but anti-domestic violence advocates and others have said Mississippi’s antiquated divorce laws make it difficult for an abused spouse to escape a marriage and help prolong dangerous family situations.”  (Translation:  this is as good a vehicle as we’re going to get for our ideological straw-man, so we’d better run with it.)

Under the Mississippi court system, such appeals go directly to the state Supreme Court.

Little did we know as well, that by the time our February, 2019 piece was posted, the Mississippi state legislature was heading for adjournment in March of their annual legislative session, while the only divorce “reform” bill that had been on the agenda was defeated in committee in early February.   Rather than seek repeal of the mutual consent provision of the statutory “no-fault” grounds, SB 2529 sought to add non-cohabitation grounds that even the abandoner could trigger after a period of time.    This Senate defeat constitutes two pieces of good news in one development.      The legislative measure would hardly have been a “reform”, and would have added a decidedly unconstitutional provision to the statute, one that had no available due process defense, beyond perhaps a token right to produce evidence that the charge of non-cohabitation was false in some regard.

Certainly, as borne out in this very case, there would be many more innocent Respondents upon whom this non-cohabitation was imposed against their will than abusive Respondents from whom a battered spouse was fleeing.    It would have been a decidedly anti-family measure, and redundant of the existing provisions for a battered spouse to bring objective evidence of abuse under fault-based grounds, or pursue a criminal remedy that didn’t seek to “dissolve” the marriage.  No abandoner of a marriage should ever be preemptively and automatically rewarded for the abandoning act.   Fault-based abandonment remedies, where they exist, should be exclusively available to the abandoned party.   We are grateful that the 2019 legislature did the right thing by the state’s families, after the high court also did.

Several studies of the causes of divorce have discredited the “abuse” and domestic violence lore, consistently showing that adultery or the desire to adulterously remarry is by far the most common driver, and placing abusive marriages far down the list.    Yet the unjust expectation of the media and Leftist activists is that this one assumed cause should control family law policy as if it were dominant.  Some ascribe “emotional abuse” to all the other traditional “legitimate” grounds, in order to justify this.


(Please click to enlarge)

This case also showcases the biased obnoxiousness of the liberal press around this “issue”, as media outlets from Thailand to Seattle, Detroit, Memphis (and back), including the Associated Press,  all parroted verbatim the original  Clarion article, which crowed its approval of the rogue, overreaching family court ruling , but went dead silent about both the Supreme Court outcome and abortive result of the ensuing legislative effort they had so confidently hyped.  Why?   It doesn’t exactly fit the “abuse” narrative when it turns out the truly “abused” person is actually the cuckolded Respondent, does it?

But just how obnoxious was the media over this case when it broke?  Here’s a 2017 sample:

“Lawmakers are expected again to debate divorce law reform and other measures to reduce domestic violence and related issues.

“Last year after much debate, lawmakers passed a measure that allows judges to grant a divorce for “spousal domestic abuse” based on testimony of the victim spouse.

“But Mississippi and South Dakota remain the only two states without a unilateral no-fault divorce ground. An investigative report by The Clarion-Ledger last year showed how Mississippi divorce laws, little changed over 100 years, trap spouses and children in abusive situations and financial limbo. One spouse who does not want a divorce or wants it only on his or her terms can hold up finalizing one for years — in some cases a decade or more.

“State Sen. Sally Doty, R-Brookhaven, the Mississippi Coalition Against Domestic Violence and others are vowing to continue to push this year for divorce law and other reforms to combat domestic violence.”

SIFC:  Anybody care to hazard a guess who the unnamed “others” are who vowed to fight on for divorce law “reform” in this news story?)

This case would have been even more satisfying to read if it had been the case of a God-fearing husband and father forgiving his “wife” (she had been previously divorced and this was an adulterous remarriage in itself, by biblical standards).    But true to the way of the culture, it was a case of retaliatory adultery also within the marriage, with no clear evidence of who started it or who retaliated. The Gertzes were in the process of finalizing a mutual petition under the existing (supposedly “unconstitutional”) law when she decided to withdraw her consent to the terms of the previously-agreed property settlement and child custody arrangements, leading both to charge each other with adultery.   The media clucked about how the case had “unconscionably dragged on” as if the husband had been responsible for that.

The actual facts per the high court:

“In January of 2015, Michael informed Joesie that reconciliation was impossible and that he wanted her to sign and finalize the divorce papers.  Joesie, upon the advice of her attorney, surreptitiousy told Michael that she also was ready to complete the irreconcilable differences divorce.  Based on the advice of her counsel, Joesie waited until her summer [2015] visitation had begun pursuant to the [2013 property settlement agreement] until her son was physically in Mississippi before withdrawing her consent to an irreconcilable differences divorce…”

It gets crazier from there, with the account of Judge Schloegel’s arbitrary actions, with which neither the husband nor the wife agreed:

“After a temporary hearing on July 13, 2015, the chancellor granted physical custody to Joesie. The trial began in December 2015 and concluded May 2016. Six months later, in November 2016, the chancellor entered a final judgment and decreed that a divorce should be granted, but that neither party was entitled to a fault-based divorce. She found that Joesie had failed to establish adultery. She found that Michael had proved adultery because Joesie had admitted it, but that Michael had condoned Joesie’s adulterous conduct. Then the chancellor sua sponte declared the statutory scheme under Mississippi Code Section 93-5-2 (Rev. 2013) unconstitutional and granted an irreconcilable-differences divorce. Joesie was granted custody of their child…. After the chancellor’s November 15, 2016, final judgment was entered,
Michael and Joesie, along with the State of Mississippi,

(  SIFC:  Well, yeah, the state AG is supposed to be given advance notice – 30 days in most states – when a constitutional challenge is being brought against an enacted statute – why would a family court judge not also be held to this same standard which common citizens and their attorneys are required to observe?)

…asked the chancellor to reconsider her judgment, because no party had asked for, pleaded, argued, or offered proof on the unconstitutionality of the statute….The State appealed the chancellor’s sua sponte adjudication of Section 93-5-2 as unconstitutional. Michael also appealed, arguing that the trial court erred by (1) declaring Section 93-5-2 unconstitutional, (2) failing to award Michael a divorce on the ground of
adultery, (3) reducing Michael’s summer visitation, (4) awarding Joesie a portion of Michael’s retirement benefits, and (5) awarding custody to Joesie. We affirm the chancellor’s finding regarding custody and child support, but we reverse the remaining judgment and remand the case for proceedings consistent with this opinion.”

It would have been nice to wave this ruling under the nose of the Texas Family Law Foundation’s chief lobbying Stephen Bresnan when he got away with making the opportunistic claim before the Texas Juvenile Justice and Family Issues Committee last week, that “no court in any U.S. state had ever declared [unilateral] ‘no-fault’ divorce unconstitutional” (even though most honest constitutional attorneys say that it certainly is on numerous counts – the real issue is fair access to the appeals courts and applying the correct standard of review due to political fallout for elected judges.)   It would have been nice to follow up with a witness who said, “maybe not, in 2018, the Mississippi Supreme Court ruled that state’s mutual consent-only ‘no-fault’ grounds, which has stood since 1972, to be constitutional.   They can’t both be constitutional.”

But, alas, this was only a technical ruling, and can’t really be considered a ruling on merits due to the lack of substantive arguments or evidence either way.    The ruling was only that the Mississippi statute was not proven to be unconstitutional, by the trial judge or anyone else who was party to the case.

So what was the Judge Schloegel’s basis for determining on her own that mutual consent-restricted “no-fault” grounds was unconstitutional?    Only her own subjective opinion, apparently:
“the chancellor sua sponte declared that “the present Mississippi statutory fault-based divorce scheme . . . unconstitutionally restricts and, in some cases, denies [a host of] fundamental rights and freedoms. . . . although “the parties did not execute a formal consent for the
Court to adjudicate contested matters on this basis . . . , [t]he parties are constitutionally entitled to a divorce without the mutual consent of the other.”    

Au contraire, said the Mississippi Supreme Court.

This appeal was also important due to the high court remanding the case back and requiring the trial judge to consider marital fault (attributed by the high court to the wife who failed to prove her husband committed either adultery or cruelty and inhuman treatment), also failed to prove–in light of her repeated lying and deception about her own adultery, that  her husband had condoned her illicit relationship while he attempted reconciliation, and had admitted her own adultery, she was not entitled to all of the alimony the trial judge attempted to award her.   The high court also determined that Judge Schloegel could not arbitrarily set aside the couple’s previous mutual custody agreement in order to reduce the husband’s time with their son for no just cause.

Perhaps it’s not so much that the mutual consent statute is actually “unconstitutional” but more accurately, the feminist judge (chancellor) had a problem ideologically with assigning legal fault to an adulteress, somebody merely exercising their sexual autonomy when she would have been perfectly free to do so with minimal legal and financial consequences in several other surrounding states.   If a surrounding state legalized (or, in fact, incentivized) murder or infanticide, does it really follow that this would automatically make Mississippi’s law penalizing those acts “unconstitutional” because its law…”restricts and, in some cases, denies [a host of] fundamental rights and freedoms” ?   That’s not really too far-fetched a question these days, given recent successful infanticide legislation.

As for the bid by the domestic violence activists to hitch their opportunistic wagon to this case, the high court tossed their amicus brief to the side, saying:  “The amicus called for affirming the chancellor, because the statute deprived domestic-abuse victims of constitutional rights. However, no domestic violence was pleaded or proved in this matter.”     Given the ideological outrageousness of Schloegel’s ruling, who knows but that connections might run a bit deeper with this MCADV organization than meets the eye?   SIFC struggles a bit with the feminist fantasy of a “constitutional right” not to have to prove allegations with evidence just because one is an alleged domestic violence victim, but after both the Brett Kavanaugh and Roy Moore episodes (“believe the woman”) this virulent, unconstitutional ideology had obviously taken hold in a lot of places.

Lastly, it’s not hard to see this case as the flip-side of the debate that has been going on in Texas about emulating Mississippi’s law, which appears to have operated fairly well in this particular case in levelling the playing field between an offending wife and a her offended husband.    It’s refreshing to see a veteran get fair treatment for once, and for the militant feminists to lose for change.

Because the sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil. Though a sinner does evil a hundred times, and his days are prolonged, yet I surely know that it will be well with those who fear God, who fear before Him. But it will not be well with the wicked; nor will he prolong his days, which are as a shadow, because he does not fear before God.
– Ecclesiastes 8:11-13

www.standerinfamilycourt.com

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

 

 

 

Top 10 Ways Mothers Would Be Helped If “No-Fault” Divorce Laws Were Reformed

constitution-burningReaganby Standerinfamilycourt

Honor your father and mother (which is the first commandment with a promise), SO THAT IT MAY BE WELL WITH YOU, and that you may live long on the earth.   – Ephesians 6:2-3

Mother’s Day 2018 has come and gone, and it’s now Mother’s Day 2019.   In sharp contrast with Mother’s Day 1968, here are a few miserable facts:

  • Over 40% of children are born into fatherless homes outside of civil wedlock, and in some races this is as high as 70%
  • Over two-thirds of the unilateral divorce petitions are filed by WOMEN, yet most of these same women never recover financially and may easily retire impoverished
  •  Some 80% of those filed petitions are non-mutual – that is, opposed by an innocent spouse who has not objectively done anything to harm the filing spouse or the marriage
  • Taxpayers, including divorcees, foot a bill for well over $100 billion per year in state and Federal costs arising from the social expense of state-accelerated family breakdown

What would beneficial reform look like?   From a constitutional standpoint, allowing for the restoration of our right of religious conscience and free religious exercise under the 1st Amendment, and allowing for 14th Amendment equal protection with regard to parental and property rights, our suggested reforms are:

(1) All petitions that are not mutual filings would require evidence-based proof of serious, objective harm to the marriage or to the offended spouse.     For example, “emotional abuse” would be professionally defined in the statutes in terms of specific behaviors, with professionally documented admissible evidence legally defined

(2) All divisions of property and child custody / welfare arrangements that are not agreed as part of a mutual petition would be determined based on objective evidence of marital fault being the key consideration, with a view to leaving the non-offending party and the children as whole as possible in comparison with pre-divorce conditions

(Yes, we readily concede that this would be creating substantial economic disincentives to dissolution of the marriage, and we make no apologies.   The present system actively rewards the one seeking the divorce and actively punishes the innocent spouse who dares resist in any way.)

So what are the specific benefits to families and society (hence, to mothers) from these reforms?

Benefit #10 –  They’d be more prone to have marriage as a realistic and durable option in their life.
We hear this from the cohabiting young adults all the time, including households with kids but unmarried parents: “what’s the point of getting married?”   Despite the social do-gooders who cheerlead with shallow slogans like “put a ring on it”, the kids sense the government power-grab that unilateral “no-fault” divorce imposes on their lives and pocketbooks, and many of them have been saying “no thanks” for several years now.    Even if they’re not old enough to remember a time when the marriage contract was binding (absent some provable serious fault), they know the current civil contract isn’t worth the paper it’s written on, especially when they see 50 and 60-year olds who have been successfully married for decades suddenly unable to stay out of the jaws of the “family court” machinery.

Benefit #9 – Their kids and life companions would be less likely to commit suicide.
This is not to say that in the halcyon days when the marriage contract was reasonably binding, there weren’t murders and suicides of wives.   All one has to do is watch the old “Twilight Zone”, “Perry Mason” and “Alfred Hitchcock” episodes from the early-1960’s to know that this was an issue which probably justified some measured reform of divorce laws to allow for mutual consent  “no-fault” grounds — and arms-length property and child settlements.  But, certainly not the travesty we wound up with: unilaterally-asserted “irreconcilable differences” grounds, where the innocent was assumed guilty by the courts upon the allegation of one spouse, and no evidence to the contrary would be tolerated or heard or appealed, and where the guilty party was rewarded while the innocent party was smeared and robbed by the court (and sometimes even jailed).

The apologists for this robbery of fundamental rights from the entire class of innocent spouses claim it’s “justified” because the suicide rate in wives reportedly dropped by 20% following unilateral divorce enactment.   But who’s to say that this improvement would not have comparably happened as a result of mutual-consent “no-fault”?
In the meantime, spousal murders have not abated, while estranged husband and young adult child suicides, and accidental deaths due to drug addictions, have skyrocketed.   Mother’s Day is not such a happy day for some mothers for this horrible reason, even though they extracted their personal sexual and financial autonomy under the civil law.   For other mothers, it’s not such a happy day because their husband decided to trade them in, and as a consequence they find themselves alienated from their children (perhaps even losing one to suicide or worse), even though they were the responsible parent who did nothing wrong.

Benefit #8 –
  Their kids would be less likely to become gender-confused and gender-dysphoric.
Speaking of high suicide and addiction rates, and looking back 50 years, we had this amazing phenomenon of rapidly increasing numbers of LGBTQ(xyz)-ers suddenly being “born this way” — when markedly fewer of them were “born this way” back in the days when it just so happened the civil marriage contract was legally enforceable.   Ditto concerning the amazing inverse correlation between the demand for “marriage” among homosexuals and the legal enforceability of the marriage contract (while we’re at it).

Some moms opt for lesbian relationships themselves after being rejected by a husband, thinking this relationship will be more stable than her marriage was.   Those relationships are actually shown to be more volatile than male homosexual relationships (which tend to be more promiscuous, and to survive longterm only on that basis).    In any event, the bad outcomes greatly compound when mom is setting that kind of example for her children.

Benefit #7 –  Their kids would be less likely to be killed at school or (even worse) become the shooter.
Sadly, we’ve come to have so many school shooting incidents in the past 20 years that they no longer shock us the way they used to.   In 2013, CNN compiled a fairly exhaustive list of all such reported  incidents, and has kept it updated since.   Only three such incidents occurred between 1927 and 1970, according to the list, and only one of those involved a minor as the perpetrator.   However, from 1974 to present, CNN reports  such incidents, most of them involving minors, and since the late 1980’s it’s consistently been 2 or 3 per year, most of them carried out by a “son of divorce”.    In his 2013 article, “Sons of Divorce School Shooters”, W. Bradford Wilcox, Professor of Sociology at the University of Virginia writes,

“From Adam Lanza, who killed 26 children and adults a year ago at Sandy Hook School in Newtown, Conn., to Karl Pierson, who shot a teenage girl and killed himself this past Friday at Arapahoe High in Centennial, Colo., one common and largely unremarked thread tying together most of the school shooters that have struck the nation in the last year is that they came from homes marked by divorce or an absent father. From shootings at MIT (i.e., the Tsarnaev brothers) to the University of Central Florida to the Ronald E. McNair Discovery Learning Academy in Decatur, Ga., nearly every shooting over the last year in Wikipedia’s “list of U.S. school attacks” involved a young man whose parents divorced or never married in the first place.”

This makes for dozens of mothers, on both sides of the gun, for whom each Mother’s Day is unimaginably painful.

Benefit #6 – Reproductive abuses, from profiteering abortionists to abominable surrogacy, would stop victimizing so many of them.
“standerinfamilycourt” was shocked and outraged to see the U.S. listed in an article, Surrogacy by Country, by the organization, Families Through Surrogacy, where this practice is legal (but expensive).   What most countries have in common where both surrogacy and abortion are legal (the latter often government-funded) is that they also have unilateral divorce-on-demand, and by extension, removal of fathers’ rights and responsibilities because he’s often been forcibly severed from his marriage and family.   Where there are strong natural fathers favored by society and the legal structure, there is less room and demand for commercialized reproductive abuses that exploit and traumatize women — and commoditize children.

Hungary, in particular (not on the above surrogacy list), has recently decided to bank on this relationship between easy divorce and negative population implications, implementing conservative national family policies to avoid having to resort to open borders to resolve its demographic issues (to the angst of its feminists).   If conservative family policies work there, they’ll probably work in other western countries and the U.S.   Hungary only has “no-fault” divorce available by mutual consent, according to websites by Hungarian family law attorneys.   Abortion is legal in Hungary, but it’s broadly reported as being very difficult to access, and its constitution states that “life begins at conception”.  Look for God’s blessings to be on Hungary as a nation.

Benefit #5 – The national debt would begin to decline, improving the national security of mothers and their children.
The national debt clock shows that the U.S. is over $22 trillion dollars in debt as of this writing.  In a study released in 2008 by the Institute for American Values (which was 7 years pre-Obergefell and badly need to be updated),  the combined state and Federal annual taxpayer cost of family fragmentation due to unilateral “no-fault” divorce laws was $122 billion per year.   Compounded by the Treasury’s borrowing cost over those years since enactment, unilateral “no-fault” divorce could easily account for at least one-third of the total.   

Benefit #4 – In-home child abuse would decline at the hands of the mothers’ boyfriends so their children could grow up safely again.
Forcibly removing the rights and authority of natural fathers (in some cases, mothers) from the lives of their children has come at a very high moral and safety cost to those children.    W. Bradford Wilcox (cited above) writes in a 2011 article for Public Discourse,

“This latest study confirms what a mounting body of social science has been telling us for some time now. The science tells us that children are not only more likely to thrive but are also more likely to simply survive when they are raised in an intact home headed by their married parents, rather than in a home headed by a cohabiting couple. For instance, a 2005 study of fatal child abuse in Missouri found that children living with their mother’s boyfriends were more than 45 times more likely to be killed than were children living with their married mother and father.

“Cohabitation is also associated with other non-fatal pathologies among children. A 2002 study from the Urban Institute found that 15.7 percent of 6- to 11-year-olds in cohabiting families experienced serious emotional problems (e.g., depression, feelings of inferiority, etc.), compared to just 3.5 percent of children in families headed by married biological or adoptive parents. A 2008 study of more than 12,000 adolescents from across the United States found that teenagers living in a cohabiting household were 116 percent more likely to smoke marijuana, compared to teens living in an intact, married family. And so it goes.”

Benefit #3 – Family and national wealth would markedly improve, leaving fewer of them poor in old age
Wedlock (emphasis on the “lock”) creates wealth and staves off poverty, many studies have shown.    Yet, close to 70% of the unilateral divorce petitions are filed by women, who don’t realize until too late, they are cutting off their nose to spite their face.
If, on the other hand, they had to prove fault, and if they bore the cost of their own fault, they wouldn’t so readily fall prey to the deception of feminist ideologies.  All too often they find themselves in unanticipated poverty after buying into the empty feminist promises and discarding their spouse, after which, they come to think the only way out is to throw another woman into poverty by seducing her husband onto the legalized-adultery-merry-go-round.

In terms of national wealth, this is a hand-of-God matter.   Deuteronomy 28 tells us (vicariously, since this was spoken to His most-favored nation):

“Now it shall be, if you diligently obey the Lord your God, being careful to do all His commandments which I command you today, the Lord your God will set you high above all the nations of the earth.   All these blessings will come upon you and overtake you if you obey the Lord your God:

“Blessed shall you be in the city, and blessed shall you be in the country.

“Blessed shall be the offspring of your body and the produce of your ground and the offspring of your beasts, the increase of your herd and the young of your flock.

“Blessed shall be your basket and your kneading bowl.

“Blessed shall you be when you come in, and blessed shall you be when you go out.

“The Lord shall cause your enemies who rise up against you to be defeated before you; they will come out against you one way and will flee before you seven ways.   The Lord will command the blessing upon you in your barns and in all that you put your hand to, and He will bless you in the land which the Lord your God gives you.   The Lord will establish you as a holy people to Himself, as He swore to you, if you keep the commandments of the Lord your God and walk in His ways.   So all the peoples of the earth will see that you are called by the name of the Lord, and they will be afraid of you.The Lord will make you abound in prosperity, in the offspring of your body and in the offspring of your beast and in the produce of your ground, in the land which the Lord swore to your fathers to give you. The Lord will open for you His good storehouse, the heavens, to give rain to your land in its season and to bless all the work of your hand; and you shall lend to many nations, but you shall not borrow.The Lord will make you the head and not the tail, and you only will be above, and you will not be underneath, if you listen to the commandments of the Lord your God, which I charge you today, to observe them carefully,and do not turn aside from any of the words which I command you today, to the right or to the left, to go after other gods to serve them.”

The Apostle John channels the words of Jesus in Revelation 2 to confirm this Deuteronomy 28 warning as still being true in the last days among the Gentile church:

But I have this against you, that you tolerate the woman Jezebel, who calls herself a prophetess, and she teaches and leads My bond-servants astray so that they commit acts of immorality and eat things sacrificed to idols.   I gave her time to repent, and she does not want to repent of her immorality.  Behold, I will throw her on a bed of sickness, and those who commit adultery with her into great tribulation, unless they repent of her deeds.  And I will kill her children with pestilence, and all the churches will know that I am He who searches the minds and hearts; and I will give to each one of you according to your deeds.

Sexual autonomy is a contemporary “other god” that is served by immoral family laws.    Notice that both blessings and curses passively overtake a nation according to the national choices made by clergy and government.   Reading on in Deuteronomy 28, the opposite curse to each blessing is recited by Moses, except the curses far outnumber the blessings, showing that His protective hand over a nation holds back far more curses, which flood us when He removes it after many prophetic warnings go unheeded.   Most of us would agree that God has allowed most of these poverty-from-disobedience consequences to fall on the U.S. and other western countries in increasing intensity as the Sexual Revolution has become increasingly entrenched in our culture, unopposed by the church.

Jesus was very clear about God’s commandment, which if we truly obeyed as a nation, there would be no humanist legal provision for divorce:

“…What therefore God has joined together, let no [hu]man separateBecause of your hardness of heart Moses permitted you to divorce your wives; but from the beginning it has not been this way.

 

Benefit #2  –  Their pastors would quit lying to mothers (and fathers) about biblical instruction concerning remarriage
It is a documented fact that commercially-published bible text has been “evolving” since at least the late 1800’s, that seminary faculties have been increasingly overrun with sexual liberals since the post-World War II period, and that academic freedoms have been increasingly on the wane in the last 10 years with regard to conservative biblical scholars.  We now have free online bible study tools that enable just about anybody to conclusively demonstrate the liberal violations of Revelation 22:19.  Back in the 1970’s, pastors in several denominations went on record as demanding that the church stop teaching that remarriage is adultery in every case where an estranged spouse is still living (even though that’s quite accurately what both Jesus and Paul taught), demanding the removal of denominational rules that would disfellowship them for performing weddings Jesus would call continuously adulterous.   There were also demands for pastors in such an adulterous “marriage” themselves to no longer be denied ordination credentials, even though that’s the standard that the Apostle Paul himself implemented in the churches he established.

It’s also a well-documented fact (per the minutes of denominational conferences) that the chief cause for this was primarily economic – i.e., the fear of loss of church membership as legalized adultery supplanted holy matrimony going forward.   But it was also emotional and reputational now, as falsified bibles (and pastors themselves commonly living in ongoing legalized sexual sin) emboldened a lot of church women to bully their own pastors if they didn’t take a liberal stance and shrug off God’s word to the contrary.    If it’s true that the cause of doctrinal unfaithfulness was the pursuit of unrighteous mammon, the effect will eventually reverse to the extent the civil laws comport again with biblical morality concerning marriage.   (Luke 16, from beginning to end, needs to be read as an integrated unit, rather than a random cluster of miscellaneous sayings of Jesus.)

Benefit #1 –  Fewer mothers (and their adulterous partners) would die on the broad road that leads to hell
It became culturally uncouth to speak of hell sometime back in the 1960’s, especially in churches, as if eternal moral consequences for persisting in wicked life choices were suddenly declared passe’ from On-High.    The Apostles clearly did not hold this attitude, nor did most of the 1st through 4th century church fathers, even when speaking of the born-again.

Circa 100 A.D., the Bishop of Antioch said this in his Epistle to the Ephesians,

“Do not err, my brethren. Those that corrupt families shall not inherit the kingdom of God. And if those that corrupt mere human families are condemned to death, how much more shall those suffer everlasting punishment who endeavor to corrupt the Church of Christ, for which the Lord Jesus, the only-begotten Son of God, endured the cross, and submitted to death!  Whosoever, ‘being waxen fat,’ and ‘become gross,’ sets at nought His doctrine, shall go into Hell. In like manner, every one that has received from God the power of distinguishing, and yet follows an unskillful shepherd, and receives a false opinion for the truth, shall be punished.”  St. Ignatius 

No, this wicked idea that “remarriage” while an original spouse was still alive could ever be accepted by God as holy matrimony was an unfortunate time-bomb, a product of 16th century Reformation humanism (as was “replacement theology”, against which the Apostle Paul also warned).    Eventually, this heresy removed inhibitions against enacting immoral family and reproductive laws in western nations, and deceived the lawmakers who today uphold these laws into having the audacity to call themselves “Christians”.   This was also the reason why some conservative denominations made the eternally fatal choice in the 1970’s to revise their once-biblical doctrine to accommodate the enactment of unilateral “no-fault” divorce laws, instead of standing strong against them anywhere close to the way they stood against gay “marriage”.

Jesus preached a 3-part definition of adultery, and part 3 actually precludes any notion of “biblical exceptions” we hear so much about:

(1) to lust in one’s heart after someone other than our living spouse (Matt. 5:27-28)
(2) to divorce a spouse in order to remarry (Mark 10:11-12)
(3) to marry any divorced person (and by corollary, to marry someone after being involuntarily divorced – Matt. 5:32b; 19:9b; Luke 16:18b)

In Matthew 5:27-32 Jesus tell us that adultery doesn’t just occur extramaritally, but it occurs just as much inside of the “remarriages” of seemingly respectable church-going people, and by His reference to cutting off of our hands and gouging out our eyes rather than taking the first step toward this abomination, He alludes to this conduct leading to hell as the (unrepentant) destination.   Later on, He directly and graphically says so in Luke 16:18-31.


Picture credit:  Sharon Henry

While it’s not strictly necessary for pastors and lawmakers to visualize their sheep (and constituents) in the hell-flames to get the former onboard with moral divorce reforms in civil law, it sure doesn’t hurt.   Pastors who do see this connection usually don’t perform the kinds of weddings that directly drive the demand for “no-fault” divorces.   If lawmakers could see their adulterously remarried constituents in the resulting hell-flames as a repeal bill is before them, and if they knew that what the martyred Ignatius had to say was a certainty concerning the corrupters of families, it wouldn’t matter whether they were liberal or conservative, they would vote for the repeal of marriage “dissolution” laws altogether.   Getting the state “out of the marriage business” would include getting the state out of the divorce business to the same extent!

Nine of these benefits to mothers (and future mothers) are temporal but extend to the 1000th generation, according to God’s word.   The #1 benefit to mothers, however, is eternal.

Happy Mother’s Day to those who can celebrate today.   Joyous Mothers Day to those whose messy circumstances lead them to find extra comfort in the Lord.

Marriage is to be held in honor among all, and the marriage bed is to be undefiled; for fornicators and adulterers God will judge.   – Hebrews 13:4

www.standerinfamilycourt.com

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

Death of a (Postmodernism) Sales(person): The Sad Passing of Rachel Held Evans

by Standerinfamilycourt

And inasmuch as it is appointed for men to die once and after this comes judgment,  so Christ also, having been offered once to bear the sins of many, will appear a second time for salvation without reference to sin, to those who eagerly await Him.  – Hebrews 9:27-28

On Wednesday, May 1, 2019,  divorce law reformers were again in front of the Texas House of Representatives, testifying in an effort to get the repeal of unilateral  (non-consensual) “no-fault” grounds to advance from that committee, a bill identical to the one that had been voted out of the same committee two years before, whereupon that bill died a mysterious death before it could be brought to the floor of the full house for a vote, and before the legislature adjourned for two years.  This time, related bills under discussion, HB922 and HB926 occupied about an hour of the late evening 3-hour session for testimony, while one bill seeking to protect wedding officiants from (homosexualist) liability by allowing them to recuse themselves, where conscience before God would be violated, (HB2109) preceded this debate and took more than 90 minutes of that time.   During the discussion of the supposedly “homophobic” recusal bill, one recently-elected millennial lawmaker from a district north of Austin responded to the testimony of Cecilia Wood, a family law attorney of 32 years, there to testify in support of HB922 eliminating non-consensual “no-fault” grounds for divorce, but also a supporter of the right to recuse from officiating weddings based on religious conscience, as follows (@ 8:30):

Rep. Talarico:  “Two comments and a question:  of course, allusion to the civil war (sic) important, but there was also a right side to that war and a wrong side to that war.  Second, you mentioned Christians staying home.  There are many Christians on this dias, including me who don’t hold discriminatory beliefs….”

“Woke” social justice writers like Ms. Held are largely responsible for the extrabiblical notions of young Mr. Talarico and too many of his generation:

(1) Belief that one can be a follower of Christ without embracing and obeying His teachings on morality and sexual ethics, as plainly described in the bible – both on a homosexual and heterosexual basis.

(2) The belief that biblically-immoral sexual behavior choices can constitute an “immutable” identity which can then be parlayed into valid comparisons with the civil rights movement of the 1860’s and 1960’s that were based on race, biological sex and religion, i.e. “a right side to that war and a wrong side to that war…”  to pass prudent moral selectivity off as “discrimination”.   (It should be noted, however, that homosexualism is quickly becoming a sect of the larger secular humanist de facto state-religion of the United States ruling political class.)

(3) The asserted moral superiority of “social justice” Christianity over a holiness-based discipleship that better comports with the full teachings of Christ, the apostles and the early church fathers, especially in the area of sexual ethics.    The fact remains that this humanist pseudo-religion is the very antithesis of actual Christian discipleship in every respect.

(4) That false analogies (in general) are excusable for the greater “good”.

To this last point, a woman’s purported “right” to disobey Christ (such as by divorcing her husband in a pagan civil court) is obscenely compared with  Martha’s sister, Mary choosing to sit at the feet of Jesus and learn from Him, in the RHE illustration we’ve opened this post with.

While this testimony was occurring in Austin, TX, another kind of eternal tragedy was occurring in Tennessee in the Evans household, a covenant holy matrimony union of 16 years, with two children.


Dan and Rachel Evans wedding, 2003

The news site, AL.com wrote on April 19“During treatment for an infection, Rachel began exhibiting unexpected symptoms. Doctors found that her brain was experiencing constant seizures. She is currently in the ICU. She is in a medically induced coma while the doctors work to determine the cause and solution…”     By May 1, her condition was deteriorating due to brain-swelling after she failed to come out of the coma.   As reported by  CNN:  “…Over the next 10 days and transfers between three facilities, Evans was comatose.  Doctors began weaning Evans off coma medication Tuesday, but she did not return to an alert state during this process…Thursday [the coincidental date of the committee vote in Texas], Evans had ‘sudden and extreme’ changes in her vitals. A medical team found “extensive swelling of her brain” and took emergency action”.

That emergency action was unavailing, and she died on Saturday, May 4.   Out of respect for the Evans family and their grieving process, we will be publishing this blog a day or two after her funeral.

This is the sort of dias-sitting “Christians” that Rep. Talarico was referring to in his hearing remarks were, no doubt, influenced in great measure by the evangelical darling of CNN, the Huffington Post, and a host of other liberal publications, secular and evangelical.  SIFC has a grown, married daughter four years older than Mrs. Evans, who also started adopting RHE’s views around the time her writings gained prominence on CNN, and quoting similar homosexuality-sympathizing  “Christian” writers such as Jen Hatmaker.    This tragedy hits very close to home for that reason.   It’s normal for young adults who have been raised in Christian homes to go through a season of questioning, but in these evil last days, it can be eternally fatal to purchase a home there (and turn it into a real estate office, as RHE did, with the backing of crooked investors).    Hopefully, SIFC’s daughter is “just renting”, and moves to a home with a Rock foundation in time.

Mrs. Evans joined Soros-funded Baptist feminists (Karen Swallow-Prior, Beth Moore and an acclaimed homosexual journalist) in the leftist smearing of Rev. Paige Patterson, resulting in his removal from his leadership posts in the Southern Baptist Convention last year because of his fully biblical anti-divorce views which rejected the morally rabid  “abuse” doctrines of this evangelical feminist cult.   She was quoted by Baptist News Global at the time: “Patterson’s comments need a swift and thorough rebuke from the SBC and all Christians of good faith.”    At least indirectly,  Mrs. Evans was the epitome of the “rent-an-evangelical” cadre that Soros operatives openly bragged about recruiting.

SBC leader under fire for comments about divorce, abuse

The following was typical of her views on man’s divorce, finding purported legal “dissolution” a necessary “right choice” to prevent the exploitation of women, and imagining the true protection of women under the biblical leadership of her husband “legalistic”….rather than the metaphysical impossibility Jesus taught that divorce of an original holy matrimony union actually is.    In effect,  RHE was a popular writer because she excused hardness of heart, telling her fans what they wanted to hear – at a time when nearly 70% of unilateral “no-fault” divorce petitions are filed by women, and almost nobody takes provable abuse through the criminal justice system, as the bible would instead direct.

…but whoever causes one of these little ones who believe in Me to stumble, it would be better for him to have a heavy millstone hung around his neck, and to be drowned in the depth of the sea.

“Woe to the world because of its stumbling blocks! For it is inevitable that stumbling blocks come; but woe to that man through whom the stumbling block comes!”   –  Jesus, Matt. 18:7-8

Although they know God’s righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them.   – Romans 1:32

“standerinfamilycourt” would vigorously challenge the late Mrs. Evans’ assertion about the “purpose of Jesus’ words on marriage”.   Rather than protecting women from “exploitation by the system”,  those words were to protect society as a whole from self-absorbed individualism, and keep fathers firmly in authority over the generations of their families, per God’s design.

Challenging the authority of scripture on such a matter, and then (apparently) dying unrepentant is very eternally costly, at least according to one early church bishop who was martyred early in the 2nd century….

Meeting this fate while still very young illustrates the extreme danger of achieving broad influence and acclaim which is built on a foundation of sand.   It’s a mercy that God sometimes removes high-impact siren voices from our midst.   When He must do so while they are so young, it’s a strong sign of how many they were leading astray, and of His foreknowledge of whether they would ever repent.    Apparently, Mrs. Evans knew John Stonestreet of the Colson Center (Breakpoint.org) very well because they were from the same town in Tennessee, and (while he can’t quite bring himself to vocalize it), he is wondering if she ever repented before she passed into eternity last week.   We can only hope so.

We are bracing for the howl we’re going to get from the antinomians out there, as we did when remarriage adulteress Joey Feek passed away young and unrepentant in her “marriage” to another woman’s legally-estranged husband.    That blog post elicited comments from hundreds of people for days.    We didn’t write that piece to be “mean” to the divorced-and-remarried, nor will we apologize for reminding people that all of the apostles warned repeatedly about the possibility of wandering away from the faith, as directly evidenced by the levels of repentance, and spirit of obedience to Christ’s commandments, in the life under discussion.  If those who would take offense insist on doing so based on extrabiblical denominational dogma, their souls are in their own hands.   If the past is any indication, some will read this and insist that SIFC has “judged” and personally consigned these erring souls to hell, as if feeling deputized by God to do so.    This is irrational (to be as kind as possible in expressing it).    What SIFC has done is tell the audience what God’s word and early church fathers clearly said about similar situations.

“standerinfamilycourt”, as Mrs. Evans did, feels called to the role of a teacher of God’s word on the family, approaching it with a holy fear of God, and ever-mindful of the stern warning from Christ’s brother, James, about the eternal impact on the audience….

Let not many of you become teachers, my brethren, knowing that as such we will incur a stricter judgment.

www.standerinfamilycourt.com

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

 

 

#RuthSummit 2019 – How Did It Go?

by Standerinfamilycourt

For by wise counsel you will wage your own war,
And in a multitude of counselors there is safety.
– Proverbs  24:6

As soon as the speaker list was released, this blogger knew that this conference was simply not to be missed, come hell or high water (SIFC literally experienced a little of both before arriving there, but that’s a story for another day).    “Standerinfamilycourt” has always had the greatest respect and admiration for its sponsor, The Ruth Institute.   Many of the scheduled speakers have long been personal heroes (and heroines).   The trip to Lake Charles is easily 15 hours each way by car, but that was no obstacle.    This will by no means be a post about “buyer’s remorse”.   There is no question that some very important connections were made at the Summit, and much cross-awareness “landed” for the participants, SIFC included.

And, there’s no question that what transpired in that venue absolutely fulfilled the objectives for the gathering that the Ruth Institute promised in the promotional information…

“Discover why the Church has been right all along about marriage, family, and sexual morality!
Stories from:
  • Children of Divorce
  • Abandoned Spouses
  • Children of Same-Sex Parents
  • Refugees from the Gay Lifestyle
Learn what it’s costing: in child trauma, clergy sex abuse scandals, runaway government power, and more.”

 

But…a day after returning, some of us were still feeling the effects of a few unmet hopes, including the action-oriented hope that it would be considerably more “shirt-sleeves” and interactive in its format, at least for the sessions involving “activist” panels.    Dr. Jennifer Roback Morse was careful to explain to participants that The Ruth Institute is not a lobbying organization (according to IRS rules for 501c3 and 501c4 educational organizations, TRI being the former).    However, the distinction seems to be more philosophical than strictly legal in how “Ruth” defines her mission and organizes the organization’s engagement with issues and social change.   For example, according to the website:

“In the summer of 2013, the Supreme Court’s decisions in the DOMA and Proposition 8 cases signaled a new level of governmental commitment to the Sexual Revolution. Dr. Morse and the team at the Ruth Institute concluded that the opponents of natural marriage hold a commanding position on the legal and political fronts.  At that time, the Ruth Institute made a strategic decision to enter into the cultural and social fray in a new way.

“With Ruth’s renewed focus on the social and cultural arenas (as opposed to the political and legal arenas)…”

Tidy strategy, this is: hoping to drive culture change in order to ultimately reform the vicious “teacher” that this law has become —except that, all the signs of the times ( for example, 70 years elapsed since Israel’s re-establishment as a nation, the emergence in Europe of mandatory RFID chipping of corporate employees,  Russia’s renewed aggression, Trump’s  move of  the U.S. embassy in Israel to Jerusalem, rebuilding of the Jerusalem temple)  ….seem to point to the Lord returning and rapturing away His church long before such a strategy might ever come to fruition, after which, the bible tell us the influence of the Holy Spirit will be removed from society remaining on earth, and the Antichrist will have a brief reign that will make all of this moral concern seem wildly irrelevant anyway.    Indeed, it’s entirely possible that the U.S. has already been “given over”, as described in Romans 1 because heterosexual moral reform has been rejected, especially in the church, long before the Windsor / Perry / Obergefell decisions of 2013-2015.    Those of us who are impatient about the timeline of family law reform are impatient mostly because the souls of loved ones remain in serious jeopardy in the meantime.    Some of us want the drag queen fired as “teacher” yesterday, and a morally worthy role model hired in “her” place  for the sake of our kids and grandkids.  No society in all of recorded history has survived more than 3 or 4 generations in the utterly bankrupt moral climate we have now, almost all of it driven by nefarious family laws and institutional acquiescence to them.

What’s largely forgotten in that 2013 strategic thought process at TRI is the need to change not one, but two grossly sinful cultures that sprang from the Sexual Revolution, the sodomy-as-“marriage” culture, and the sequential-polygamy-as-“marriage” culture (still seen by most in Christendom as what TRI refers to above as “natural marriage”).   As our friend, Pastor Jack Shannon pointed out in his 2017 book, Contra Mundum Swagger, those heavily invested in the second culture (relying on either RCC “annulment” or evangelical hypergrace) tend to see the first culture as befalling them from out of nowhere, and by no fault (pun not intended) of their own, seeing it fatalistically as a “test” or “cross to bear” rather than as an immediate call to individual and collective repentance.     It was not lawful for Herod to have Herodias, his (living) BROTHER’S wife, and a man of God gave up his own saved life to warn their souls.  It is no more lawful today for a few of these repeal movement leaders to have their current mates, while SIFC has not shrunk back from warning them in various ways (and is probably not on the short list of suitable conference speakers for that reason alone).

The Lord may not continue to forbear for two or three more decades for culture to change, under a strategy of incremental influence, in order “ease into” legal reforms.   It might be different if we were not citizens of a constitutional republic that His extreme favor gave us in the first place, and which we are now basically squandering  when we fear reprisal, or fear suffering persecution and loss of comforts – steep costs that the early church joyfully bore in order to introduce the world to true Christian morality, though they had little or no formal voice to the Graeco-Roman government systems at all.
For anyone, with both a representative vote and a state of living estranged from their true, God-joined spouse, to compare a reticent approach toward contemporary government engagement with the example set by the early church is just not an apples-to-apples comparison.

Wrote Anglican church historian Kenneth E. Kirk in the 1940’s:

“What is more astounding than the mere fact that the early Church taught and practiced the complete indissolubility of marriage for so long, is the fact that the Church chose to take its stand against the strong contemporary lax social and legal attitudes toward divorce which prevailed so universally all about them. The Church, today, feels that it is on the horns of a dilemma, because so many divorcees are coming to her for help and encouragement. Shall she accommodate the Scriptures to the apparent need of the unfortunate divorcees, or shall she uphold the Biblical standard of the indissolubility of marriage for any cause while faithfully discharging her duty to such distressed individuals?  Every church of today which considers the lowering of its divorce standards should remember that the early Church stood true to the Biblical doctrine of the indissolubility of marriage in a world that was pagan and strongly opposed to the moral and marriage standards of the New Testament. Not only did the Church maintain her stand on the indissolubility in the early centuries, she changed the attitude and standards of the whole world toward it. Even today the whole Church of Christ and the entire western world is still reaping the rich benefits of that heritage.   Shall the Christian Church of today be less courageous and faithful than the Church of the early centuries of the Christian era? Does she not under God have the same spiritual resources?

“There were other grievous social evils in the early Christian centuries. Slavery enveloped the Roman Empire of that age, yet the Christians did not set themselves to change the thinking of the masses against it, but they did set themselves to change the thinking of the masses toward marriage and divorce. Why did they not attack slavery with the same vehemence? The reason was that the Apostles had not received a “thus saith the Lord” from Christ respecting it. They had, however, received such in the doctrine of the indissolubility of marriage. No sect or school of philosophy is known to have influenced the early Church in this teaching. From whence, then, did she get the teaching? Certainly she received it from the teaching of the Gospels and from the teaching of the Apostles, who had earlier conveyed the same orally (as well as in writing) to the leaders of the early Church who succeeded them.”

(Marriage and Divorce. 2nd ed. London, Hodder and Stoughton Ltd.,1948)

For the action-oriented participants (who would like to stay God’s hand in the timing of His finalized judgment), important collaboration items had to be relegated to the conference breaks, such as asking Fr. / Dr. Sullins how one might get important outdated research refreshed, or undertake a child-outcome study for a sociological group that has never been addressed before (children of biblical standers being segregated out from those of generic and incomparable “single parents” because the former are likely skewing that measure by their growing numbers and superior child outcomes from walking out biblical principles in the home).

Perhaps there’s no avoiding the fact that panelists addressing the hydra-headed issue of what’s being done to reform unilateral no-fault divorce laws (and resulting injustices) would have a more difficult time being brief enough to allow feedback and interaction afterwards in a uniform allotted time slot, which was 30 minutes total.    This seemed to be less of a problem with the personal testimony panels where there was ample time for some follow-up, in most cases.    As it turned out, there was no time for such in the “activist” panel led by Matthew Johnston, Jeff Morgan and Christopher Brennan  (~47 minutes into this link).  The personal testimonies, while significant and powerful, mostly represent the symptoms of the disease, while the “activist panel” (in effect) represents a proposal for the surgical approach to excising the disease that is causing the cascade of symptoms.     Yes, this does involve a process for influencing policy and legislation to some extent, but the IRS has given 501(c)3’s a little bit of leeway for potential indirect involvement in this:

501(c)(3) organizations ARE allowed to take part in small amounts of political lobbying. There are two ways to determine how much nonprofits can legally lobby: 1) Insubstantial Part Test and, 2) Expenditure Test. In the first option, an organization’s lobbying activities cannot constitute a substantial part of the organization’s total activities and expenditures in any tax year. This option is somewhat vague, as it does not define “lobbying activities,” “substantial amount,” or how that amount will be calculated. The second option is somewhat clearer. The Expenditure Test defines permissible lobbying activities and measures an 501(c)(3)’s lobbying activities only by the amount of money spent on lobbying activities.

Surely, providing an annual venue for meaningful strategy development, and possible nonprofit mentoring (or incubation) for an allied-but-separate non-profit that could take a more activist role which complements TRI’s core strategic mission would not get TRI into any difficulty with the IRS, nor divert significant resources from “Ruth’s” preferred core activities.   The fact that TRI awarded an “Activist” recognition this year is a good demonstration of that point.   Quite often, when a problem seems complex and intractable, effective solutions are “both / and” rather than “either / or”,  meaning that involved organizations can certainly specialize where they feel their strengths are, while maintaining supportive ties with other organizations whose strengths may be complementary but not duplicative.

Perhaps some time allowance is necessary for “ice-breaking” when diverse allied interests and players (who started out not knowing each other very well) begin coming together for the first time, but the road home from this conference felt as though an untamed “adhocracy” will continue to be aimed in 2019-20 at the political realm, rather than a purposeful coordination of collaborating efforts based on experiences shared, and consensus-finding.   This seemed like a sad waste of the rare and valuable face-to-face time we were afforded in Lake Charles.   Hopefully, some of this occurred at the smaller dinners that were organized for the invited speakers outside the formal agenda.    From SIFC’s seat, it appeared that some panelists were not in consensus with each other about specifics of the way forward.    When the other side plays dirty (as we know they do), one option indeed is to wait until conditions are more favorable before ever engaging, another is to peck away randomly which isn’t likely to be very successful, and the third way is to go after them with a solid, coordinated and well-vetted battle plan that takes into account a SWOT analysis (strengths, weaknesses, opportunities, threats) that is updated at least annually.    One possible solution for the next conference might be some breakout time by interest area.

We all tend to come to these events with a few individualized sub-agendas, in addition to the main agenda items.    SIFC is the first to admit that what will be gleaned from this year’s Summit participation and deemed most valuable is steps to meaningful reform that will come sooner rather than later, and divert that many more precious souls from hell (at least, on account of dying while in a sinful subsequent union).   Another sub-agenda, for somebody else, might be gleaning whatever will most quickly lessen parental alienation or reduce onerous child support payments.   Some standers in the room might prefer for divorce to remain cheap, easy and certain so that their prodigal spouse has an easier path to repentance some day.   Some individuals will be looking to make or continue a livelihood from the reform effort.   These things will, of course, cause some differences in preferred approach and timeline to reform.     Possibly, a sub-agenda for the Summit sponsors is to be inclusive of non-Catholics while not doing anything that might unnecessarily alienate the material support of RCC hierarchy for the organization’s efforts and vision.   Can a mutually-supportable action path be found through all these sub-agendas?   Possibly, but not if insufficient interactive discussion time is allotted among key stakeholders in the program agenda!    This is the first major conference in recent memory attended by SIFC  where some sort of general participant evaluation feedback was not requested.

It did not take long for word to get out among the covenant marriage stander community of this #RuthSummit, and of the livestream video resources that Family Research Council staffers so generously provided.  “Standerinfamilycourt” awoke to an email from a male leader in the movement Tuesday morning, sharing that another abandoned, standing husband had emailed most of the faithful pastors in the movement, and several other standers.   This young husband who originated the email chain had been texting me on Friday, eager to get to the livestreaming links before the opening dinner got underway.    All of this is truly a blessing to that large community, who has (admittedly) mixed views on the actual repeal of unilateral, no-fault divorce laws and the biblically-appropriate level government engagement by Christ-followers.

“Standerinfamilycourt” would like to wrap up this post by giving a hearty “thumbs-up” to a few points in the long list of positives from #RuthSummit 2019 over this past weekend:

1.) Auspicious, God-orchestrated timing:  As we sat at dinner Friday night, while Texas activist Jeff Morgan was receiving TRI’s award as “Activist of the Year”,  SIFC received a text on the cell phone:    Both HB922 and HB926 had been scheduled for their committee hearings on only 2 business days’ notice.    SIFC is “sure” there was no mal-intent with this timing, which is “done all the time”, we hear.    Little did House committee chairman Harold Dutton know that his maneuver increased the joy of the evening, as the veritable who’s who of activists in were in the same room to receive the news while gathered over dinner.   This would include Dr. Morse, Leila Miller, Matthew Johnston, Chris Brennan, blogger Kristi Davis, Dr. Stephen Baskerville, and new repeal enthusiast Dr. Robert A. J. Gagnon.     Just picture the phones ringing off the hook in Austin all day today and tomorrow, and the prayers going up for some of these folks who will be there in Austin testifying tomorrow at 10:30 local time.
The timing actually helped increase the chances that if both bills fail against the very long odds of getting to the House floor for a timely vote, there will at least be solid backing for simultaneously introducing them in both chambers (with needed improvements) in 2021, next legislative session.   The Lord works in mysterious ways. – praise Him!

As for you, you meant evil against me, but God meant it for good in order to bring about this present result, to preserve many people alive.
– Gen. 50:20

Dear Readers, here is the list of committee members and their contact information.

ACTION REQUEST: Would you consider being a part of history-making and giving each of these committee members a timely call, asking them to support both bills? You do not necessarily have to be from Texas to weigh in, but if you are from Texas, and either you or somebody you know from Texas has a restored marriage after a Texas “no-fault” divorce, this will be very important information to leave with the staffer when you call, in order to deliver a strong message that “insupportability” is nothing more than a subjective legal fiction on which no law depriving citizens of their parental or property rights should be based in a constitutional republic.

A key tidbit about Mr. Dutton, the committee chairman:  he went through a messy divorce in the 1990’s.   Among other traumas from his own divorce, he experienced the horror of having his wife’s live-in boyfriend physically abuse his sons without being able to do anything about it, like many other young men who are subjected to forced divorce. If the situation is that he did not actually initiate his divorce (almost a 70% chance), this could provide something to widen his perspective a bit.

The current legislative session in Texas adjourns for two years at the end of May.    If you are interested in watching tomorrow’s proceedings live tomorrow, Wednesday, May 1, try this link (no promises they will actually have it on camera, but there’s a chance).   Alternatively, it’s likely Jeff Morgan will be videoing capturing the testimony for upload to you his youtube channel as he did two years ago.

UPDATE:  Testimony on the bill to repeal one spouse’s subjective and unsubstantiated declaration of  “insupportability” as a ground for divorce in Texas was heard on May 2, 2019.   On May 3, the bill failed to achieve the necessary votes in the Democrat-dominated Juvenile Justice and Family Issues Committee to move on to the Calendar Committee, despite having done so two years earlier, and despite dozens of covenant marriage standers calling these committee members’ offices in support of HB 922.   It will now have to be introduced again into the 87th legislative session in 2021.

2.) Wonderful connections with another strong group of Catholic standers was forged:  We already have solid connections with Catholic standers through Bai MacFarlane’s wonderful ministry, Mary’s Advocates.    SIFC learned at the Summit that Covenant Keepers has been working closely with a well-established group of Louisiana standers who have formed a weekly group locally called “Hosea’s Hope” (no apparent online presence).    These standers shared another tidbit of good news:  it appears that Covenant Keepers has worked recently to cleanse its local group leadership of adulterously remarried leaders, which would be an update on our earlier reporting, if confirmed.

3. )  The value that covenant marriage standers bring to the effort to save biblical marriage was publicly recognized at the Summit.   Dr. Morse asked all the standers in the room to “stand” right after the panel on marital abandonment spoke.   We were able then to identify each other, perhaps half a dozen people.    Hard copies of this recent blog post , “7 Important Contributions Covenant Standers Are Making Toward the Repeal of Forced Divorce” were brought to the conference for handouts, and Dr. Morse very graciously gave us impromptu table space in the venue.   She told the invited stander speakers, “when the history is written that this ship got turned around, y’all are going to be mentioned…”     This was said in front of some of the most important Christian scholars we have today by one of the most important Christian scholars we have today, and it went out over the Family Research Council media machine.    It was a mighty proud moment for standers everywhere.    Dr. Baskerville gets a lot of feedback from the (justifiably) angry MGTOW crowd (“men going their own way”).    It must have been refreshing to hear for once about grace-filled men and women going GOD’s way under the same profoundly unjust circumstances.

4.) Dr. Baskerville hit yet another one “out of the ballpark” (opening wide the eyes of some very influential people).    These were the exact words of a stunned Dr.  Gagnon on his Facebook wall after hearing Stephen Baskerville’s riveting 40-minute address:

“Dr. Stephen Baskerville, professor of government at Patrick Henry College, hitting his critique of “No Fault Divorce” out of the ballpark. It is one of the most anti-constitutional measures imaginable, incentivizing family break ups, rejecting basic standards of justice, and giving the state unlimited tyranny…”

Most serious standers who follow our pages were not surprised by this at all, since it is quite customary for the blunt Dr. B to hit things out of the ballpark every time the mic is on.   That said, there is a famous moment in the movie, “Amazing Grace” where MP William Wilberforce has conspired with the head of the Tories to take one well-heeled set on a party-barge tour of the harbor, complete with powdered wigs, wine, hors-d’oeuvres, and a string quartet.   SIFC could go on to describe the proceedings, but it would be more fun to just let the readers watch it instead, while emphasizing that in no way are any Summit leaders or participants being compared with the insensitive lot in the movie, but the “turning point” feel of that moment is still quite similar indeed.   Picture Dr. Baskerville on the bridge of the sailing vessel that carried the slaves – not hard, is it?

5.) The language of the thought leaders in the room appeared to be slowly changing for the better (and root causation finally being acknowledged out loud).     Dr. Gagnon also gave an excellent address Saturday afternoon.   Although it was (by title) about homosexualist twisting of the scripture, he had a lot to say about holy matrimony.  Across several of the speakers, we started hearing a bit less about the looser “standard” of “permanence”, and considerably more about the far more demanding state of indissolubility that Christ laid out.   Desirably, we also started to hear a lot about the one-flesh state, notably at ~ 11:55 in Dr. Gagnon’s address, when he says this about the one-flesh state (echoing Paul in Ephesians 5):  “…so whatever you do to your spouse, if it’s a negative thing, it’s a self-inflicted wound.”   And again, at ~ 21:30, and at ~40:00 where Dr. G comes oh-so-close to appropriately recognizing the instantaneous, supernatural, metaphysical nature of the God-joining that is the very Creational basis for indissolubility, and for “remarriage” while an original spouse still lives, constituting papered-over adultery 100% of the time.    It’s not the repeated physical uniting that creates the one-flesh state, according to Jesus in Matthew 19:6,8 and Paul in Ephesians 5:31, it’s God’s actual hand in the wedding itself that permanently does so.   If this were properly acknowledged, the witness against homosexual “marriage” (and practice) would become so much more powerful than any attempts to “rank” soul-corroding sexual sin.

At ~ 18:00: “When Jesus talked about marriage in Matthew 19 as being indissoluble, permanent, lifelong…a vision largely lost by the church, which is the beginning of our problems.   We would never be at this place on the issue of homosexuality and transgenderism if we hadn’t already lost the battle on the longevity and permanence of marriage…if we had not caved on those issues, we would not have come to this extreme point, and we are at an extreme point now.”  
(SIFC must still respectfully disagree with any attempt articulated between 22:00 and 40:00  to claim that one sexual sin is “worse” than another, when Paul said this in 1 Cor. 6:18-20,  about heterosexual defilement of the temple of the Holy Spirit, and warned at least twice, “do not be deceived” :  both receive the same eternal outcome if unrepented, we’ve lived to see that both equally undermine the biblical family, hence entire societies, sending the unrepentant to hell in both cases.  SIFC believes such a philosophy is a large part of the reason we “lost the battle on the longevity and permanence of marriage”, as Dr. Gagnon had earlier put it.)

We believe it’s the patient, continued voice of the scholar-standers who are respectfully challenging the comfortable presumptions of the more conventional and acclaimed scholars and bringing about this necessary evolution in the latter.

6.)  There also seemed to be a “lessons-learned” readiness to jettison the unhelpful idea of 5 years ago, that the sexuality debates can leave God out and prevail.   The best indication of this maturation, of course, is the theme for the Summit: “Why the Church’s Teaching Was Right All Along” (that is, “right all along” if you ignore the 12th century fabrication of “annulment” doctrine under Pope Innocent III, and you also ignore Luther’s humanistic 16th century innovations.)   The absurdity of this notion should have been obvious on its face in 2013:   “we battle not against flesh and blood, but powers and principalities and dark forces in the heavenly realm.”

7.) Satan so feared the impact of the #RuthSummit livestreaming result that he felt compelled to harass the Family Research Council technicians on both days.    Thankfully, the Holy Spirit was invited in both days in prayers to open and close the sessions.  Organizing this kind of an event around a controversial topic that brings together people of different faiths, but the same biblical truth, is never as easy as it looks.   This one came off very well, and was an endless encouragement to thousands of covenant marriage standers around the world who were not able to attend, but wouldn’t have missed it for the world.

We are looking forward to next year already!

www.standerinfamilycourt.com

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

 

 

The Marriage Moral Space Between The Bible and The Constitution – Conscionable for Christ-followers?

by Standerinfamilycourt

For the Gentiles eagerly seek all these things; for your heavenly Father knows that you need all these things. But seek first His kingdom and His righteousness, and all these things will be added to you.
Matthew 6:32-33

Video credit:  Jeff Morgan.   Matthew Johnston interviewing Dr. Stephen Baskerville, February, 2019

Our blog spends most of its time and words mapping out the moral space between scripture and unilateral “no-fault” divorce laws, all the while being well aware that this is “taboo” space which is alleged to be at odds with the Establishment Clause of the Constitution.   Actually, this moral space consists of three moral sub-spaces:

(1) the moral space between scripture and the allowance of fault-based divorce which does not violate the Constitution, but severely violates scripture (Matt.19:6,8 )  –  Space “A”

(2) the moral space between fault-based unilateral divorce (Romans 13:4) and mutual-consent “no-fault” divorce  – Space “B”,

and, finally

(3) the moral space between mutual-consent “no-fault” divorce and forced, unilateral “no-fault” divorce (Isaiah 5:20) –  Space “C”.


(please click to enlarge picture)

Woe to those who call evil good, and good evil;
Who substitute darkness for light and light for darkness;
Who substitute bitter for sweet and sweet for bitter!

“standerinfamilycourt” began pondering this due to the repeated persistence, in a small strategy discussion group, of a Catholic man who refuses to budge from Space “A” on both moral and constitutional grounds.     He therefore stands opposed to the apparent consensus of the majority in that group: that our divorce law reform objective, particularly insofar as it encompasses the legislatures,  should be  Space “A” + Space “B”.     It’s not at all that this gentleman believes per the bible that death is the only thing which severs and dissolves holy matrimony.   On the contrary, as a “good Catholic”, he also believes that an “annulment” decree from the bishop does this, but in that case he would argue that some extrabiblical “defect” somehow made it “not a marriage”.

At the same time, a brilliant young legal scholar in the group also believes in reform encompassing only Space “A” – on technical constitutional grounds related to  Articles 3 and 10 of the Constitution, but for pragmatic reasons, can settle for Space “A” + Space “B”, so long as this result doesn’t get overturned in court on those same constitutional grounds.  (“Get ‘er done”!)    The difference between the two gentlemen is in their motives and reasoning in arriving at the same end point.    Our Catholic friend believes there are some instances other than physical death which lead God to assent to “dissolution” if church leadership does,  and absent leadership corruption (a huge presumption), this would normally track with fault-based jurisprudence which would be better for the children of the marriage than their parents having an option to decide together to end their marriage.  (Church tradition elevated above God’s commandment, by perceived “delegation”).  Meanwhile, our millennial believes that God has delegated so much authority to the state that the Establishment Clause must override God’s law in order to prevent a “theocracy”.    (State over God, because the alternative in a pluralistic society might be worse.)  SIFC cannot agree with either view, because of Who God says He is, and the outright blasphemy involved with corrupting in any measure one of the key symbols of His holiness and His relationship with His people.

That said, SIFC can also “live with” a pragmatic reform result of Space “A” + Space “B”….but upon deep reflection, believes that if Jesus Christ were in this discussion group,  He’d say that even Space “A” is too much “daylight” between the instructions He left us with and what we as Christian citizens will settle for in our family laws.   Space “A” actually reflects the Pharisaical school of Shammai which He rebuked in Matthew 19, while  Spaces “A” + “B” + “C” reflect the Pharisaical school of Hillel which He also rebuked in Matthew 19.

Unless your righteousness exceeds that of the scribes and Pharisees you will not enter heaven.    Matthew 5:20

He said to them, “Because of your hardness of heart Moses permitted you to divorce your wives; but from the beginning it has not been this way.”     Matthew 19:8

Christ’s position would be:  only God, and not civil government has authority over holy matrimony, and nothing short of holy matrimony is actually moral:

Space “A” +  Space “B” + Space “C” – Space “A” minus  Space “B” minus Space “C” = zero human authority to create holy matrimony or grant a divorce from it.

Christ would grant civil government the authority to track marriage and death records to support the union, but would say that all divorce is man-made and of no effect in the kingdom of God, unless the “marriage” it purports to “dissolve” was invalid and kingdom-unlawful to begin with.   He would say that all authentic marriage is only God-made, and anything outside of that is adultery, which sends people to hell if they don’t repent of it, and for which He will eventually judge our unrepentant nation, especially if the shepherds of His church remain complicit.   By contrast, one recent state is attempting to keep the usurped authority for the state to continue granting unilateral “no-fault” dissolutions, but prospectively only record God-joined unions (and all manner of other man-fabricated  cohabitation arrangements) upon affidavit, and doing so in order that the state’s judges may escape perceived persecution and actual liability at the hand of the homosexualist community from conscience-based refusal to officiate sodomous weddings.

 

“Standerinfamilycourt” is sincerely wrestling with this….
So…just how acceptable in God’s sight is it to advocate for change in a law that is presently sending people to hell by the millions, in favor of a reformed law that maybe only sends people to hell by the thousands (on the prevention side), and increases the legal avenues for repentance which avoids hell (on the rectification side)?
How much more or less acceptable in God’s sight is it to advocate for a law that prohibits divorce altogether (that is, strikes the dissolution statute in its entirety — whether or not there exist what men might consider to be “fault-based grounds”), thereby sending few or no one to hell because they divorced their true spouse, but sending some to hell because they can no longer civilly-divorce a faux spouse, and which also closes off all avenues of biblical repentance  via man’s law?    After all, it can’t be emphasized often enough:   the law is a teacher, (especially with regard to the unregenerated who have no way of being counseled from within by the Holy Spirit), for better or for worse.

“standerinfamilycourt” may never have the answer to this dilemma until actually standing before the throne of God, when all of a believer’s life works will be judged to see what survives the fire:

For no man can lay a foundation other than the one which is laid, which is Jesus Christ. Now if any man builds on the foundation with gold, silver,  precious stones, wood, hay, straw,  each man’s work will become evident; for the day will show it because it is to be revealed with fire, and the fire itself will test the quality of each man’s work. 
If any man’s work which he has built on it remains, he will receive a reward.  If any man’s work is burned up, he will suffer loss; but he himself will be saved, yet so as through fire.

Do you not know that you are a temple of God and that the Spirit of God dwells in you? If any man destroys the temple of God, God will destroy him, for the temple of God is holy, and that is what you are.
1 Cor. 3:10-17

“standerinfamilycourt” is right to be concerned that all of the very costly and difficult activism, in terms of changing man’s divorce law, is only “wood, hay and stubble”.   But if legal reform could also change hearts, reduce the massive number of people dying in a state of adultery,  and increase the harvest of godly offspring who ultimately become citizens of heaven, that becomes a precious metal which will withstand the fire.

In Mathew 6, Jesus told us to seek His righteousness (presumably for ourselves, but perhaps also for others) while we’re first seeking the kingdom of God.    In Matthew 5:6, He declared, “Blessed are those who hunger and thirst for righteousness, for they shall be satisfied.”  Both verses clearly promise a fulfillment from Him if our heart motives are what they should be, and we’re doing our part to obey the seeking, hungering and thirsting part.

Many earnest believers will argue either (1) “No one serving as a soldier entangles himself in the affairs of this life, that he might please the one having enlisted him” (2 Timothy 2:4), and therefore eschews all political involvement by Christians,  or (2) God’s law of marriage only applies to the redeemed.    Although the first idea has some merit, the second is completely contrary to Christ’s instructions, so  “standerinfamilycourt” respectfully rejects both notions, in times like these.

It seems, therefore, the moral focus needs to be on the net effect on souls arriving in the kingdom of God, in clean wedding garments.   That is all that will survive the fiery test of our life works.    Obviously, if the “dissolution” statutes were all repealed from the lawbooks of all 50 states and not replaced, the expected result would be a wave of both righteous and unrighteous marital abandonments, the former resulting in repentance from adultery ,  and the latter resulting in a massive, if not unprecedented, increase in adultery because of the cultural intolerance of being told by government what to do.     As predominantly immoral as our society has grown in the past five decades (encouraged by the enactment of increasingly immoral civil laws), perhaps the effects would initially “wash”,  then who knows what would follow after that?

Situational ethics and moral relativism are never healthy things, and are downright nauseating to SIFC.   This is the mistake Moses  appears to have made, in endeavoring to “manage” sin in a pretty identical situation (Deuteronomy 24:1-4)  instead of strongly rebuking it, and Christ showed that He was less than impressed with this.   After all, it was not Moses whom Christ commended as the “greatest among all men born of woman”.    It was instead His cousin, John, who sacrificed his very head to try and warn two adulterers to repent to escape hell.   The kingdom of God suffers violence, not appeasement and accommodation!  In accepting moral Space “A” or moral Space “A” + “B”  for pragmatic reasons, there is both situational ethics and moral relativism involved, because human compromise is being aimed at seeking to prevent a perceived greater evil anticipated from a stricter law, due to inherently evil human nature.

Talk like this can be very unsettling to those who have never had the constitutionally-false notion of a thick wall of separation between church and state meaningfully, intellectually challenged.   Certainly, among millennials, there is a long-fed fear (much of it, historical-revisionism-driven and propaganda-driven) causing this generation to struggle in particular with the Establishment Clause, and almost elevating it over the Free Exercise, clause out of concern, (perhaps) that Christianity will lose its moral authority and representation if Allah, Buddha, Krishna and Marx are not given equal place with the Most High God of the bible in our society.     A lot of it has to do with the time period in which boomers vs. millennials and generation X-ers lived and grew up.   And that has a lot to do with (believe it or not) the downstream effects of enactment of unilateral “no-fault” divorce. Those of us whose hair is now graying grew up for at least a couple of decades during a time when Christian values indeed dominated, and families under all religions actually thrived, even if they were prevented from dominating or having equal representation. That’s because we still HAD our families, directly due to Judeo-Christian domination of power structures and government.

In another February interview, Dr. Baskerville told World Magazine ,

“The churches withdrew from private life?
And the state moved in. What had been the role of pastors and priests became the role of lawyers, judges, and social workers. The church has never tried to reclaim its turf, and has been a major contributor of secularization, of people feeling the church is not part of their life when it’s not enforcing the marriage contract.

“What can be done now? The church has got to step in. Much of the history of the Christian church has been brave churchmen speaking out when the state overreaches its authority. This whole area of sexual morality is, frankly, our turf and God’s turf. The state has a role but is overstepping.”

Is it lawful for us to give tribute unto Caesar, or no?  But he perceived their craftiness, and said unto them, Why tempt ye me?  Shew me a penny. Whose image and superscription hath it? They answered and said, Caesar’s.  And he said unto them, Render therefore unto Caesar the things which be Caesar’s, and unto God the things which be God’s. And they could not take hold of his words before the people: and they marvelled at his answer, and held their peace.
–  Luke 20: 22-26

Dr. Jennifer Roback Morse posted another excellent question from that interview on the Ruth Institute facebook page:  Q: Were churches sleeping when no-fault divorce emerged?

A: Some churches did raise their voices, but much of their attention was diverted at the time by Vietnam and civil rights. There was very little debate, very little discussion. No-fault divorce, the welfare state, and the cohabitation explosion were all usurpations of the church’s role by the state. Governmental power was inserted into a realm of private life that had been the realm of the churches.”

All of the above is true enough, of course, but does not represent the whole picture, at least with regard to the Protestant churches:

[standerinfamilycourt 3/6/2019 on this Ruth Institute Post ]  Martin Luther & co are partly to blame for the church apathy. Forced divorce would be a much bigger issue had he not turned over the authority to the civil state to regulate holy matrimony in order to obtain access to man-made “dissolution” certificates, then established the Reformation church on the outright heresy that original holy matrimony bonds can be severed by anything but death. The real insult to the church is that the civil state is deigning to regulate marriage at all, much less on a “no-fault” basis, but heresy reigns supreme, and revised bibles back it up. For the church to do much to oppose state regulation of marriage, much less any kind of tyrannical divorce law, they would have to acknowledge that all resulting “remarriages” are morally and spiritually invalid adultery in all cases. When they can get away, and indeed grow rich, with not doing so, that’s too big a morsel for most to bite off.

One of Martin Luther’s more outrageous quotes (actually acknowledging that only death dissolves holy matrimony, and providing a very creative solution) goes thusly…

Dr. Morse’s Roman Catholic Church has their own canon law, and has continued to claim its authority over marriage, notwithstanding the state’s competing claim to that authority.   Both claims are overstated and distorted from a kingdom of God perspective.

Perhaps it’s best to step back and look at the behavior of our nation’s founders and their choices with regard to allocating authority over marriage, between human government (Caesar) and God’s commandment that marriage was indissoluble except by physical death.    It was these men who claimed “certain inalienable rights” directly from God, of life, liberty and the pursuit of happiness.   It is interesting to note that neither the U.S. Constitution nor any of the original state constitutions eventually ratified in the thirteen colonies even attempted to allocate the authority to regulate marriage to civil government at all, even though Federalism and Article 10 left the states this space.    Based on this, SIFC believes it is fair to say that our nation’s founders started off on the conservative end of Space “A”, fairly aligned with biblical instruction, and this is one of the reasons God incubated and fostered our nation, making it extraordinary in its greatness.    In other words, there wasn’t a lot of moral space between the Bible and the Constitution until case law and legislatures put the moral separation space there later.

A Word About Our Founders, the Framers of the Constitution
Were all of our principal founders followers disciples of Jesus Christ?   No.    Many were deists and humanist subscribers to natural law, including Thomas Payne, George Washington, Thomas Jefferson, Ethan Allen and Benjamin Franklin.     Others, like John Jay, Patrick Henry, John Adams, Samuel Adams and Alexander Hamilton, Noah Webster were unequivocal about following Christ.    Virtually all of them knew and expressed an overt warning that the form of government they had designed and bequeathed to the future citizens of this nation would only continue to function in an environment of national biblical morality.

Charles Carroll, signer of the Declaration of Independence said: “Without morals a nation cannot subsist for any length of time.”

John Adams said, “Religion and virtue are the only foundations, not of republicanism and of all free government, but social felicity under all government and in all the combinations of human society.”

Though widely assumed to be a deist, Benjamin Franklin said, “God governs in the affairs of man.  And if a sparrow cannot fall to the ground without his notice, is it possible that an empire can rise without his aid?”

(    SIFC:   That can be the rise of a nation for a kingdom purpose, or it can be  tolerated rise of a malevolent stronghold into an empire to punish an unrepentant nation that once enjoyed His extreme favor, and in yesteryear faithfully carried out that purpose, but now is leading the world into deeper debauchery and idolatry.)

Also, observed by Ben Franklin:  “Only virtuous people are capable of freedom.   As nations become corrupt and vicious, they have more need of masters.”

George Washington said, “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports”, and, “It is impossible to rightly govern a nation without God and the bible.”

John Adams declared, “We have no government armed with power capable of contending with human passions unbridled by morality and religion…Our Constitution was made for a religious and moral people.  It is wholly inadequate for the government of any other.”

(Tell us 21st century citizens about that, Mr. 2nd U.S. President!)

Finally, Noah Webster said, “…the moral principles and precepts contained in the scriptures ought to form the basis for all our civil constitutions and laws…All the miseries and evils that men suffer from vice, crime, ambition, injustice, oppression, slavery and war, proceed from the despising or neglecting the precepts contained in the bible.”

It is frequently argued today that we can’t go back to what we first had as a nation (as if the Lord God were indifferent), because our nation’s residents are no longer homogenous enough for it to work, therefore, we have no practical choice but to govern according to the prevailing cultural morality.   (Much of this, it can be quite accurately observed, is said with the motive of coddling and appeasing the homosexualists.)   “standerinfamilycourt” hereby prophesies that if we continue on as a nation with this ridiculous fallacy, the Muslim caliphate ultimately will not share that opinion with us, and will not hesitate to impose Shariah law on a morally-unruly citizenry. There is plenty of historical precedent for this in the bible and recorded world history.  God owes the United States of America nothing, but He allowed first the Assyrians and then the Persians to overtake the nation of Israel. After seven decades of subjection, He required an intense purge of unlawful “marriages” and restored societal morality before He would restore sovereignty to His favored nation whose religious leadership was complicit in the systemic evil.

The following is only a theory on SIFC’s part, but it has been well-tested by the first nearly 200 years of our nation, when Baptists, Anabaptists and Methodists (who were socially disdained back in England) got along just fine with the Anglicans and Presbyterians.    Later on, the Jews and Catholics got along just fine with the Protestant leaders and citizens under the civil marriage laws that prevailed until 1970.   God’s moral favor gave cover for civil governments to impose that morality on the Mormons and Muslims, a circumstance that today shows signs of beginning to break down.  Civil law does not need to prohibit man’s consensual divorce in order to appease God and wisely govern the people, but it must never force family dissolution and fragmentation on innocent family members while morally and financially rewarding the guilty family members.    Society begins to break down at the point when obeying God’s biblical family law (whose very core is Gen. 2:21-24 and Matthew 19:4-6,8) becomes either very difficult or impossible under the corrupted civil laws of men.

Righteousness exalts a nation, But sin is a disgrace to any people.
– Proverbs 14:34

www.standerinfamilycourt.com

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



Decoding a High-Stakes Legislative Study: “No-Fault” Push in the UK

by Standerinfamilycourt

The first to plead his case seems right, Until another comes and examines him.   –  Proverbs 18:17

The “senior members of the Judiciary, the Family Mediation Task Force, Resolution (the national organization of family lawyers)”  have the perfectly “simple” solution to the Solomonic dilemma posed above:   make it henceforth unlawful for another to come and examine him.  
(At least, until they’re all back in court afterward, fighting over the level of support and visitation of the children, upon which the next 10 years of fees may be billed, post-decree.)

Thomas Pascoe of the Coalition for Marriage called the House of Commons legislative “impact assessment” supporting enactment of “no-fault” divorce in the UK, on the premise that it will reduce conflict, “very flawed”.    We call it, “not very original” – nor experientially true.    We couldn’t agree more with Mr. Pascoe.   In fact, after studying the study, we find his critique quite tactfully understated with regard to the entire study’s design, purpose and independence.    Based on U.S. experience, we have much to say about the validity of the very premise that conflict over the involuntary dissolution of one’s marriage, and abridgment of parental and property rights,  while innocent of any objective and provable charge, can or should be “managed” by the state as a primary goal of marriage regulation.    The U.S. experience shows the acrimony can only be postponed until after the “dissolution” is imposed, and that this particular state-of-affairs has a long track record of being extremely lucrative for the legal community, while imposing absolute totalitarianism on the citizenry as a whole, outside of the protected special class.

In Part 2 of our coverage of these developments, we do a “deep dive” into the validity of the report, gleaning what we can about sponsorship, financing for the study, design, independence and objectivity.    We do so from a U.S. experience-base of almost 50 years concerning the on-the-ground ability of the government to “manage conflict” in an adversarial divorce petition over inalienable property and parental rights, especially one where there’s no defense available to the “Respondent”, as is the appalling case in most U.S. states.   We concede that the British constitution differs in various respects with the U.S. Constitution when we use terms like “inalienable”, and we forthrightly concede that these things have eroded over time in the U.S. due primarily to judicial corruption.

Undertaking this task has actually required the reading of several ancillary reports in addition to the House of Commons recommendation (briefing) report, including the public vetting results, and a 171-page commissioned “research” paper financed by a liberal public policy foundation  (which states in a foreword that it also funded 1980’s research pushing  unilateral divorce-on-demand), and spearheaded by a family law professor.   This centerpiece research paper focuses primarily on administrative convenience for the courts, and “public perception” of the law, and not at all on evidence surrounding family integrity or outcomes (which should be paramount).

Pointedly  not considered in the design of this “study” was any highly relevant U.S. data resulting from similar policies as here proposed, or whether the unilateral divorce laws enacted in the United States and Canada are sustainable in light of their extensive, progressive  damage to the constitutional republics involved, nor even where similar policies (“postcard divorces”) had to be repealed even under communist regimes before those societies uttlerly collapsed.   Most tellingly, Professor Tinder ignored  Dr. Mark Regnerus’ landmark 2012 New Family Structures Study which was longitudinal over 15,000 subjects and a 30 year time period, and showed (among other things), that children raised in step-parent homes resulting from divorce did as almost poorly in their adult outcomes as children raised in single-parent homes – a clear rebuke on public policy which promotes non-widowed remarriage.    Indeed, the study was not concerned at all with family structure outcomes; did not ask that question, therefore did not consider any of the abundant data along those lines.  Despite engaging a statistics firm, this study did not even do a competent root cause analysis on the study questions it did ask, to validate the problem statement before defining “alternatives” and jumping to predetermined recommendations.

A properly-validated study would have examined the proposals from persistent reform efforts in other “no-fault” countries such as the United States, at least to have reasonable assurance that all viable reform models were being considered in this study.   We further note that if the problem statement and root cause analysis had been properly constructed, the rather trivial complaints which the study said “justified” reform would have been more properly attributed to the lack of availability of a joint petition based on “irretrievable breakdown”, rather than mis-attributed to fault-based grounds — as was the true case in the United States in 1969.  

It is quite implausible that Resolution would not have been aware of the steady wave “no-fault” reform bills over the last 15 years or so before legislatures in  Michigan, Iowa, Texas and Oklahoma,  where the persistent reform consensus has been around providing a combination of consent-only “no fault” grounds by mutual petition, and fault-based grounds that would apply in the event consent cannot be obtained.   The best of these reform efforts also seek to apply fault-based property and child custody standards which have the goal of reforming the perverse financial incentives involved in the family law industry’s practice of actively contributing to the promotion of family breakup, to judicial collusion and corruption, and to preemptive control of all related legislative committees.   It is also implausible that the lobbying organization “Resolution” would not be aware of the commercial advocacy of their counterparts in the various state bar associations and family law associations in the U.S.  Surely, they would be aware of the rapidly-growing Parents’ Rights movement backlash in North America that has resulted from the very policies which this “reform” campaign advocates.    Instead, this “study” takes a mere “snapshot” of existing problematic legislation which these intensifying reform efforts are aimed at, and disingenuously complains that the UK is “out of stepwith what is occurring abroad.

In “standerinfamilycourt’s”  humble opinion, the only portion of these study documents that were not primarily lobbying propaganda was the very interesting public vetting results (which were basically ignored in the final recommendations), along with very valid criticisms in Section 5 of the report.

The official recommendation for the new legislation reads as follows:

“The Government proposes that there will still be only one ground for divorce: that the marriage has broken down irretrievably. However, this would be established in a new way. The Government proposes to move away completely from both the ability to allege “fault” and the ability to contest (defend) the divorce: We propose to move away from an approach that requires justification to the court of the reason for the irretrievable breakdown of the marriage to a process that requires notification to the court of irretrievable breakdown. We also propose to remove the ability of a spouse, as a general rule, to contest the divorce (this is formally called defending in the legal process…). The Government reasons that if one spouse has concluded that the marriage is over, then the legal process should respect that decision and should not place impediments in the way of a spouse who wants to bring the marriage to a legal end. Importantly, this change would also prevent the legal process from being used to exercise coercive control by one spouse over the other spouse who may be a victim of domestic abuse.

“The Government therefore proposes to repeal the requirement for petitioners to give evidence of one or more facts and to replace it with a process of giving notice of irretrievable breakdown. In this process, the person seeking the divorce (or potentially the couple jointly) would give notice to the court of the intention to divorce, stating their belief that the marriage had broken down irretrievably. Irretrievable breakdown would therefore continue to be the sole ground for divorce. In the two-stage decree process that we propose to retain, the court would not be able to grant the first and interim decree (the decree nisi) if it was not satisfied that the marriage had broken down irretrievably.”

(   SIFC :  Notice the clever pretense of a residual “judicial discretion function” in the last sentence, mimicking a pseudo separation-of-powers but no longer with any actual substance, since explicitly all that will be legally required is the Petitioner’s subjective assertion which would then bind the judges to just one possible decision, once appealed.   Under the U.S. Constitution this sort of window-dressing would be an imperative due to Articles 3 and 10.)

How did the vetting population feel about this?   And who were they?

Overwhelmingly, these UK citizens are opposed to the main legislative recommendation to remove fundamental family protections, but their voice is clearly being ignored.    This figure tracks right along with data gathered three decades ago in the U.S. that showed 80% of Respondents to a “no-fault” petition alleging “irretrievable breakdown” opposed the dissolution of the marriage based on religion and conscience, even if they could not afford to formally contest.   Clearly, these UK citizens know when their civil rights and the sovereignty of the family are at risk, and when they don’t buy into the problem definition to begin with.

Based on who the vetting population consisted of, it is clear to see who made up the 15% minority in favor of forced, non-consensual divorce.

  Independence in the research study?
SIFC found that in digging into the Nuffield study on which the legislative recommendations almost entirely rely,  the backward-engineering (n.b. desired solution defines the “problem” which scopes the “research”), and cozy relationships between the legislators, judiciary and the family law industry didn’t take long at all to detect.   Clicking over to the webpage of one of the partners in the study, statistician firm Bryson Purdon Social Research,  we find their list of current and past projects shows that they are regularly hired by legislators.   The acknowledgments page of the study gushes about the extensive contributions of the family law lobbying association in the UK called Resolution, several members of which served as advisors and “recruited interviewees”.

It would have been great to compare the list of officers and trustees of the Nuffield Foundation with those of Resolution, but unfortunately, the latter was unavailable to non-members.   We have already mentioned the study director’s extensive ties to family law.    As a touching finish, we read this dedication:  “This report is dedicated to the memory of Sir Nicholas Wall, a former President of the Family Division (of the Judiciary) and an advocate of divorce law reform.

Rationale for disregarding overwhelmingly negative public     input
On page 16 of the study, we read the following (bold emphasis added by SIFC):

“In our national opinion survey, 71% thought that fault should remain part of the law. However, the general public are unlikely to be aware that the current law does not in fact seek to make a definitive allocation of blame or of the very limited scrutiny that the court can undertake in practice.

( SIFC:  In other words, the ignorant peasantry simply “doesn’t understand” that the current statute is meant to preserve an appearance, and isn’t meant to foster the best family outcomes, renovate the system from the ground up so that the judiciary can manage its case load,  preserve fundamental rights of innocent family members or promote any meaningful changes in the existing power structures for the good of society as a whole.)

“Drawing on qualitative interviews with the parties, we drew a contrast between two different and mutually exclusive moralities in relation to divorce: a traditional one based on ideas about individual justice for the petitioner, and a responsibility morality based on the ‘good divorce’ where the focus is on harm-minimisation, especially in relation to children. The first emphasises the importance of a strict adherence to and finding of fault; the second would eliminate fault if possible.

“We also traced how adherents of both moralities experienced the divorce process. In general, the experience of both groups was largely negative, but for different reasons. For some embracing a justice morality, the pragmatic orientation of the justice system could be deeply frustrating, whilst for others the experience of fault turned out to be problematic due to the conflict and upset it generated. Those embracing a responsibility morality also found the experience difficult. Some were using fault pragmatically but found the process slow and painful; whilst some who were avoiding fault on principle found the long separation required to avoid fault very difficult in practical terms and also left them feeling they had lost control of private family decisions. A small number of interviewees a dopting the justice morality wanted the role of fault to be strengthened, but for most the removal of fault was strongly preferred.

(   SIFC :  The removal of fault may have been “preferred” for Resolution’s hand-picked interviewees for the study, but this was certainly not born out in Commons’ vetting effort with the general public, which showed an even stronger result at 83% than the still-overwhelming 71% found in the study.   We should also note that the last statement directly contradicts the beginning statement in this quote:  so, which is it, Resolution?)

Why is increasing the role of fault important to this “small number of interviewees”?   Dr. Stephen Baskerville, Professor of Government and Public Policy at Patrick Henry College, and author of two enormously important books,  “Taken into Custody” (2007) and “The New Politics of Sex: The Sexual Revolution, Civil Liberties, and the Growth of Governmental Power” (2017) travels all over Europe explaining this very eloquently…

Dr. Baskerville (~ 2 minutes):  “Nobody’s claiming we have to force somebody to live in a house with somebody they don’t want to live with.   The question is…who bears the consequences?  It’s a legal contract, or it should be, and if one walks away from it, what are the consequences?   Who gets the house?   Who gets the children or property and so forth ? Under what circumstances does the state have the role to come in and start allocating things?   So fine, if someone wants to leave a marriage then I think we have no choice but to allow them to do that.   But that’s not what we’re talking about here in the divorce machinery is positive state action against the other spouse.   Why should that spouse who wants to leave the marriage without legal grounds…

(   SIFCexcluding purely subjective legal grounds not based in any provable offense against the marriage or family members)

“… shouldn’t he or she leave with just the clothes on their backs, what they can get in a suitcase, and nothing else?    Do they have the right to take the children, take the house, take the property with them when they leave?    And this, of course, is where the state has to step in and say…has to allocate fault. They have to say where justice and injustice is.”

We provide this additional brief link to another key segment of the February, 2019 interview with Dr. Baskerville, for important further context.   The study respondents in favor of increasing the role of fault know that the true best moral interest of the children and the only avenue to actual, objective justice, upon which a sustainable society depends, absolutely requires the application of fault, at least with respect to the effects of the divorce.    The real barrier to this policy alternative, of course, is the hoped-for business model of the family law special interests, including the sponsors and designers of this “research study”.

Quoting the “Equality Statement” within David Gauke’s report,

“The aim of the policy is to reduce conflict between couples involved in divorce, dissolution and legal separation. The policy objectives are in line with wider strategic objectives to deliver a modern courts and justice system, including to provide a fair and effective justice system which supports better outcomes for children and families.

“The objectives are:

• To ensure that the decision to divorce or dissolve a civil partnership continues to be a considered one

• To minimise the adversarial nature of the legal process, to reduce conflict and to support better outcomes by maximising the opportunity for the parties to agree arrangements for the future

• To make the legal process fair, transparent, and easier to navigate

• To reduce the opportunities for an abuser to misuse the legal process to perpetrate further abuse”

These are purely ideological statements, with an undertone of making the law as LGBTQ-friendly as possible (code word: “Equality”).    We point out that if a justice system which supports better outcomes for children and families were really the objective, then the research study would have been designed accordingly around family structure outcomes, and Dr. Regnerus’ rigorous 2012 NFSS study would have been invaluable support in reaching that outcome.

Because the April, 2019 position paper by Lord Chancellor David Gauke brings no other independent evidence to bear other than this heavily-biased and less-than-arm’s-length “research” (extensively requoted verbatim in the final recommendations, including the incomplete set of policy alternatives)– and the public citizen input has been patently ignored and discounted,  “standerinfamilycourt” rests our case against the validity of “support” for this legislation here, rather than picking apart the legislative conclusions point-by-point (which was nevertheless tempting!)

www.standerinfamilycourt.com

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

 

 

 

 

 

 

 

Deja-Vu All Over Again: The “No-Fault” Elite Legal and Media Scam Job in the UK

The Stats & Facts Of Divorce In The UK


by Standerinfamilycourt

And He said to them, Whoever divorces his wife and marries another woman commits adultery against her; and if she herself divorces her husband and marries another man, she is committing adultery.”
– Mark 10:11-12

This blog post has been in-progress for the better part of a year now.  In a way, there’s both good and bad in that happenstance.    On the “good” side, the British “wheels of progress” have ground very slowly –  God be praised!    On the bad side,  we’ve witnessed an adulterous royal “wedding” (to which the U.S. sent its second most godless Anglican clergyman to take part in the nuptials), and….the echo chamber of the UK media has had little pushback as they trot out the same unsupportable arguments that have long been discredited and overwhelmingly disproven by the five decades of ruinous track record for unilateral “no-fault” divorce in the U.S.
A hopelessly flawed official report (“study” result) was published in the House of Commons in October, 2018 with enactment recommendations.    Part 2 of this post will break down that “study” for our readers, in detail.

Since last spring, “standerinfamilycourt” has been reading an avalanche of articles that look and sound like they have literally been plucked from a dusty 1969 box, and retyped to add the requisite “u’s” and replace the “z’s” with “s’s”.      Those articles were “snake oil” back then, when U.S. church and government leaders were shamefully duped by the latent cultural Marxism taking dead aim at the U.S.  Bill of Rights, and they’re still “snake oil” in their recycled state as they’re being dusted off (again) in London.

Where is the voice of British church leadership (Anglican, Catholic, Methodist, Baptist) in defending the biblical Matthew 19:4-6 family?  (Indeed, it appears that the Queen’s counterpart to the U.S. Attorney General are aggressively pushing this deeply flawed policy legislation which 20 years ago failed its pilot testing in the UK and was scrapped).

Where is the mention of the sad fact that enactment of unilateral “no-fault” divorce laws has caused U.S. church doctrine to decay and church morality to utterly disintegrate?

Where is the mention that enactment of forced, “no-blame” divorce has rendered most U.S. states unable to balance their budgets?

Where is the disclosure that many of the states depend on Federal funds derived from taking children away from their fit parents and trafficking them to foster homes to narrow their deficit gaps?

Where’s the mention of the direct impact this regime has had on the willingness of U.S. young people to ever marry at all, rather than cohabit (and thereby keep the reckless totalitarian government out of their homes altogether), and the concupiscent  attorneys out of their pockets?

Where is the mention that enactment of these statutes has literally ballooned the size of state and Federal government in the U.S.?

Where is the mention of all the constitutional challenges being renewed by citizens in numerous states to try to overturn the various U.S. state laws and vindicate their violated fundamental rights?

Where is the mention of all the U.S. constitutional attorneys who have testified before state legislatures that they believe the U.S. unilateral “no-fault” divorce laws violate the Respondent’s fundamental constitutional rights in numerous ways?

Indeed, where is the mention of the mounting traffic in repeal and reform measures being filed each year in the various U.S. state legislatures because the system is failing?

The chief argument that seems to be carrying the day in the UK (according to the media and the official Parliamentary report) is the utterly bizarre notion that forcibly shredding someone’s family and destroying their generations, robbing their family’s hard-earned wealth and materially compromising most family members’ futures will somehow “reduce conflict”.      Hello?

Another key U.S. reality that goes unmentioned in the UK (one-sided) debate:    the bulk of attorney fees in the United States’ $100 billion-a-year “family law” industrial complex come not from the divorce itself, but from years and years of subsequent legal conflict between family members for so long as the children remain minors.  
Fifty years of U.S. experience have exposed this spurious “reduced acrimony” argument as completely untrue,  so it’s beyond ridiculous that in a day and age of worldwide instant media access, elite special interests are pulling this over on the British public!   If only the BBC would dare to air the U.S. documentary  DivorceCorp,  and give the railroaded British citizens a truthful look at their future under this “reform”.

And, oh, the shrieking, howling headlines from “across the pond” last year when Mrs. Owens (who most likely was recruited by the greedy elite special interests for the rarity and emotional pull of her case) lost her high court challenge by unanimous decision and was forced to wait one more year to immorally abandon her elderly husband while taking spoils.
The courts can’t make Tini Owens love her husband!” whined Suzanne Moore at The Guardian.
“Nobody’s fault but the law”  echoed her Guardian colleague, Owen Bowcott.
“Tini Owens is locked into an unhappy marriage – this is why we need ‘no fault’ divorce”  (Guardian, again – Laura Barton).
Tini Owens forced to stay married…”  howled the UK Daily Mail.

“Barbaric!” they all hissed.    Several of us would argue that what’s really barbaric is what the U.S. has been saddled with for decades, which was the literal incubator that has since led to a veritable Pandora’s Box of ever-worsening religious freedom and parental rights violationsfor both intact and government-shattered families.

Not one of these liberal “rags” showed the least bit of concern or compassion for Tini’s grieving family members – the ones with the clean hands!    How outrageous of every one of them to demonize this faithful and gracious husband who has every right and responsibility before God to keep his family whole.

The real fault in the Tini Owens case, contrary to the media hype and thick emotional huckstering, is that existing UK law still allows for an entirely unilateral divorce to be had by the offending party after 5 years of self-imposed non-cohabitation, and probably allows an abandoner to also take half of the family assets, which in the case of the Owenses, was considerable:

“They built up a hugely successful £5million-a-year mushroom growing business and amassed four ‘nice houses’, including a stunning £630,000 Cotswolds farmhouse, where the family lived, and holiday homes in Wales and France.”   –  Daily Mail, July, 2018

Much hand-wringing ensued the refusal of the appeals courts to hear the case, rather than state the obvious:  Ms. Owens had separated from Mr. Owens in 2015, and according to one media source, had been in an adulterous relationship from 2012, so Mr. Owens could have filed a fault-based petition against her in due time much shorter than 5 years, but apparently feared God and had compassion for his wife.     The reality is that the UK government did not owe Mrs. Owens a financial reward for selfishly breaking up her 40-year marriage and leaving her blameless husband four years ago.  It is against sound public policy, indeed, for them to do so.

Three things tend to be a commonality with elite social engineering, as we’ve painfully learned here in the “colonies”:  emotional pitches run absolutely amok in the media, the laser-like focus always locks onto the most extreme outlier case that could possibly be dredged up, as if this rare case was going to bind and ruin the whole nation, and lastly, there is a conspicuous absence of grassroots demand for the “urgent” change outside of commercially-paid and sponsored “surveys”.

As was the case in the U.S., and continues to be, there are a few quality voices speaking out against this poorly-justified piece of legislation,  including Thomas Pascoe, campaign director at Coalition for Marriage, who recently said in an interview,  “We already have no-fault divorce, but it takes between two years when both parties agree and five when they do not. This standstill period recognises the gravity of divorce. It allows both parties time to try and save the marriage and allows both time to make reasonable adjustments to their lives where no agreement can be found.”

Similarly, Colin Hart of the Christian Institute points out the resoundingly obvious truth that “no-blame” actually constitutes no justice.

Finally, in the House of Commons briefing paper,  Sir Edward Leigh (Conservative)  was quoted as having pointed to evidence from other countries which, he said, showed the wider consequences such legislation might have.  ” Sir Edward then set out other potential impacts of family breakdown, drawing on evidence from a study in the US which argued that 75% of low-income divorced women with children had not been poor when they were married, but Douglas Allen also points out in the Harvard Journal of Law & Public Policy that “the real negative impact of the no-fault divorce regime was on children, and increasing the divorce rate meant increasing numbers of disadvantaged children.”   In the UK, Sir Edward continued, a 2009 review by the then Department for Children, Schools, and Families had found that a child not growing up in a two-parent family household was more likely to experience a number of problems which he detailed. He also spoke of other research on the effects of family breakdown. Sir Edward considered that the potential adverse consequences of no-fault divorce should rule out its introduction.”    (Sir Edward was on the right track, but still didn’t have the gist or full evidence of what this kind of legislation has done in the U.S. after the divorce, nor that it has been the least bit successful in curbing “conflict” – a function of disingenuous problem definition by the majority.)

Sadly, none of these voices are availing themselves of the abundance of available, documented evidence that these policies have horribly failed in country after country around the world.  History is eerily repeating itself fifty years later, with no lessons learned.  As was true in the 1960’s, female attorneys have been conspiring this con job, and gaining the blind support of the elites.    According to the president of the UK Supreme Court, Baroness Hale, the majority of “solicitors” (practicing attorneys) in the UK are women.    She has been advocating for unilateral, forced divorce since the early 1990’s, as had the feminist U.S.  womens’ bar groups.  Lady Hale asserts in 2016, more than half of all divorce petitions were submitted on the basis of adultery or “unreasonable behavior” (a.k.a. “emotional abuse”, in U.S. legalspeak).    We actually need to be honest about the fact that the main driver of divorce is, and always has been adultery (and the desire to legitimize adulterous relationships).   Civilized, sustainable societies don’t incentivize adultery.    The objective of these feminists has always been to remove the father from the family (forcibly, if necessary) so that he won’t be in a position to obstruct further social engineering.

These special interests allege that the (existing) law forces separating couples to “make more aggressive allegations against one another”  in order to secure a divorce, verbatim the overblown 1969 argument in the U.S. , as if sweeping excrement under an “irreconcilable differences” rug, will take away the stench.   On our side of the pond, we know that all this philosophy has accomplished is train our society to lie in ever-broader ways and blame others for our own self-indulgences.


This cartoon points out the U.S. situation where the very same lobbying professionals who were falsely asserting that unilateral divorce-on-demand would “reduce acrimony” –  rather than merely postpone it, were actually about to start ramping up their profits by egging the acrimony on during the proceedings and long afterward – to the point of having non-custodial parents jailed and worse.

In the UK, it’s objectively true that such “aggressive” allegations must be made to shorten the waiting period from 5 years to 2 years under current law, while in the U.S. prior to 1970, only one state allowed a couple to mutually agree to end their marriage, while the UK does not allow for mutual consent divorces either, according to the government discussion paper(a fact that conveniently escapes the “problem” definition in the House of Commons analysis – for which there is, in fact, a commercial reason that goes undiscussed).    Both were unstable situations, however, must the UK repeat the U.S. constitutional travesty of killing a gnat with a sledge hammer and reaping the harsh societal consequences?   What would be wrong with instead implementing a mutual consent joint petition, with perhaps a 180 day waiting period?  Why not retain fault-based grounds where there’s no consent, but eliminate the waiting period altogether if the charges are proven?   As Thomas Pascoe pointed out, no alternative models were adequately considered, which strongly implies that a prescribed “solution” was looking for a “problem”, rather than the other way around.

No-fault divorce was reportedly first introduced by the Family Law Act 1996, but its provisions were later deemed “unworkable” after a pilot attempt and it was repealed.  It has been widely supported by prominent members of the judiciary, lawyers and relationship charities  (in other words, the elite, and not broad citizenship demands. )  Quoting a 2001 article in the Daily Mail about the repeal,

“The admission came as Lord Chancellor Lord Irvine at last killed off Part Two of the Family Law Act, which would have allowed a husband or wife to ditch their spouse in 12 months without ever having to bear blame or answer for their behaviour.

“Opponents of the law brought in nearly five years ago by John Major’s Tory government, and enthusiastically backed by Labour, insisted no-fault divorce would increase break-ups rather than help families.

“Lord Irvine has now acknowledged that the opponents of the system were right and the law would be repealed.”

So, what has changed, UK?
Between that previous attempt to move toward forced-divorce-on-demand and the current campaign,  the Anglican Church liberalized its doctrine in 2002 to promote “remarriages” that Jesus consistently called adulterous, effectively clearing away any temporal reasons for meaningful opposition from the country’s largest and its state church.

Writes a friend of “standerinfamilycourt” who lives in Cornwall,

“It’s been handed over to the Crown prosecution who believe it’s the only way forward now for the Government to pass , So sad

“I spoke to my MP Derek Thomas Conservative MP for St Ives Cornwall, knew him before he was an MP but when I talked to him about divorce and remarriage his face went blank, end of conversation.  I will have to write or email him a letter,  we are going down the pan quickly here in the UK Brexit abortion now this,  yes sad to say the big wigs here follow the States, money to be made let’s go go go.”

www.standerinfamilycourt.com

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