Category Archives: Equal Protection

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

https://cordellcordell.co.uk/news/divorce_in_the_uk_stats_and_facts/
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!

 

 

One of the Worst Downstream Effects of State-Imposed Divorce

by Standerinfamilycourt

 

The only silver lining in this sorry episode, where Arizona CPS engaged a SWAT team to kick down a family’s door over a reported disagreement with their child’s doctor, is that mainstream media (ABC,  in this stance) chose to cover it, probably not understanding the glaring conservative implications, or that anyone “out there” would connect the dots…many dots.     Nobody, however, who’s ever sat unwillingly in a “family court”, and experienced the horror of having a CPS, DCS, DFS (etc.) surgically-appended to their family life as a lasting consequence… can fail to connect those dots.    Or grieve, as they watch our society literally disintegrating before their own eyes.

Why WAS the SWAT team utilized against an intact family with several children in the house, anyway?    Could it be because societal decay causes such a large swath of our society to believe they must keep guns in the house?    Could it be because the legal environment which makes a civil marriage certificate one of the most financially and emotionally dangerous documents a young couple could possibly obtain, means a presumption that the parents are less sovereign over their children because they’ve forgone marriage as the basis for their family structure?   Or is it simply the profit motive…augmenting and protecting “state inventory” in order narrow an unbalanceable state fiscal budget by accessing Federal Title IV-D funds from a more central government (where widening national debt and fiscal deficits  is more politically viable)?

Back in the better days of our U.S. Supreme Court, parental sovereignty was an immovable staple of our jurisprudence, even in cases where parental merit was questionable at best.    Today, with 9,000+ cases submitted annually to SCOTUS, and perhaps one-third to half that number submitted to each of the state supreme courts in the course of a year, parental rights have virtually disintegrated with the practical reality that access to the benefit of those  prior court precedents protecting parental sovereignty is no longer meaningfully available to most parents.   Only the first appellate level in each state is actually required by law to hear a given case, and the system grants immunities to officials who abuse their posts to persecute or loot families…official (including judicial) immunities that must be overcome in the very courts that have grown increasingly inaccessible to most.    Sometimes a gun in the house makes all the sense in the world, at this point in a society’s disintegration over the growing unreliability of the rule of law.

So, the remedy (says the local legislator and the media mouthpiece) is to pass legislation to require a warrant before family doors are kicked down and the gendarmerie goes in blasting.    (What?  You mean, like, actually enforce the 4th Amendment?)  Tell that to the Ohio family whose teenager was confiscated because the state deemed it to be “abusive” that they were denying transgender treatments to their own child.     No, the remedy, America, is to take the nearest exit ramp off the socialism interstate, and repeal unilateral “no-fault” divorce laws that have for five decades undermined the social and moral structure of this dying republic.

We must not confuse band-aids with eradicating surgery.  Since when have we needed additional laws to deliver a fundamental Bill of Rights protection?    The answer is clear:  we “need” the additional laws because the rule-of-law has broken down due to deep-seated sustainability issues.

And, oh is the way back going to be slow and painful!    Multi-generational painful.   Parental ability and judgment has been compromised, on a macro level, by this third-generation family-shredding regime.   Enactment of divorce-on-demand and (especially) its accompanying ban on consideration of marital fault in apportioning the consequences of forced family-shredding has literally institutionalized breaches of the 7th, 8th, 9th and 10th commandments into our legislative and judicial systems, while the perverse financial incentives to look the other way have spread woefully to our nation’s churches.   Nearly every state legislature in the union has various types of weapon-carry bills before it right now, either to preempt the reactionary gun-control symptoms of school and other mass shootings attributable to societal decay, or to combat the reduced security of our homes and venturings-out, in general.

Even under color of (man’s) law….

You shall not covet your neighbor’s house; you shall not covet your neighbor’s wife or his male servant or his female servant or his ox or his donkey or anything that belongs to your neighbor.”   – Exodus 20:17

www.standerinfamilycourt.com

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

Who’s John Gentry, and What’s He Up To? Why?…And Will He Succeed?


by Standerinfamilycourt

In those days there was no king in Israel; everyone did what was right in his own eyes.    –  Judges 21:25

What happens when a Marine returns to civilian life, becomes a Certified Public Accountant and uses his professional training in an all-out battle to restore the very principles he served overseas to defend?  Hopefully, a lot!   What follows is a Tennessee tale, that is equally true in virtually all other U.S. states.

John Gentry is a familiar and influential voice at parents’ rights rallies, where justified protests take place over the Federal Title IV-D program which effectively separates parents from their children for the corrupt profit of the state, enabled by widespread judicial corruption and lack of independent  oversight.   Survivors of the “family court” system almost need no further explanation of what’s going on.    They know.

( SIFC:  John graciously reviewed this article and provided input, which will be inserted below.)

In this 2017 video, Gentry speaks of the mysterious and questionable deaths in 2010 of a former lady state senator from Georgia and her husband.   Nancy Schafer had been a leader in the late Phyliss Schlafly’s  Eagle Forum, and had been campaigning against the child-trafficking abuses facilitated by Title IV-D funds, which she says in a 2009 radio interview had caused her to lose her seat in the Georgia Senate.    The deaths were officially ruled a murder-suicide, but many doubt the truth of that, due to the death threats Mrs. Schafer had been receiving because of her efforts and high profile exposure of corruption.

(For a shorter version of a similar speech, click here. )

Mr. Gentry, however, is not actually himself an aggrieved parent.    The public record reflects that he married a business owner in 2009, and that she filed a unilateral “no-fault” divorce petition against him in 2014, which he tells us he supported.    Both were middle-aged at the time of the marriage, and they were childless.    The court records reflect that he spent considerable time in court fighting the settlement provisions of the divorce and then appealing them, but on only various technical complaints, rather than bringing a constitutional challenge of the statute itself.

So what caused him to become so passionately involved in doing battle with CPS-sponsored child trafficking for Federal funds, and with exposing the judicial corruption that enables it ?     That’s not entirely clear from any of the available sources, but “standerinfamilycourt” can relate.  Though personally blessed to be able to raise two children to adulthood in an intact marriage that thrived for most of their years growing up,  SIFC sat many days in the courtroom and watched judges ride roughshod over many young fathers, denying them their God-assigned responsibility of ensuring the safety of their own children after wayward wives had unilaterally divorced them and moved in with someone else.    John is gracious not to speak of his estranged wife at all in speeches and interviews, but it seems clear that in all of his pro-se legal filings (of varying effectiveness, over process in his own divorce case),  he joins the rest of us in being appalled that a state law can unilaterally deprive one of the parties of their due process protections.     But….when we see someone else’s children suffering or being legally abused and endangered because of it, soon enough our own battle wounds are subordinated and we take up the even worse offense suffered by those unfortunate families.    CPA’s comply with a strong professional ethics code, and are subject to reliable censure for acts reflecting poorly on the profession, so to see the legal community flouting their standards of professional ethics and getting away with it, is certainly a strong motive for action (to which SIFC can also directly relate.)   These two professions have very significant overlaps.

Yet, John does not appear to be an overt champion of repealing unilateral “no-fault” grounds for divorce, per se.    He seems to strictly focus on reforming judicial accountability and oversight processes, the widespread lack of which greatly exacerbates the evil effects from 49 states maintaining a profoundly unconstitutional “family law” statute on the books.   His main personal beef with the family court system seems to be mostly property-related, believing (according to the Tennessee lower court description) that he was entitled to a share in the business his wife founded before they married.

( SIFC: John’s additional input…
“Although I transformed my ex wife failing business into a successful and internationally recognized brand (subsequently closed due to my ex-wife’s inability to operate a business), my “beef” was intellectual property I created, a patent pending product with international distribution, worth millions, was valued by corrupt court as zero and distributed 100% to my ex wife.  That product too failed under her care.  Very sad.  Even with that, I don’t care about the property.  My “beef” is about the criminal conduct of all the judges and attorneys (including my own attorneys).  Severe deprivation of due process and equal protection.”

Fair enough, since something has to create “standing” to bring access to the courts of appeal.   It is rather typical for family courts to automatically deem the “no-fault” Petitioner to be “more credible” than any Respondent who contests any part of the proceedings, and proceed to extract whatever financial penalty is circumstantially available, to teach others a lesson about challenging judicial authority or this state statute.   Gentry says in a recent (2019) interview that he has two certiorari requests before the U.S. Supreme Court.    The only such request brief (2018)  that “standerinfamilycourt” was able to read does not seem to raise a specific, actionable constitutional challenge, nor ask the Court to consider any specific legal questions.

Mr. Gentry has, however (so far, unsuccessfully) attempted, under 42 U.S.C.  Section 1983, to sue the trial court judge who granted his wife’s civil dissolution petition, hoping in Federal court to pierce though the immunity shield which insulates state judges from liability for actions that are within their subject matter jurisdiction.    The public record does not provide the details of whether he based any of his pleadings on an Article 3 separation-of-powers argument, but the state appeals ruling does not reflect that he made such an argument during the trial, nor acted to reserve his right to appeal on this constitutional basis.    These constitutional matters generally need to be raised way back at the petition response phase of the initial grounds trial to be deemed to have any standing for appeal (at least, based on SIFC’s personal experience), based on court operating rules and precedents.

Having apparently lost or been denied a hearing in 2017 in the U.S. Sixth Circuit, he has successfully attempted to get his case docketed at the U.S. Supreme Court in 2018, but it remains to be seen whether it will ever be heard.   In this instance, the briefs Gentry submitted in early 2018 for his request for certiorari are publicly available.    He requested all eight (at the time) sitting Justices to “recuse themselves”  on his theory that they would each have generalized “probable bias”, which he listed in his brief as the “standard of review”.    Presumably, he has argued this at each level of the appeals process.   SIFC does not really see an effective, specific pleading with respect to Article 3 in that document, nor for that matter any immediately actionable request for relief from the court for which he would be deemed to have standing.    It could be argued quite reasonably that the best (and perhaps only) way for all of the sitting justices to “recuse themselves” is to simply deny certiorari, and move on to the remaining 8,999+ submissions.    The other filed document is a brief request to have filing fees for his “cert” petition waived based on Gentry’s veteran status and service to our country.  The record reflects that this was denied him.

( SIFC: John’s additional input…
“In the Supreme Court of the United States, the clerk’s office concealed 14 of 17 appendixes that evidenced impeachable conduct of magistrates and judges in the district court and sixth circuit.  The impeachable conduct of the federal judges occurred to protect the criminal conduct of the state court judge and attorneys.”

The main point of interest in reading through Gentry’s case and appeal briefs, for those of us hoping to re-route a series of effective constitutional appeals of various state unilateral “no-fault” divorce laws through the Federal courts based on 42 U.S.C.  Section 1983, and based on a specific legal question concerning separation-of-powers, is whether what Gentry argued is closely related to what the divorce appeal cases will be arguing.   It does not appear that the pleadings will be even remotely similar.

Family law reform activist Jeff Morgan sat down last month and videotaped an interview series with Mr. Gentry in Tennessee concerning his remonstrance efforts before the Tennessee legislature.    This particular area of endeavor may hold the more fruitful potential for needed family law reforms vis-à-vis his SCOTUS filings, at least with regard to doing something about the judicial corruption aspect.    Those interviews with Jeff are very articulate and credible, with a good grasp on history and original founding documents.    The aim of the petition of Gentry’s remonstrance is to goad our legislators to stop shirking their constitutional responsibility to oversee the conduct and ethics (including violation of required separation-of-powers) of the judiciary.     It should be pointedly noted, however, that in the case of “adjudicating” unilateral “no-fault” divorce laws, there is no actual provable offense, no lawful cause-of-action, and no constitutionally legitimate judicial role — the bottom line is that the statutes themselves violate the separation of powers in Article 3 of the U.S. Constitution (and the counterpart clauses in all of the state constitutions).    In this case, there are both legislative and judicial foxes guarding the chicken coop!    Gentry, however, does not seem to be focused on this, because his primary concern is with property and parental rights symptoms of the root problem.    There really are too many potent disincentives to better behavior by the judiciary until the root cancer is excised, either by SCOTUS or by legislative repeal of faultless unilateral grounds and repeal of faultless criteria for the property and parental effects of civil “dissolution” .

 

Gentry’s petition of remonstrance was predictably rebuffed when he brought it in January of this year before the Tennessee legislature.   The clerk of the Senate claimed that only sitting legislators could legally bring such a petition, and accused Gentry of misusing the process, according to a January 27 story by Dave Tullis of 92.7 Nooga Radio:  In the missive below, Mr. Stevens calls the Gentry remonstrance illegal, ludicrous. ‘If it were heard, it would set an evil precedent. All manner of other people would stream before the general assembly and take up all of its time with their grievances, he says. No, it is not the purpose of the general assembly to hear grievances. It is the purpose of the general assembly to write laws.’ …That is essentially is his [Sen. Stephens’] argument. His fear of Mr. Gentry’s making personal argument before senate and house is that it will open the gates for an outpouring of public sentiment against the political machinery that he represents.”

Gee, that’s really rough, Sen. Stephens!    We can’t have the chickens coming home to roost after decades of legislators and judges taking wholesale advantage of the citizens, for crying out loud!

Senator Stephens’ (who practices estate and geriatric law when the legislature is not in session) official January 25 response:

“While I appreciate the effort you have obviously put forward in this endeavor, you have grossly misunderstood the historical and practical implications of remonstrance. Further, you have misread our rules and constitution.  You have no constitutional right to present to the general assembly your remonstrance…

(   SIFC:   Au Contraire:  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”– 1st Amendment, U.S. Constitution

“Section 23. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address of remonstrance. ”
–  Article 1, Constitution of the State of Tennessee    

Earnestly hoping Mr. Gentry has randomly appeared at the state capital without having bothered to read either founding document,  Mr. Stephens continues….. )

” Our rules apply to the members of the general assembly.

James Madison’s famous memorial and remonstrance regarding religious liberty was presented to the Virginia assembly as a MEMBER of the assembly. Although you appear to have read our rules, you have ignored Rule 9 – No one may address the speaker except a member of the senate, and Rule 11, which directs members to only direct their comments to the Speaker.

(   SIFC:   To carefully preserve the highly-lucrative power stranglehold that members of the bar have carefully nurtured over at least two (arguably, all three) branches of government over the course of the last several decades, their promulgation of “operating rules” haven’t hesitated to trounce on the fundamental rights of ordinary citizens, and do furtive end-runs around these constitutional provisions.    This is equally true of court “operating rules” and of legislative chamber rules.    Most ordinary citizens aren’t taught about these, even if they’re fortunate enough to have had a good civics class in school, don’t even know that they exist or that many have corrupt purposes, and with the accountability structures also incapacitated by pervasive collusion, this is a very effective means of ensuring that the peasantry may not avail themselves of their fundamental rights unless they are unusually persistent for peasants.    Indeed, “standerinfamilycourt”,  being very well-educated, otherwise, with a closely-related professional certification, a masters’ degree, considerable business and regulatory law experience, got a first taste of “court rules” as a result of witness stand mode of testimony being repeatedly interrupted and rebuked as “unacceptable” by the family court judge.    With all due respect, Senator, legislative rules don’t apply to Mr. Gentry, so your point about “rules” is irrelevant.   In fact, your “schooling” of Mr. Gentry conveniently ignores the citizen remonstrances that have occurred in other states, made to the legislature, and not through a representative.)

“To think otherwise is absurd. The citizens of Tennessee, nor any republic, would not stand for the expenditure of their resources by their elected representatives if our legislative attention was diverted from legislative deliberation to, instead, sitting through the presentation of such remonstrances by individual citizens.

There could be hundreds if not thousands filed. It is absolutely ludicrous to even consider that the drafters of our constitution, let alone the citizens who approved its adoption, would spend the time to create a system of representative government only to completely eviscerate its operation through some supposed right of remonstrance which included the right of a citizen or citizens to commandeer its members of the general assembly for the reading of the entire remonstrance by the chief clerk or to even require said “petitioner” to gain the undivided attention of all 132 members at the same time or of each individual body at the same time.

“The citizens of Tennessee have the right guaranteed in Art. I, Section 23, to express their opposition or support of proposed legislative action, government conduct or policy.   

“Like all rights, it is not without limitation. The limitation is the procedure for such an “address of remonstrance.” I am unaware of any procedure in law or in our rules that allow a citizen to file a remonstrance, beyond that in T.C.A. 69-5-922.   

“Such procedures have been established through the adoption of the rules of the house and senate, respectively. The rules apply to the members. The rules provide for presentation of resolutions, petitions and memorials by members of the general assembly and do not address in any way remonstrances.

“I do not have a copy of Mason’s with me in my district office so I do not know if they address the filing of remonstrances. In any event, any member of the general assembly can file a resolution, petition or memorial which would then proceed through the normal legislative process.  I suggest contacting your representative and senator and have your remonstrance presented in the form of a resolution or petition.” [End of Stevens letter]

So, where has Gentry’s effort gone since January?    This, too, is very telling of the long journey involved, even when the petitioner is legally correct, and the objecting solons blowing nothing but smoke.  David Tullis followed up with another article on March 9,  “Senate clerk mum as blocks bid to impeach crooked judges”…

Whispers about a remonstrance project swirl this week in Nashville as the senate clerk refuses to answer press questions about his rejection of senate rules and a TV station airs a salacious story about Tennessee judges whoring and toking in the tropics.

“Senate clerk Russell Humphrey ignores repeated efforts to interview him about his refusal to give senators copies of the petition for remonstrance on judicial misfeasance and his ignoring senate rules requiring remonstrances to be read to the entire body…Nanette Mitchell, journal clerk for the senate, in two phone calls says she will take a message requesting an interview about the remonstrance to Mr. Humphrey. She says he is not available. Mr. Humphrey makes no return call to tell his side of the story… 

“Nashville TV station WSMV TV4 obtained travel records from the government of Costa Rica showing that legal personalities in Davidson County visited that country at the same time as did a corrupt judge, Casey Moreland of sessions court.

“The vacationing was highlighted by prostitutes and narcotics, the report says. “According to those documents, in 2013, General Sessions Judge Aaron Holt entered and left Costa Rica on the same dates as Moreland.” Lawyers and a Davidson County district attorney, Glenn Funk, also were in the country at the same time as Judge Moreland, who is under a prison sentence….”

Here is a link to a January 29 interview carried on Nooga Radio, where Gentry responded to these events over the air.
Apparently, even if all the members of the state senate were not distributed copies of the remonstrance document, Gentry gained the ear of his own state representative, and nevertheless wound up testifying before a committee at least twice in March and April, bringing his requests for mandatory drug testing of judges, for abolishment of the judicial conduct council (consisting of judges, not of legislators or their agents), and strengthened recusal rules for both legislators and judges.    Whether an independent development or in response to Gentry’s complaint, the legislature considered a measure to rename and reorganize the judicial body to oversee judicial conduct, while (naturally) still leaving it unconstitutionally in the hands of judges, rather than bringing it directly back under the legislature (and mandated separation-of-powers), as the Constitution requires.   It also appears that the “window-dressing” exercise (HB0782/SB0722) might have been scrapped or slowed as a result of Gentry’s April 2 committee testimony.   It remains to be seen whether an authentic reform measure will replace it at some point.

(   SIFC: Jeff Morgan’s March, 2019 interviews on youtube with Gentry and (separately) with Tennessee attorney Connie Reguli, linked above, also shed considerable light on these subsequent events.)

All this said, Gentry  does a valuable service with his studies, of reminding all of  us where legislators are specifically violating their own ethics and conflict-of-interest rules (@ ~23 minutes) in the very process of legislating “family laws”, whereas in many states, family law attorneys with a direct pecuniary interest sit on the “family law” committees, and sometimes even chair them, or they are given (by legislative “rules”) what amounts to unilateral veto power over whether or not a committee-approved reform bill ever makes it to the floor for a vote, via routine scheduling.   To  borrow a football analogy, Gentry’s efforts constitute offensive blocking, but when it comes to comprehensive family law reform (a truly separate issue in its own right) so that state statutes comport with the Constitution, he must not be mistaken for the ball-carrier.

Gentry’s website provides detailed guidance and materials for this process of remonstrance, and petitioning for arms-length judicial oversight in any and all states, as he is currently  in the process of carrying out in Tennessee.   Remonstrance might possibly make the legislative process (to reform state family laws so that they no longer violate the Constitution, on numerous points) more fair in the future, by neutralizing the powerful conflicting interests, but the remonstrance process will not directly result in the needed separate reform of these separately unconstitutional statutes, whether in Tennessee this occurs by successful Federal court action on the basis of  (U.S.) Article 3 challenges of unilateral “no-fault” judicial actions, or it occurs by a successful legislative effort ahead of such a judgment.

Do not rob the poor because he is poor,
Or crush the afflicted at the gate;
 For the Lord will plead their case
And take the life of those who rob them.
– Proverbs 22: 22-23

www.standerinfamilycourt.com

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

 

 

 

 

 

Does Any State Have a Materially-Constitutional “No-Fault” Law? Yes, Surprisingly!

by Standerinfamilycourt

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!    –  Isaiah 5:20

What does a materially-constitutional “no-fault” divorce law look like?     Above all, for a unilateral divorce law to be constitutional, there must be no front-door (nor back-door) means to force a divorce on any unwilling spouse who has done nothing to seriously harm the marriage or family members: to the full extent that such harm is not objectively provable with hard evidence.    Beyond that, no spouse should be deprived of property,  parental rights, free association, free exercise of religious conscience, nor be subjected to arbitrary, vague charges that cannot be understood in advance sufficiently to avoid running afoul of them.    In other words, any law that removes these explicit fundamental Bill of Rights protections without regard to proof of marital fault, over which the defendant has had reasonable self-control, should be deemed unconstitutional on its face.

Additionally, notwithstanding abusive past judicial precedents such as Maynard v. Hill if the state law retroactively renders a contract unenforceable, this is a violation of Article 1 Section 10.    After 50 years of divorce-on-demand laws which changed the marital contract from enforceable to unenforceable in most states, this primarily impacts a dwindling number of marriages that were contracted prior to the mid-1970’s, since in virtually all states, licensed civil marriages undertaken after enactment of a state’s unilateral “no-fault” law are merely registered cohabitations, voidable at-will after a defined waiting or living-apart period.

Finally, there should be no violation of the separation-of-powers between the branches of government, as laid out in Articles 1 and 3 of the Constitution.    Most liberal, socialist schemes do indeed involve violation of the separation-of-powers between the legislative and judicial branches of government, or between the legislative and executive branches.     For example, when a Federal Judge or Justice proclaims a new fundamental right, such as “privacy” without undergoing the rigorous Congress-based, state ratification-based process of amending the Constitution, there has been a violation of separation-of-powers.    Hence, judicial precedents and subsequent legislation which rely on an alleged right to  “privacy” to legalize or expand abortion, overrule sodomy or adultery prohibitions, require state-paid contraception (and the like), would have been seen as constitutionally invalid by our nation’s founders.

Under this same principle,  a legislature may not pass a law that strips the judicial branch of its assigned powers under Article 3 (and its state constitution counterparts), by channeling matters through a court only for appearance sake, while reducing the role of the judges from discretionary to purely administrative.    Similarly, legislatures may not delegate powers reserved to them to another branch.    There used to be individual legislative divorces enacted as special laws in the legislature which fell into disfavor in case law.   Yet “no-fault” unilateral divorce laws are essentially legislative divorces in blanket form, with the states’ family courts administering them in a way that generally does not require judicial discretion.

When any state’s divorce statute eliminates objective fault-based grounds for divorce and declares that the court “shall” * grant a contested divorce upon administratively-valid petition, with no discretionary consideration of the facts in the case as they relate to allegations about undefined terms such as “irreconcilable differences” or “the best interest of the child / children / family”,  a violation of Article 3 has resulted.     Under this exacting standard, it is reasonable to argue that even mutually-consenting “no-fault” divorce is unconstitutional on these same separation-of-powers grounds, even though fundamental rights of neither spouse would be violated under a strictly consensual divorce law, whereas the fundamental rights of the children of the marriage, and the objective state interest in limiting the cost of services to families, might still be compromised.        (Hence, in this blog, use of the term “materially-constitutional” will refer to a state statute where the fundamental 1st and 14th Amendment rights of neither spouse is violated, and both spouses receive equal protection under the law, taken as a whole.)

* Existing Texas statute uses the term “may” instead of “shall”, but under the heavy-handed influence of the Texas Bar Association, their “family courts” consistently administer the law as though the judges have no independent discretion to deny unilateral divorce petitions.   Texas is presently considering HB922 and HB926 (formerly HB93 and HB65, respectively), which will remove non-consenting no-fault grounds, but leave all other divorce provisions except the very brief 60-day waiting period unchanged.   

Because of the high cost of serving (or mitigating societal ills from) broken families, a few states have experimented with opt-in “covenant marriage” laws (Arkansas, Arizona, and Louisiana) while maintaining all their regular divorce-on-demand machinery for those who don’t opt-in.  Since there are no 1st nor 14th Amendment protections for those who don’t opt-in at the time of the marriage, these states don’t qualify as having constitutional divorce statutes.    These states have extremely low rates of voluntary participation in these measures, and Arkansas in particular remains among the states with the highest divorce rates.

“Standerinfamilycourt” cannot possibly be familiar with key provisions of all of the various state divorce laws, though the “model” UMDA (Uniform Marriage and Divorce Act) provides a general roadmap,  and various state-by-state tables are available which capture the variations in how the “no-fault” model was enacted and / or implemented in any given state.     Not too long ago, a comrade in the effort to repeal unilateral grounds for divorce pointed out that there are two states,  Mississippi and South Dakota, with consent-only  “no-fault” grounds.    Knowing how deceptively the historical practices around “no-fault” laws have developed in the various states (sometimes, even despite well-meaning original statutes), and seeing the relative divorce rates in those states compared with other states,  SIFC was skeptical, and so, purposed to analyze both of these state statutes in detail to see to what extent this was likely to be true, as the laws were applied to real families.     Texas, for example, will not have eliminated forced divorce on “no-fault” grounds simply by passing HB922, because existing law will be unchanged in a crucial provision that allows either spouse to file (purportedly) fault-based grounds based on living apart for 3 years, even if the filing spouse has refused to live with the non-filing spouse (who did not consent to the separation and therefore was not actually responsible for the alleged fault).    Could there be a similar situation going on in Mississippi or South Dakota?

With somewhere between 75% and 80% of divorces nationwide opposed by one of the spouses, typically, a state’s divorce rate correlates with barriers to finalizing a divorce, such as the length of any waiting period or statutory living apart period required.    Yet, neither Mississippi nor South Dakota figure in the states with the lowest divorce rate — both states are pretty much “middle of the pack” in their rates of marriage “dissolution”.     Both states appear to have had their consent-based “no-fault” laws in place for a considerable length of time, not as a result of the sort of repeal that is being sought in Texas.    According to 2017 statistics from the American Community Survey,  South Dakota ranks 9th highest with a divorce rate of 13.59 per 1000 married couples of all ages.     Mississippi’s rate is somewhat lower, at around 12 per 1000 married couples, as compared to states with the highest rates at 17-19 per 1000, and states with the lowest rates at 5-7 per 1000 married couples.   If unilateral divorce is indeed restricted to fault-based grounds in these two states, why isn’t either state’s divorce rate in the lower ranges?

Why would South Dakota, for example, still rank only 33rd out of 50 states in protecting families, if unilateral “no-fault” divorce is restricted by statute ?    We’re about to find out.    Before looking at the state specifics, we need to reflect for a moment on the coercive power of the state bar associations in shielding the lucrative divorce trade, also in controlling all three branches of state government, and the degree to which the state budget benefits from Federal Title IV-D funds from court operating rules and from legislation that confiscates children from the families those courts have shredded.     Then we need to look at whether other provisions in the divorce law which deprive law-abiding citizens who want to keep their families together of their due process and fundamental rights are counterbalancing the consent-only provision.    There is also the religion factor, which layers over all of the other factors in law.   States with the lowest divorce rates (sadly) tend to have the smallest “conservative” Protestant and Jewish populations, and a typically-higher Catholic population.    Lastly, there is the dwindling marriage rate among younger citizens due to a law-driven deliberate preference for cohabitation, and ultimately causing the “per 1000 married couples” measures to disproportionately consist of divorced and remarried older citizens, especially in states where non-consensual “no-fault” grounds are the only grounds available.    The map below shows data for those age 30 and under, where Mississippi likely has a higher young marriage rate than South Dakota, and a bit higher consensual divorce rate in that young age bracket.

 

In a picture where there are many “moving parts”,  restricting to consent-only “no-fault” grounds most likely offsets other factors in keeping that state’s divorce rate lower than it would otherwise be, and improvements on other battle fronts (notably, the behavior and doctrine of the church) would catalyze with adopting a materially constitutional statute in lowering that state’s divorce rate.

Here is a summary table of the specifics of each state’s consent-only “no-fault” grounds, and surrounding statutes influencing the net degree of family protection.    Mississippi appears to have enacted its “no-fault” law in 1972, while South Dakota’s base “no-fault” law was enacted in 1976, and modified in 1985, possibly to add back the mutual consent feature.

Deep Dive – No Fault by Consent Only (version 1).xlsb

In this table (click on document to expand), red shading indicates provisions in the law defective enough to override all or most benefits from requiring mutual consent for “no-fault” divorce grounds such as “irreconcilable differences”.     Yellow shading indicates cautionary areas (“it depends”), and green shading indicates provisions that are materially consistent with Bill of Rights fundamental protections for the non-offending spouse and innocent family members.    Demonstrably, most of the green and none of the red is associated with key provisions in the Mississippi statute, making it the most protective toward rightful families, of all the family codes in the nation, whereas South Dakota has left a few “back doors” open, whereby a unilateral divorce may ultimately be obtained without an innocent spouse’s consent, if traditional back-up allegations are pursued to exploit longstanding vagueness of definitions in the statute, such as “mental cruelty”.

“standerinfamilycourt’s” Conclusions:  
Obviously we see the old adage, “the devil is in the details” when we take a close look at the consent-only “no-fault” divorce laws, with a critical eye to whether they nevertheless still effectively function as unilateral laws with delayed timing–by which people can still be manipulated by determined “family law” practitioners who, in the larger picture, continue to have an enormous financial conflict of interest with the true best interests of the family and the objective best interests of even the state.

South Dakota’s divorce statute is obviously better than that of 48 other U.S. states, but it still contains perverse financial incentives that boost the divorce industry at everyone else’s expense, and that encourage divorce coercion, because marital fault is not considered in either child custody (hence, still subjecting the citizens of the state to Title IV-D abuses) or in property division.   Additionally,  definitions of “abuse” as an alternative ground for divorce in the statute remain more vague than in Mississippi’s statute, which is a problem because “mental cruelty” has long been the next reliable “go-to” when other unilateral grounds are not available.    Finally, the provision for defaulted, implied consent in South Dakota creates a weaker law than in Mississippi, and opens the door for process service abuses, which is also a potential issue with Texas’ HB922, as currently drafted.

All things considered, Mississippi comes the closest of all 50 U.S. states to having a substantially constitutional “no-fault” divorce law that is only unilateral when it comes to fault-based grounds.     Among the best features of Mississippi’s statute:

->  No potential for abuse of a non-consenting spouse via default judgment provisions (rather than explicit appearance via joint petition, or service of process compliance).

->  60 day waiting period, even with written mutual consent.

->  Some consideration of marital fault in property division, if the consenting parties cannot agree, and the offended spouse would be at a disadvantage.

->  Strong consideration of marital fault in child custody decisions

->  Fairly explicit and actionable definition of physical and mental abuse, in terms of defining severity, extent, duration and other terms that in most states are vaguely defined by intention.    Limited “back door” available by resorting to cruelty allegations if “no-fault” fails to secure a “dissolution” decree.

– >The abandoner cannot allege “abandonment” nor “living apart” as back-door unilateral grounds, if unable to gain the non-offending spouse’s consent to the dissolution.

(Had the case against “SIFC”  been brought in Mississippi, instead of Illinois, it is highly doubtful the petitioner would have prevailed on any grounds.  Had the case been brought in South Dakota, the petitioner would likely have had to resort to false charges of “mental cruelty” in order to prevail, or there would have had to be a risky strategy of process service fraud leading to a default in-absentia judgment that could likely have been successfully challenged upon discovery.)

Why should it matter to take a deep look at what’s working in states like Mississippi, as we seek to repeal unilateral “no fault” grounds in additional states, such as Texas?    One big reason is to be prepared for the likely charge from the powerful “family law” lobby that these laws have not significantly reduced the divorce rate enough that the “threats” to women, gays, and abused spouses from repealing unilateral grounds for divorce is justified.    Looking at the above map, this will surely become a more prominent challenge if and when the movement begins to pick up steam–and purely emotional arguments can no longer carry the day, as they do today.    We need to be armed with facts that demonstrate exactly why having a constitutionally-defensible statute may not have had the impact we would hope for, especially as it relates to those “back doors” left open in some states.  The second reason is to clearly recognize and target other barriers to family preservation that lie outside the law — for example, immoral church practices, which might become more susceptible to reform under a tighter law.    The third reason is to gain important comfort that the state of Mississippi has managed to survive for 43 years, over the entire divorce-on-demand era, as the only state with a materially constitutional consensual-only “no-fault” law which powerful special interests have never succeeded in overturning in court based on “privacy” challenges.

Do nothing from selfishness or empty conceit, but with humility of mind regard one another as more important than yourselves; do not merely look out for your own personal interests, but also for the interests of others.   –  Philippians 2:3-4

www.standerinfamilycourt.com
7 Times Around the Jericho Wall |  Let’s Repeal Unilateral Divorce!

 

Was Maynard v Hill An Abusive SCOTUS Ruling? Is it Really Relevant Today?

by Standerinfamilycourt

So they are no longer two, but one flesh. What therefore God has joined together, let no [hu]man separate….Because of your hardness of heart Moses permitted you to divorce your wives; but from the beginning it has not been this way.    –  Matthew 19:6,8

And He said to them, “Whose likeness and inscription is this?” They said to Him, “Caesar’s.”   Then He said to them, “Then render to Caesar the things that are Caesar’s; and to God the things that are God’s.”
– Matthew 22: 20-22

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”
–  Declaration of Independence, 1776

This will be a long but important read.   Take it in manageable settings as necessary, but “standerinfamilycourt” worked hard to make the content very worthwhile to those who hope to see unilateral “no-fault” divorce abolished in our lifetime, and no longer a part of our grandchildren’s adult reality as citizens.    A special callout and thanks is in order to Matthew Johnston and Jeff Morgan for providing much of the expertise and content for this blog post.   My assessment, however, of these materials is independent, and these two gentlemen may not agree with “standerfamilycourt’s” take on every point discussed here.   I trust they will agree with much of it.

U.S. history is littered with ill-conceived and ideological Supreme Court decisions that have unjustly been applied for many decades afterward as controlling precedent, under the principle of stare decisis in a way that singles out entire groups of citizens for wholesale denial of their fundamental rights, often in defense of the Sexual Revolution.    Typically this happens because the original faulty decision itself denied due process to one of the parties.     The 1888 case, Maynard v. Hill, is in my view, one of those really bad decisions.   It  laid down two highly erroneous principles that eventually made the marriage contract unenforceable in the United States once the political climate ripened for toxic, Marxist legislation, in effect outlawing the permanent wedded union (as Jesus defined holy matrimony), almost a century before enactment of unilateral “no-fault” divorce laws in most U.S. states drove more nails into the marriage coffin.   Maynard v Hill is one of the key cases that has been relied upon by various state Supreme Courts to rebuff any and all 1st and 14th Amendment challenges to nonconsensual “no-fault” laws, as enacted since then.  This came despite the fact that many top constitutional attorneys today see these laws as unconstitutional in many different aspects.

First, this case unjustifiably removed the critical protection of Article 1 Section 10 of the U.S. Constitution from the marriage contract based on a very questionable rationale, to be discussed in depth below.

Next, this case asserted the superiority of the state’s claim of “publc policy” over the marriage relationship, above the private nature of the marriage contract between husband and wife, whereas any such claimed authority can only be traced back to a usurpation, from God’s perspective, by the 16th century Reformers who insisted that the state regulate holy matrimony.   This was authority that Christ told us God reserved to Himself, according to His law.   The state’s delegated role from the hand of God is to recognize and defend rightful marriages, not deign to create nor terminate them, according to Jesus’ pronouncement in Matthew 19:6 and 8.

Finally, the majority Justices upheld the actions of a territorial legislature (where there was not yet a state constitution), while operating under authority delegated to them by the U.S. Congress. This, while denying the accused, but possibly blameless, wife in another state her right to basic notice and procedural due process.   This legislature unilaterally divorced her from her husband in absentia, at his adulterous request which was not based on any legitimate grounds.   Indeed, at the time, there were no laws even defining grounds for divorce in the new territory.  This Supreme Court held valid a special law specifically passed to “dissolve” her marriage, despite the fact that in doing so, the territorial legislature deprived her of liberty and property without allowing her any opportunity for representation, or even serving her notice that they were taking this action.   She found out a few years later, according to the complaint in the case eventually brought by her heirs.

This case was brought by the Ohio covenant children of David and Lydia Maynard after both of their parents’ deaths, in an estate dispute over land that had been granted in Oregon territory (at the time of the ruling, the land had since become part of Washington state) to David after he abandoned Lydia under false pretenses in Ohio, and took up with another woman on his way out west.    The land grant apparently had strings attached, such that twice as much land was granted to a married couple, which then had to be cultivated for a period of time within a certain time window.    Shortly after securing both pieces of land based on his marriage to Lydia, he then requested his divorce be granted by the legislature.   David had grown extremely influential as a founder of Seattle, and had held considerable sway with the legislature by the time he made his request.   The divorce  was granted  upon his request, with documents external to the SCOTUS opinion showing that David accused his wife of adultery in his petition, and submitted hearsay letters from friends claiming to know individuals who had allegedly witnessed Mrs. Maynard in clandestine activities or compromising situations back in Ohio.    However, because he could not legalize his adulterous union with his mistress within the time window for perfecting the land claim, the Territory revoked the grant of the portion of the land that had been granted to David based on his marriage to Lydia.   In other words, Mr. Maynard’s attempted bait-and-switch scheme failed, and he suffered his just reward as a consequence.   It was the validity of the special legislative divorce, and of the land grant revocation, that the couple’s adult children were challenging, in part arguing that Article 1 Section 10 prevented the legislature of Oregon Territory from impairing the marital contract between David and Lydia by granting the divorce-in-absentia via special law aimed at that particular marriage, and without any notice to one of the parties being so assailed.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
(
– Article 1 Section 10,  U.S. Constitution)

Since the facts of the case state that the legislature of Oregon Territory was operating under the temporary authority delegation by an act of the U.S. Congress in the absence of a state constitution…

The act of congress creating the territory of Oregon and establishing a government for it, passed on the 14th of August, 1848, vested the legislative power and authority of the territory in an assembly consisting of two boards, a council and a house of representatives. 9 St. c. 177, 4. It declared that the legislative power of the territory should ‘extend to all rightful subjects of legislation not inconsistent with the constitution and laws of the United States,’

…it seems reasonable that Congress should not have been deemed to be able to delegate authority to a territory that they did not at least possess themselves, either to pass special laws which defeated the separation-of-powers already integral to the U.S. Constitution (Article 3), or to carve out a relatively untested exception to the Contracts Clause.   Yet, the authority to pass a special law granting a legislative divorce was justified by the majority, by relying on the history of U.S. states and territories who did not yet have a constitution who were following the English tradition of Parliament granting legislative divorces, and also upon the fact that various states were slow to transition from legislative divorces via special laws to a judicial procedure, in some cases even after a state constitution establishing separation-of-powers was ratified.   It seems natural, given that divorces were so rare in the 18th and 19th centuries, that change in this area would not have been a burning priority.    Eventually, however, many states constructed or amended their constitutions to require that divorces only be granted by a judicial process, a fact which the opinion acknowledges but dismisses on a very weak rationale, claiming that the historical reliance on legislative divorces justified the practice where there was not yet a state constitution, while completely ignoring the due process concerns that likely led to those provisions being adopted in various state constitutions.

With regard to the due process owed to Lydia Maynard, the 14th Amendment was not ratified until 1868, some 13 years after this legislative divorce was granted, but this was still 20 years prior to this landmark decision upholding the validity of the divorce-in-absentia for estate purposes.    The court completely failed to apply the provisions of the 5th Amendment, ratified along with the Bill of Rights in 1791, to secure Mrs. Maynard’s right to the most basic procedural due process,  including notice of the proceeding, which should have been more than justified by the fact that the territorial legislature was operating under delegated authority from the U.S. Congress.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
(- 5th Amendment, U.S. Constitution)

 

Quoting from the majority opinion:

“The facts alleged in the bill of complaint, that no cause existed for the divorce, and that it was obtained without the knowledge of the wife cannot affect the validity of the act.   Knowledge or ignorance of parties of intended legislation does not affect its validity if within the competency of the legislature.”

That unduly harsh statement may be true where public notice is posted for the intended enactment of general laws, but how could such a judicial statement have overridden anyone’s basic rights to due process with regard to notice and representation under the U.S.  Constitution?   They call these things fundamental rights for a reason!  It would have been enlightening to read the dissenting opinions of Stanley Matthews and Horace Gray, but unfortunately, this blogger was unable to locate the text for those dissents online without a subscription service.

With regard to barring the application of Article 1 Section 10 to the marriage contract, the majority opinion quotes this isolated statement  by Chief Justice John Marshall in Dartmouth College v Woodward (decided 1819), as follows:

“As was said by Chief Justice MARSHALL in the Dartmouth College Case, not by way of judgment, but in answer to objections urged to positions taken: ‘The provision of the constitution never has been understood to embrace other contracts than those which respect property or some object of value, and confer rights which may be asserted in a court of justice. It never has been understood to restrict the general right of the legislature to legislate on the subject of divorce.’ “

John Marshall, of course, was one of the nation’s founding statesmen who participated in the historic constitutional convention process,  himself becoming a delegate in 1788 to the state convention that had been formed to ratify it, so he should certainly have been an excellent authority on the original intent of Article 1, Section 10.    However, was the 1888 Supreme Court majority accurate in their presumption that Marshall was inclusively referring to unprovoked (unilateral) divorce, where the petitioner was actually creating the contractual breach he was seeking “relief” from, when the former Chief Justice made the statement upon which the 1888 court (very selectively) relied  to support their interpretation of the founders’ intent?   Or… was Marshall simply stating that Article 1 Section 10 was not intended to impair the authority of the legislature to regulate divorce on a fault-basis that is consistent with the innocent party’s fundamental rights, including property and causeless government non-interference with family sovereignty?

One historical source indicates that Article 1 Section 10 was actually added to the final draft after no discussion had taken place in the Constitutional Convention:

” [The post-Convention drafting committee] made at least one important change to what the Convention had agreed to;  {Rufus} King [of Massachusetts] wanted to prevent states from interfering in contracts.  Although the Convention never took up the matter, his language was now inserted, creating the contract clause.[24]:243

In light of this, it is at least possible that Marshall’s statement, delivered 30 years after ratification, was not coming from firsthand debate or interactions with the drafters or Rufus King, even though he had been a part of the larger ratification process.    There is at least some historical evidence that John Marshall did know King personally and continued to correspond with him in the years following ratification.

Chief Justice Marshall authored the majority opinion for Dartmouth College v Woodward, directly referring to the relevance to marriage contracts as follows:

“…it has been argued that the word “contract,” in its broadest sense, would comprehend the political relations between the government and its citizens, would extend to offices held within a State, for State purposes, and to many of those laws concerning civil institutions, which must change with circumstances and be modified by ordinary legislation, which deeply concern the public, and which, to preserve good government, the public judgment must control. That even marriage is a contract, and its obligations are affected by the laws respecting divorces. That the clause in the Constitution, if construed in its greatest latitude,would prohibit these laws. Taken in its broad, unlimited sense, the clause would be an unprofitable and vexatious interference with the internal concerns of a State, would unnecessarily and unwisely embarrass its legislation, and render immutable those civil institutions, which are established for purposes of internal government, and which, to subserve those purposes, ought to vary with varying circumstances.  That, as the framers of the Constitution could never have intended to insert in that instrument a provision so unnecessary, so mischievous, and so repugnant to its general spirit, the term “contract” must be understood in a more limited sense.  That it must be understood as intended to guard against a power of at least doubtful utility, the abuse of which had been extensively felt, and to restrain the legislature in future from violating the right to property. That, anterior to the formation of the Constitution, a course of legislation had prevailed in many, if not in all, of the States, which weakened the confidence of man in man, and embarrassed all transactions between individuals, by dispensing with a faithful performance of engagements….Those acts enable some tribunals not to impair a marriage contract, but to liberate one of the parties, because it has been broken by the other.When any State legislature shall pass an act annulling all marriage contracts, or allowing either party to annul it, without the consent of the other, it will be time enough to inquire, whether such an act be constitutional

It is important to note that neither the legislative act, nor the SCOTUS opinion refers to the charge of adultery that other sources indicate David Maynard tried to register with the legislature.  Marshall continues thusly at a later juncture in his opinion…

“Could a law, compelling a specific performance, by giving a new remedy, be justly deemed an excess of legislative power? Thus far the contract of marriage has been considered with reference to general laws regulating divorces upon breaches of that contract.  (Note: for the benefit of the innocent party is strongly implied here.)... But if the argument means to assert that the legislative power to dissolve such a contract, without any breach on either side, against the wishes of the parties, and without any judicial inquiry to ascertain a breach, I certainly am not prepared to admit such a power, or that its exercise would not entrench upon the prohibition of the Constitution. If, under the faith of existing laws, a contract of marriage be duly solemnized, or a marriage settlement be made (and marriage is always in law a valuable consideration for a contract), it is not easy to perceive why a dissolution of its obligations, without any default or assent of the parties, may not as well fall within the prohibition as any other contract for a valuable consideration.  A man has just as good a right to his wife as to the property acquired under a marriage contract. He has a legal right to her society and her fortune, and to divest such right, without his default and against his will, would be as flagrant a violation of the principles of justice as the confiscation of his own estate.”  
(Presumably, Marshall would have held the same true of David Maynard’s similarly-situated original wife.)

Marshall goes on in Dartmouth College v Woodward to confirm his personal uncertainty, even with his own superior and contemporary proximity to the founders, vis-à-vis the 1888 court, about the intent of Article 1 Section 10 to exclude or include the marriage contract:

“It is more than possible that the preservation of rights of this description was not particularly in the view of the framers of the Constitution when the clause under consideration was introduced into that instrument. It is probable that interferences of more frequent occurrence, to which the temptation was stronger, and of which the mischief was more extensive, constituted the great motive for imposing this restriction on the State legislatures. But although a particular and a rare case may not, in itself, be of sufficient magnitude to induce a rule, yet it must be governed by the rule, when established, unless some plain and strong reason for excluding it can be given. It is not enough to say that this particular case was not in the mind of the convention when the article was framed, nor of the American people when it was adopted. It is necessary to go further and to say that, had this particular case been suggested, the language would have been so varied as to exclude it, or it would have been made a special exception. The case, being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd or mischievous or repugnant to the general spirit of the instrument as to justify those who expound the Constitution in making it an exception.”

In light of the full context of what Chief Justice Marshall stated in that majority opinion, would it really be unreasonable to conclude that Justice Stephen Field was guilty of taking the portion of Marshall’s statement which he selectively quoted, materially out of context?     After all, for the Maynards, there was no general law in Oregon Territory regarding divorces, which is why a special law had to be custom-crafted under stealth, one that impaired the marriage contract which had been broken by the party requesting the divorce, not the “other” whom Marshall specifically pointed to the need to protect.     The Chief Justice indicated he was still fine with the parties themselves agreeing to annul their own contract by mutual consent (except that the matter was not yet legally “ripe” before his court), but in this 1853 Maynard instance, the party who was back home presumably honoring that marriage contract was deprived of notice of her husband’s hurried request to annul it legislatively.     Had Justice Field shown true deference to stare decisis, he would have addressed these highly relevant points raised by Marshall, some of which had now indeed become ripe for review with the case before the 1888 court.    Instead, it appears he stood Marshall’s very specific contrary guidance on its head by ignoring the portion that did not suit the court majority, for purely ideological reasons, under their conception of “public policy”.

The majority in Maynard went on to cite language in an earlier decision,  Butler v. Pennsylvania, 10 How. 402, where the question arose whether a reduction of the per diem compensation to certain canal commissioners below that originally provided when they took office, was an impairment of a contract with them within the constitutional prohibition; the court, holding that it was not such an impairment, said: ‘The contracts designed to be protected by the tenth section of the first article of that instrument are contracts by which perfect rights, certain, definite, fixed private rights of property, are vested. ‘It is also to be observed that, while marriage is often termed by text writers and in decisions of courts as a civil contract, generally to indicate that it must be founded upon the agreement of the parties, and does not require any religious ceremony for its solemnization, it is something more than a mere contract.”

Hold the phone!   Obviously, if it is a “given” that Object A is a recognized member of Group B, and a constitutional principle applies to all members of Group B, then it won’t do to claim that a particular constitutional principle naming Group B shouldn’t apply to Object A just because Object A has some additional qualities.   This is known as basic subset mathematics.

Further, the court used a circular argument which failed to take into account that the only element that would cause the marital estate vesting not to be “fixed” by the inherent indissolubility of the marriage bond is some sort of fault-basis, or barring that, their own failure to uphold the rule of law on behalf of the innocent spouse.    They were, in effect, arguing that the possibility that someone might unlawfully abandon their marriage (or, indeed, that a rogue territorial legislature might violate the Constitution by enacting a special law without legal notice against that innocent spouse)  “unvests” and “unperfects” the property rights that were conferred at the publicly-witnessed lawful wedding…(“I herewith plight thee my troth.”)

The majority in Maynard also had a considerable amount to say about “public policy”, most of it flawed and leaning too much toward social expediency, at the longterm expense of societal integrity.    This should sound very familiar to the readers of this blog, since it has been quoted ad nauseum by self-interested attorneys, jurists and legislators alike ever since–as if it came down from the mountain on stone tablets.    For example:

“…when the validity of acts dissolving the bonds of matrimony is assailed; the legitimacy of many children, the peace of many families, and the settlement of many estates depending upon its being sustained. ”

and…

Many causes may arise, physical, moral, and intellectual, such as the contracting by one of the parties of an incurable disease like leprosy, or confirmed insanity, or hopeless idiocy, or a conviction of a felony, which would render the continuance of the marriage relation intolerable to the other party, and productive of no possible benefit to society.When the object of the relation has been thus defeated, and no jurisdiction is vested in the judicial tribunals to grant a divorce, it is not perceived that any principle should prevent the legislature itself from interfering, and putting an end to the relation in the interest of the parties as well as of society. If the act declaring the divorce should attempt to interfere with the rights of property vested in either party, a different question would be presented.”

Apparently, these Maynard Justices saw “public policy” as more of a concern as respects the fundamental rights of the subsequent family rather than of due process sustaining the fundamental rights of the original covenant family….“love the one you’re with”.    Evidently, the choice of an illicit relationship by the party seeking to morally and financially abandon their family joins all of these other selfish reasons why honoring marriage vows would be “productive of no possible benefit to society”, and “intolerable to the petitioning party.”    And in fact, the furtive act declaring the divorce did inevitably interfere with the rights of property vested in the innocent wife, if not in Oregon Territory, then back home in Ohio, whether that distant legislature intended this or not.

The intrusion on property rights from state interference without due cause upon the marriage contract is even more egregious in today’s society due to this malodorous precedent, with not only equity in homes and businesses at stake, but also employment-derived retirement assets as a “gray divorce” couple is at or near retirement age, or perhaps already retired.   Because of concealed dissipation to finance an extramarital affair in the period before the guilty party files for unilateral “no-fault” divorce, unequal IRA and 401K balances will be a growing problem that didn’t exist back when most states took marital fault into strong consideration in dividing assets.  In effect, many of today’s “family courts” are actually rewarding adulterous spouses for breaking up their own marriage, and transferring considerable wealth from earner to rival paramour, all while blaming the “Respondent” for choosing not to file their own petition – a clear religious freedom violation.    And wouldn’t you know it?  Quite ironically, there are divorce case precedents where solely for the purposes of dividing marital assets, the marriage contract is indeed deemed in a certain amount of doublespeak to be an “economic partnership”, by golly  –  MVR v TMR,  New York (1982) 115 Misc 2d 674

The last thing to re-examine in assessing this Maynard case for validity in the current marriage debate is whether, in light of ratification of the U.S. Constitution which was specifically drafted to address the many flaws in English Parliamentary law,  was the English parliamentary legal history–even continuing in the colonies as it did–still a reasonable basis upon which to hold the continued practice of legislative enactment of special laws constitutional?    After all, the Maynard majority acknowledged that several states had by that time incorporated specific prohibitions against special laws to grant divorces  into their constitutions and pointed those cases toward the judiciary for a reason: to assure constitutional separation of powers, protection of constitutional due process, and individual fundamental rights.   This trend therefore was far from something unknown to the majority, since they explicitly ceded this fact.   More likely, this constitutional advance in the various states was ideologically objectionable to them.   In the 1848 Ohio Supreme Court case, Bingham-v-Miller-1848 (1), we read concerning the general constitutionality of legislative divorces:

“The constitution confers no such power.  The legislature is not sovereign; nor are all of the departments of government combined.  The people, only, are sovereign.  Nor can the matter be helped by implication, for the [Ohio] constitution in express terms declares that ‘all powers not hereby delegated, remain with the people…The constitution confers no power to grant divorces; from whence then can the legislature derive it?   Not, like the British parliament, from sovereignty, because the legislature does not possess it; not from the constitution, because it does not confer it…

“The British Parliament is clothed, according to their notions, with sovereign power, and may do what they like;  many if not all the legislatures of the colonies, and the old states, possessed and exercised both legislative and judicial power… Our legislature is clothed with the simple power to enact laws, and do some other things expressly authorized by the constitution.  Beyond this, the legislature has no power at all.   To grant a divorce is not to enact a law at all;  an expression of the will of the lawmaking power that a marriage is dissolved is no law at all.   It is a decree, an order, a judgment but not a law …”

Surely, back in 1819, Justice Marshall would have been acutely aware of from whence our Declaration of Independence explicitly states that the people’s sovereignty over fundamental rights emanates, and this was clearly not the British Parliament (to mildly understate it).    On this basis alone, we can safely bet that legislative divorces and special laws would have been repugnant to Marshall’s  experience as a Constitutional founder, though he was reportedly a deist and didn’t have the strong Christian worldview of many of his peers.   And curiously, the majority opinion in Maynard cited several state-level cases in support of their conclusion from a variety of eastern and midwestern states including Pennsylvania, New York and Indiana but, very curiously, did not mention Bingham at all.   Perhaps the dissenting opinion did, given its very high relevance.

One thing we learn from this case is that denial of fundamental due process has always been an essential element of easy, sleazy divorce, even back in the late 19th century when Marxist elements were beginning to emerge and influence the policy-making elites.   Marshall’s voice, on the other hand, called back from the purer days in U.S. history before some of our intellectual elites began to succumb to Marxist ideologies – it would be interesting to note the extent the two dissenting Justices had vainly attempted to echo him.

All of this matters a great deal today, because anyone who looks at contemporary unilateral “no-fault” grounds for divorce, which prevail without mutual consent in 48 states as of this writing,  along with their their surrounding, implementing statutes, cannot help but notice that in reducing the judiciary function to an administrative, ministerial role, where there is to be no finding of marital fault in most states for any aspect of unravelling a family,  these laws amount to nothing more than the outlawed special laws of yesterday in blanket form,  implemented by running them through specialized courts for appearance sake, in order to masquerade as general laws that non-substantively purport to require a judicial function.    Yet, we all know that judges feel compelled by the law to accept the assertions in the petition and rule against the “Respondent” 100% of the time without regard to whether the allegation of “irreconcilable differences”, “irretrievable breakdown”, “insupportability”, etc. is factually true.   In an increasing number of these cases,  the pair has been successfully married for decades and suddenly became “irreconcilable” or “insupportable” according to the legal fiction.   In other cases, we have statistics that at least 5% of supposedly “irreconcilable” couples reconcile with each other, even after subsequent marriages to others.

One of the things the Bingham v Miller jurists did was try to manage the chaos resulting from overturning a law of this nature after decades of unlawful practice,  something the Maynard jurists openly declared that they lacked the fear of God and moral courage to do.

” To deny this long-exercised power, and declare all the consequences resulting from it void, is pregnant with fearful consequences. If it affected only the rights of property, we should not hesitate; but second marriages have been contracted, and children born, and it would bastardize all these, although born under the sanction of apparent wedlock, authorized by an act of the legislature before they were born, and in consequence of which the relation was formed which gave them birth. On account of these children, and for them only, we hesitate. “
– Justice Read, Ohio, 1848

We will be in substantially the same place with the rightful overturn or repeal of unilateral “no-fault” divorce and its effects, except that we will no longer have the legal label of “illegitimate” or “bastard” to contend with, since from about 1987,  U.S. law no longer makes much distinction in the rights of children born in wedlock or out– in a government that has quite clearly lost the moral ability to even define or implement “wedlock”.   Perversely, this will probably prove to be a silver lining for winding down today’s multiple remarriage mess.  The Ohio court stated it had no issue with the property effects reverting back to the status they were prior to imposition of each unlawful dissolution, but only had an issue with the legal and social status of the children of the subsequent union(s).    Although the case text doesn’t explicitly say this, the commentary on it states that the court held those subsequent unions to be  “valid” for the sake of the children.    Today we would ask, “which one(s)?”  However, by Bingham’s own legal theory, it is a serious question whether this Ohio court actually possessed the constitutional authority to do so en masse without actually rehearing any of the cases based on grounds, but it does not appear that this case was appealed any higher.    There was no way to declare all the marriages “valid” out of compassion without setting up a situation of concurrent, Muslim or Mormon style polygamy, in a moral space currently dominated by consecutive polygamy.   Something like this will be the aftermath of correcting the almost unspeakable separation-of-powers evil brought about by unilateral “no-fault” grounds statutes.  Theoretically, only the first marriage will be valid following such an event, but there are complexities even with that.

To conclude, we go back to the error of the Maynard court, and ask an interesting question:

Had the court made the right call on the issue of legislative divorces and special laws under the Article 10 theory that the Bingham court correctly laid out 40 years earlier,  would it have been strictly necessary to address the merits of the contract argument of Article 1 Section 10 applying to marriage, or would it have been wiser to declare that argument “moot” and thereby avoid setting a questionable legal precedent with regard to contracts, one that even John Marshall was uncertain of?   

Both questions had to be addressed once the wrong call was made concerning legislative divorces.   That fatal event turned into a blowtorch on the sustainability of “no-fault” flames, coming as it did at the SCOTUS level.  The Bingham court in Ohio importantly said this about the contract issue:

“Some eminent jurists have denied the power to the legislature, upon the ground that it is a law impairing the obligation of contracts, and therefore prohibited to the states by the constitution of the United States. We do not chose to place it upon this ground, because we believe that clause was inserted in the constitution for no such object, but as appliable to contracts of a wholly different nature.   And besides, I believe it not only consistent with the theory of our government, but that our happiness, interest, and safety require us to deny to the general government any possible power not expressly granted, or clearly conferred. It is to the state where we have the control, that we must look for the protection of our dearest rights; and I would be the last to surrender up any right to the general government, and especially so dear a one as that of our domestic relations. This is a matter of our own, and we will keep it so.”

It is clear that there was considerable difference of opinion on the applicability of Article 1 Section 10 to the marriage contract among “eminent jurists” long after Marshall.    Aside from the purism of the legal theory expressed in Bingham, this purism may actually become directly relevant to the constitutional wind-down of the blanket form of legislative divorces we are saddled with today.    For example, in the all-too-common case of someone thrice-“married”, but the law under which they or their civil spouse’s divorce (and therefore, their subsequent civil union) is suddenly declared void by SCOTUS, whose contractual rights prevail?   Aren’t the contract rights of the first spouse just as enforceable under Article 1 Section 10 as the third-and-current civil  spouse?    Perhaps not for marriages contracted after enactment of unilateral “no-fault” laws rendered the civil contract undertaken on the wedding day to be “at-will”, effectively mooting the contract argument that once existed for pretty much anyone under age 65 or so who didn’t first marry fairly young.

It’s fine to say that you can’t “unscramble eggs” or “you can’t put the toothpaste back in the tube”,  as we frequently hear with regard to biblically-illicit subsequent marriages, but if unilateral “no-fault” divorce and its parental and property effects are ultimately overturned on an Article 10 / Article 3 argument and separation-of-powers, millions of “marriages”, and probably the bulk of all currently-legal U.S. marriages under prevailing trends, will be voided.    If SIFC were a betting individual, the money would be on the current Justices rejecting the contract argument, not only out of stare decisis, but out  of pure practicality and widespread mootness, to considerably cut down on the enormous and inevitable chaos of conflicting claims.   There are purists among us who say that legislative repeal of unilateral divorce laws needs to take us back to 1969 (1958 for Oklahoma) based on this separation-of-powers constitutional principle, and not allow for even mutual petition “no-fault” grounds.   While that may wind up being the reality in a court result, this will be very unpopular to get through any legislatures where repeal rather than voiding would allow for a more orderly wind-down of divorce-on-demand.

Is what SIFC has just described too remote a possibility for concern? Don’t bet on that!     Legal challenges to pending unilateral “no-fault” divorce petitions have to-date been brought before county circuit judges in several states requesting a summary dismissal of the “no-fault” petition on Article 10 / Article 3 grounds, alleging that the court does not have subject matter jurisdiction to rubber-stamp divorces based on blanket legislative mandates that neither require nor permit a genuine judicial discretion.    When that summary judgment is typically denied by the “family court” judge, this then opens up a legal route of Federal challenge outside the usual self-interested state appellate system, and cuts costs for a pro-se challenger down to manageable levels, at least until success is achieved at the first Federal level where the judge’s immunity is successfully challenged because of the lack of subject matter jurisdiction.   At this point, the state AG and organizations like the ACLU will fiercely seek to defend existing laws and entrenched financial interests, probably hoping to empty their opponent’s purse before they prevail up the legal chain to SCOTUS.     This sort of Federal appeal is also available to those whose wrongful divorce has already been finalized against their will,  and for a few years thereafter, even following an unsuccessful state constitutional challenge on 1st and 14th Amendment grounds.   These circumstances increase the possibility that constitutional challenges can be brought in numerous states (hence, Federal circuits) by people who might have deep enough pockets to sustain them, and thereby increase the likelihood that SCOTUS will see a “Federal question”,  and ultimately agree to hear a case all nine justices would probably much rather not hear.   It is also possible that as these cases gather traction in the lower Federal courts, there will be a huge push to amend state constitutions to remove the defect being challenged, by carving out a specific delegation which allows the “family courts” to carry on as usual, much easier to do (and much harder to organize effective opposition to),  on the individual state level –when the other side has control of the money, the media and the popular culture.

Clearly there needs to be a strategic and proactive discussion among the movers and shakers in the marriage permanence movement about how the aftermath of successful constitutional challenge on this basis might be optimally managed, and what sort of strategic alliances need to be cultivated ahead of such a successful development, to have a chance of preventing unilateral “no-fault” divorce from reinventing itself on state constitutions, if so overturned.

  For comic relief, juicy details and more of the humanistic, anti-family academic mindset concerning this case, SIFC recommends Steven H. Hobbs’ “Love on the Oregon Trail:  What the Story of Maynard v Hill Teaches Us About Marriage and Democratic Self-Governance” – 2003).

“By Me kings reign, and princes decree righteousness…”
– Proverbs 8:15
www.standerinfamilycourt.com
7 Times Around the Jericho Wall | Let’s Repeal Unilateral Divorce!

Would a Ruling that Unilateral No-Fault Divorce is Unconstitutional REALLY Be “Legislating from the Bench” ?

IlSupCtBg
by Standerinfamilycourt

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State; –between Citizens of different States, –between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
United States Constitution, Article 3, Section 2, Clause 1

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.    United States Constitution, Article 10

Two landmark cases of the Sexual Revolution in the U.S., namely Roe v. Wade – 1973 (depriving pre-born children of their fundamental right to life), and Obergefell v. Hodges – 2015, legalizing sodomy as “marriage”, were seen by conservatives and original constructionists (with a fair amount of justification, we daresay) as “legislating from the bench”.    An extra-constitutional fundamental right (to “privacy”) was established without actually amending the Constitution via Congressional and state legislative action as called for in Article 5.    Leading up to those cases, several other cases also turned on a judicially-presumed “right of privacy”, including Eisenstadt v. Baird – 1972 (establishing the right of unmarried individuals to purchase contraceptives) and Lawrence v. Texas – 2003 (declaring state laws against sodomy “unconstitutional”).      It should be noted that the fundamental right that is explicit in the Bill of Rights is the right to freedom of association, which came to be closely associated with a presumed “privacy” right which, even worse, has come to override the priority of other conflicting fundamental rights of impacted parties, in order to arrive at some of these activist, individualist decisions that don’t comport with balancing fundamental rights in a way that is best for society as a whole.

As for prioritizing the protection of fundamental rights that inherently conflict with one another, most reasonable people would concur with the principle:  “My fundamental rights end where yours take up.”     For example, a baby’s right to life was ruled in Roe v. Wade to unduly infringe upon a woman’s right to “free association”, but is that reasonable?    A homosexual pair’s right to “free association”, protected by local SOGI laws (Sexual Orientation and Gender Identity) was ruled to have priority over a wedding professional’s free exercise of religion in a matter before the U.S. Supreme Court last year with a landmark ruling in his favor delivered in June.

SCOTUS did (effectively) rule in 2015 that homosexual couples have a fundamental right to remain married, but our unilateral divorce laws continue to deny that same fundamental right to innocent heterosexual spouses who oppose the purported “dissolution” of their marriage as profoundly harmful to their immediate and extended families’ true best interests, and significantly infringing on the family members’ rights to free association and free religious exercise.  In fact, the Petitioner’s presumed right to “free association” with an adulterous partner, and “privacy” are treated as trumping their innocent spouse’s right to free religious exercise and conscience, as well as their right to protection of property with due process of law, along with their right to protection of decades of extended family relationships.    My right to bear arms must necessarily yield to your right to life if I misuse my fundamental right in order to advance my individual selfish interest at your expense.    And so forth.

Most immoral laws and court rulings indeed result from immoral prioritization of conflicting fundamental rights – a balancing that always has been unavoidable when it comes to the Bill of Rights protections.    It is popular (and ridiculously false) to claim that “you can’t legislate morality”,  but is that not precisely what laws against murder, rape, battery, larceny and defamation actually do?   Don’t discrimination laws of all types “legislate morality” ?

C.S. Lewis famously said,

“There is no neutral ground in the universe.   Every square inch, every split second, is claimed by God and counterclaimed by Satan.”

Indeed, if someone isn’t legislating morality, it certainly doesn’t leave just a neutral vacuum.     The evidence is all around us that somebody else is surely going to be legislating immorality –and in constantly increasing amounts,  to the corrosive detriment of the whole of society.    As the morality and sense of the good of the whole thereby disintegrates, the whole nation can go down to historic ruin because immoral laws can be exceedingly difficult to reverse no matter how much vile impact they’ve produced.

This concludes the long introduction to the topic at-hand.
Our U.S. Constitution and state constitutions were designed with an intentional separation-of-powers so that the three branches,  legislative, executive and judicial, historically operated with prudent boundaries; checks-and-balances on each other.    It wasn’t perfect, but it continued to pervasively function well over a long period of time —  until the Sexual Revolution hit in full force in the 1970’s.   In addition, the concept of Federalism served to set boundaries of balance between states’ power and the power of national leaders.     Unfortunately, both of these mechanisms in recent decades have worked together to make the erosion of equal protection in marriage laws enacted with unconstitutional statutory provisions increasingly difficult to counter or overturn, at least with regard to the heterosexuals who (after all) produce the children who become the next generation of citizens.

As we’ve seen since former President Obama swept into office in 2008, it’s been a far different story with regard to homosexuals, who achieved superior protections to all other citizens, and relaxation of those legal boundaries, vis-à-vis heterosexuals .   Homosexuals have typically not been required to undertake the expensive burden of taking marriage cases through all levels of the state courts before a lower Federal court would hear and rule on the case.    Homosexuals have often been extended special privilege in overturning a state marriage law that state judiciary authorities declined to review.    By contrast, heterosexuals in modern times have been forced to bear the expensive burden of exhausting all state channels of review, with SCOTUS being the first allowed Federal  engagement point of review.   The odds of getting a constitutional challenge heard there are approximately 90 to 1 as recently reported.     Reportedly, less than 1% of the 9,000 some cases submitted for SCOTUS docketing ever make it oral arguments.    Unless at least four Justices agree to hear the case, it will never be heard, and no reason need be given.   To make matters worse, the confirmation of Neil Gorsuch to the Court revealed that the Justices had been using a “vetting pool” of clerks, rather than having their own clerks read the cases, reducing the chances of a case which so fundamentally “takes on” the Sexual Revolution having its day in highest court in the land even more remote.    To his credit, Justice Gorsuch announced that he would be joining Justice Alito in breaking with that convenience.    Most recently, Justice Kavanaugh was mum on that issue, so presumably he’s using the “cert” pool, as the now-retired Justice Kennedy did.   That means liberal clerks still probably outnumber conservative clerks in that pool, but “standerinfamilycourt” digresses except to say that even the conservative clerks are going to have an ideological bias against the perception of “legislating from the bench”.

Unfortunately, the whole concept of “legislating from the bench”,  tends to be ideologically charged.   It refers to using courts to violate the constitutional separation of powers in Articles 1 and 3, also the interference with Federalism and states’ rights prohibited by Article 10.    Our constitutional republic is gravely harmed in the clear-cut cases of “legislating from the bench” where special rights have been created for a group of people in a case precedent that will in fact deny fundamental rights to everyone else in order to implement and enforce the same.    Our constitutional republic is equally harmed when an ideological majority uses the concept as an excuse to deny fundamental rights to a group of people whose state constitutions and the Bill of Rights is supposed to guarantee them.   The latter has historically been accomplished either through applying an inappropriate standard of judicial review, or wrongfully declining to hear such a case coming from a lower level.

For example, in 1986, Florida pro-se constitutional challenger Judith Brumbaugh related in her book, “Judge, Please Don’t Strike that Gavel on My Marriage”, that she managed to get her appeal of Florida’s unilateral “no-fault” divorce law docketed at the U.S. Supreme Court.    They ultimately declined to hear the case “for want of a Federal question”.    It was striking that Judith’s request for “cert” even got docketed.   This blog has documented many earlier challenges to unilateral “no-fault” divorce laws based on religious freedom and equal protection grounds, where the state appeals courts applied the rational basis standard of review, instead of the strict scrutiny basis that is constitutionally required when fundamental rights are being denied by a state statute.   The latter requires that the states prove a compelling interest in denying those fundamental rights, and that such laws be narrowly-tailored to meet that interest in the least intrusive way upon those rights.    What tends to happen is that SCOTUS will apply Article 10 first, and say there is no “Federal question” (unless conflicting results are found in lower courts in different circuits on the same issue) even when it is clear that not only is the Bill of Rights being violated, but the state courts are tolerating wholesale violations of Articles 1 and 3, and thereby compromising the separation-of-powers between the branches of government.    What’s really happening is the actual inverse of “legislating from the bench”,  that is, taking away true judicial discretion and validating a phony cause-of-action from the floors of the state legislative bodies, while being allowed to do it through what amounts to judicial collusion and self-dealing.

Although SCOTUS intervened twice in equal protection cases involving marriage or divorce between homosexuals between 2013 and 2015, the last heterosexual divorce case “standerinfamilycourt” could find that was heard appears to be in 1996 out of Mississippi, and it involved the termination of parental rights for a mother who had suffered a divorce to which she probably acquiesced.    (Mississippi’s “no-fault” law is the only one in the country that was comprehensively enacted in 1972 so as to not force divorce on a non-consenting spouse except on a fault basis.)   The matter at issue was not even the divorce itself, but her inability to pay the transcript costs that blocked her from fighting the termination of her parental rights at the request of her now-“remarried” husband.    There was already significant precedent for the costs of access to courts not to be permitted to deny access to her avenues of initial hearing or appeal.  That case was simply remanded back to the state on that very narrow basis.

In the landmark case, Loving v Virginia (1967) there were no such concerns with violating Article 10.    The Lovings had secured the help of the ACLU to fight the state’s anti-miscegenation laws all the way up through the state appellate system in a class action suit, until certiorari was requested and granted from SCOTUS.   However, neither was there any artificial requirement imposed by SCOTUS to wait for differing outcomes in other regions of the country, lest the spurious claim be made of “want of a Federal question”.    The Supremacy Clause (Article VI, Clause 2) ….

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

….makes such assertions highly questionable when Bill of Rights protections are being denied by state legislatures to its citizens.
The sequence of events in the Loving case, as laid out in the majority SCOTUS opinion:

“On November 6, 1963, they filed a motion in the state trial court to vacate the judgment and set aside the sentence on the ground that the statutes which they had violated were repugnant to the Fourteenth Amendment. The motion not having been decided by October 28, 1964, the Lovings instituted a class action in the United States District Court for the Eastern District of Virginia requesting that a three-judge court be convened to declare the Virginia anti-miscegenation statutes unconstitutional and to enjoin state officials from enforcing their convictions. On January 22, 1965, the state trial judge denied the motion to vacate the sentences, and the Lovings perfected an appeal to the Supreme Court of Appeals of Virginia. On February 11, 1965, the three-judge District Court continued the case to allow the Lovings to present their constitutional claims to the highest state court. The Supreme Court of Appeals upheld the constitutionality of the anti-miscegenation statutes and, after modifying the sentence, affirmed the convictions. The Lovings appealed this decision, and we noted probable jurisdiction on December 12, 1966…”

Fundamental rights to stay married, and to live where they wished were on the line in this case that was decided unanimously by the Justices, two and a half years before unilateral “no-fault” divorce laws began to be enacted in the various states.   While it should never be the case, the ugly reality is that the changeable prevailing morality tends to drive landmark SCOTUS decisions and fundamental rights get some lip service, but tend to take a back seat.  For more on the constitutional challenges to unilateral “no-fault” divorce  that were decided at the state level under an erroneous standard of judicial review, but never heard by SCOTUS, please click here, and here.   Several of the gay marriage cases decided in 2014 cited the right to stay married.

If subsequent state legislation conflicts with a state constitution, there is no violation of Federalism for SCOTUS to enforce the state constitution where a state supreme court denied certiorari.

First-level state appeals are required to be heard, but are sometimes dismissed on technicalities, and hearings for state Supreme Court appeals can be declined without comment, simply based on the number of cases submitted, with “standerinfamilycourt’s” constitutional attorney advising that the state Supreme Court might hear perhaps 5% of the few thousand appeals submitted each session.   Given the influence-peddling on the state level for states that have an elected judiciary, which was ongoing both before and after the jaw-dropping Citizens United ruling by SCOTUS (money is “speech”), it is important, in theory at least, to have an unobstructed path to SCOTUS.    Appellate decisions at the state level, and demonstrably also by SCOTUS, are becoming almost uniformly ideological rather than independent, with the effect that constitutional checks-and-balances between the branches of government are becoming ever-weaker, and stare decisis (ruling by precedent) is pretty much a joke these days.   While in a rare instance there might be a favorable individual challenge where the ruling would be limited in its impact to the law as applied to just that case,  no state appellate court wants to invalidate 50 years worth of unconstitutional marriage dissolutions by admitting the laws are unconstitutional on their face, knowing the social chaos that would result, so these courts will be duplicitous in avoiding ever being put in a situation where they would have to so rule.    Some basis is going to have the be found for taking a constitutional challenge up through the Federal court system despite the long history of being barred from doing so by Article 10 arguments.

In one sense, given the long history of barriers and difficulty of getting any true appellate justice in 1st and 14th Amendment-based challenges to unilateral “no-fault” divorce laws, either on the state or Federal levels, the question of whether it would be “legislating from the bench” to declare them unconstitutional on this basis might seem like a moot or futile question.    However, if judges could be sued in Federal court because they ruled while having no true subject matter jurisdiction due to the Article 3 violations entailed in the statute, then this might suddenly become a very relevant question.    As this post is being written, the theory that state divorce statutes unconstitutionally strip judges of the discretion required by Article 3 is being tested in Federal court in several states.    As soon as some initial outcomes are available, the updates will be the subject of a future post.

Then I will draw near to you for judgment; and I will be a swift witness against the sorcerers and against the adulterers and against those who swear falsely, and against those who oppress the wage earner in his wages, the widow and the orphan, and those who turn aside the alien and do not fear Me,” says the Lord of hosts.   “For I, the Lord, do not change; therefore you, O sons of Jacob, are not consumed.
– Malachi 3: 5-6

www.standerinfamilycourt.com

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

 

SCOWI’s For Sale – So Who’s Buying?


by Standerinfamilycourt

The wicked accept bribes in secret [well…obscurity, anyway]
    to pervert the course of justice.     –  Proverbs 17:23

A bribe is a charm in the sight of its owner;
            Wherever he turns, he prospers.   – Proverbs 17:8

And you shall take no bribe, for a bribe blinds the clear-sighted and subverts the cause of those who are in the right.    –  Exodus 23:8

“standerinfamilycourt”  moved a couple of years ago, compelled by financial circumstances imposed by a “family law” court, to the neighboring state, where the cost of living is considerably less than the state of our now-sold marital residence.    This state has a news organization that believes in sponsoring and televising political debates between judicial candidates, in this case, for a 10-year re-electable seat on the Wisconsin Supreme Court.   The politically-correct line about this office is that it is “non-partisan”.   However, one did not need to watch much of this debate to quickly identify the “liberal” and the “conservative” candidates, as it were.    The sad fact of our crumbling democracy and society is that many judicial decisions are made ideologically, regardless of the traditional lore, rhetoric and precedents to the contrary.

It also appears that in the last few years, the decisions are moving in the direction of becoming more ideological rather than less ideological.    According to the public interest organization, Justice At Stake, from 2000-2009, fundraising by state Supreme Court candidates soared to $206.9 million, more than doubling the $83.3 million raised in the 1990s.   Note that this measurement period ended just before SCOTUS handed down the landmark big money decision,  Citizens United v FEC, which is discussed below.   While this blog post is a fairly detailed discussion of the skunkworks in one  particular state, it is likely that any of the 20+ states with elected judges and justices will have the same special interest obstructions to true constitutional justice for the average citizen, to the extent that the remedy sought would conflict with the special interests of the donor class inside and outside that state.

Being a firm believer (from hard experience) that these days, there cannot possibly be “too much” light shed on the judiciary and on the dubious process of electing its “public servants”, this voting citizen dutifully watched the entire hour of debate very attentively, and was quite grateful, if woefully disheartened, at the rare opportunity to do so.   The dominant issue in this debate was, who all was buying the most influence, and from whom.     Some may “take issue” with the notion of a political donation being compared with a bribe, and in fact, many donations do not function as bribes.   The problem is with the concentration of those that are clearly so, in this climate of the past few years, where most of the integrity of the judiciary has been steadily evaporating to the point where most key decisions, especially those touching the Sexual Revolution are indeed ideological.     We in the marriage permanence community need to also keep ever-mindful that some of the most key decisions are hidden, and not even required to be published or justified with a stated reason:   quite notably, whether or not to even hear an appeals case brought before the highest court in the state.    

There have been calls for SCOTUS  Justices to have their life appointments curtailed, and even for them to be elected rather than appointed, especially in the wake of corrosive and overbearing decisions like Roe v. Wade,   Lawrence v Texas, Citizens United v FECEmployment Board v. Smith,  and Obergefell v Hodges.   which legalized all of the following by high court ideological fiat:

– abortion
– sodomy
– money as “speech”
– countermanding the 1st Amendment fundamental protection of free religious exercise on the state and Federal levels, leading to the need for individual states to adopt RFRA’s, which directly resulted in state-by-state inequality of that Bill of Rights protection
– gay “marriage”

As frustrating as these ideological travesties of justice were (some of the very worst of them conservatively-decided, by the way), a better solution needs to be found that does not hamstring or sabotage the separation-of-powers our founders so wisely designed-in.    My theory is that elected judicial candidates provide no advantage over appointed candidates, and may have effectively placed the latter for purchase by the highest bidder, especially in the wake of Citizens United, which declared inanimate greenbacks to be 1st Amendment-protected “free speech”.    That’s right, since 2010 the “green stamps” in the corporate and PAC wallets have been deemed more worthy of 1st Amendment protections by the highest court in the land than human Respondents in a unilateral divorce lawsuit (since SCOTUS has a long history of refusing to hear constitutional challenges of unilateral divorce laws in the decades since their state-by-state enactment).

As noted earlier by the organization Justice At Stake, most states which have an elected, term-limited judiciary created this special-interest situation long before 2010, and to be transparent, the big donors to these elective offices didn’t have many limits that the Citizens case materially changed (at least in Wisconsin), as we shall see in the process of breaking down the donor-categories and amounts given to these two competing “non-partisan” candidates in the state of Wisconsin.   As responsible citizens, however, we still need to be aware of the increasing potential for big money from in-state and out-of-state special interests to literally purchase a state judicial election, since the door has now swung wide open for them to do so:

The United States Supreme Court held (5–4) on January 21, 2010 that the free speech clause of the First Amendment to the Constitution prohibits the government from restricting independent expenditures for communications by nonprofit corporations, for-profit corporations, labor unions, and other associations.  –  Wikipedia

As recently reported by Matthew Rothschild -Wisconsin Democracy Campaign Executive Director,

“Before  [2015 legislative change], the most a candidate for the state supreme court could receive from all committees combined was $140,156. So the candidate could accept $140,156 from the Republican Party of Wisconsin, but then the candidate could not accept a single dime from any other committee.

“Now the sky is the limit. Political parties can now give unlimited amounts of money to candidates of their choice.

“To make matters worse, before the 2015 rewrite, the most that a rich individual could give to a political party was $10,000. Now a rich individual can give unlimited amounts of money to a political party.

“With both of these ceilings torn down, a billionaire could give $10 million to a political party, and that party could then turn around and spend that $10 million on the billionaire’s favorite candidate for the Wisconsin Supreme Court.

“This makes a mockery of the limits on direct donations to candidates for Wisconsin Supreme Court, which used to be $10,000 and now is $20,000 (itself a ridiculously high sum).”

So, whose bidding will the two opposing candidates be doing, once elected?     For those who didn’t take time to watch the debate video linked above, here’s a brief synopsis (financial figures are from the site Wisconsin Democratic Campaign, a follow-the-money disclosure site, as reported through March 11, 2018):

“Non-partisan” Progressive –  Rebecca Dallet*  (please click to enlarge detail)

*Note:  Dallet donated $200,000 to her own campaign, $35,000 more than her opponent’s entire fundraising result, to-date.   These funds have been excluded from the analysis for a fairer comparison of supporters.     Even so, her overall donated funds are more than twice her opponent’s.   Close to $200,000 alone has come from the practicing or retired legal community, easily 50% of her outside fundraising, with the biggest firm donors in the personal injury, energy or corporate practice areas.    Her other major special interest donor categories include commercial business interests in Real Estate, Banking and Non-Profits. All of the donations for Dallet in the “Political / Ideological” category were $500 or under, except for the Brico Fund – $5,000, which appears to be a feminist organization focused on girls, and more recently, environmental and “social justice” issues (excluding, of course, Bill of Rights protections of unilateral divorce Respondents and the right-to-life of pre-born citizens).

PAC contributions to or expended on behalf of Dallet appear to be immaterial, but tellingly there’s one special interest group who is spending significant money in her behalf based on a perceived need for her support:

Note:  the first group listed has expended 40% more in favor of her opponent’s campaign.   The second group has expended $116K and is the subject of heated controversy in the state, justifiably so.

Overall, about $32K or about  9% of Dallet’s fundraising came from out-of-state sources.    Note: On April 3, 2018, Dallet did emerge as the successful candidate in the General Election.

“Non-partisan” Conservative –  Michael Screnock (please click to enlarge detail)


Between 30 and 40% of Screnock’s coffers have been filled with donations from the active or retired legal community, but this is not as easy to gauge because Dallet’s retired donors were listed as such, example: “retired judge“, whereas Screnock’s retirees and public servant donors were not.    His largest direct campaign donor was his father, who is a currently-practicing family law attorney in Wisconsin, contributing just under the $20K current legal limit established in 2015 by the legislature.    A corporate law firm contributed another $15K.

Unlike the case with his liberal opponent, G.O.P. PAC contributions were significant and helped make “non-partisan” Screnock’s primary campaign financially competitive with Dallet’s mega-war chest.    About $5K or about 3.5% of Screnock’s fundraising came from out-of-state sources, compared with Dallet’s 9%.

The current controversy involving SCOWI (and specifically, candidate Dallet) is over the toothless Justice recusal policy, given the large campaign donations by a PAC interested in the state redistricting / gerrymandering activities.     As it stands, there is nothing except honor or integrity to compel a Justice to recuse themselves from a matter directly involving a campaign donor entity, even right after they have made a very large contribution.    What if a serious challenge to the constitutionality of the state’s unilateral divorce law came before SCOWI, and some of the Justices had taken campaign donations from the American Bar Association?  Or from the ACLU, or the Lambda Foundation?    Wisconsin reportedly has the weakest recusal policy in the country, so this begs the question of why?    If Justices recused themselves, as integrity truly demands, from cases involving the interests of large donors, would those campaign finance contributions continue to flow?   One good way to find out is to reform the recusal rules.

 

Have we structurally landed in a place where only certain citizens are entitled to constitutional fundamental protections, regardless of the liberal or conservative makeup of the court, specifically, those who don’t oppose the fee-rich business-as-usual operation of the Sexual Revolution?

So, how much impact has the Citizens United decision actually had on judicial campaign funding in Wisconsin?    Is there a reasonable way to measure?     For example, can we get an idea by comparing the reported campaign finances of Justices first elected before 2010, and re-elected in 2010 or after?

For each of the three sitting Justices first elected prior to 2010, then re-elected after 2010, an analysis similar to those presented above on the candidates was done, but contrasting the earlier election funding and donors with the most recent funding and donors.    This is also contrasted with the funding and donations for the 2009 last campaign of the only Justice who hasn’t stood for re-election since 2010 because her term isn’t up until next year.    A summary of observations and trends is given based on the individual analysis, for each Justice examined.    In all cases, the Justice’s personal funds donated to the campaign was removed and disregarded in the overall figures so that only external fundraising in considered in the analysis.   Those self-contributed figures also tell an important story, but need to be examined separately.

Chief Justice Patience Drake Roggensack*, 2003/2013
(Conservative)
Summary:  2013 fundraising was nearly six-fold versus 2003, or $688,000 versus $119,000.  In 2013, just under $38,000 (under 2%) was raised from out-of-state sources, and did include business interests, compared with a little over $16,000 (13%) in 2003.  Law firms and lobbyists (yes, I did indeed just say, lobbyists) accounted for 25% of fundraising in 2003, which was similar proportionally to 2013.  The next largest 2003 donor category was Manufacturing at 17% but reduced in 2013 to only 8% of the total figures.  After that, Banking, General Business, Construction, and Health Professionals each accounted for 10%-12% of fundraising in 2003 – and each of these reduced their share by roughly half of the 2003 totals (proportionally) in 2013 while actually donating 3 or 4 times as much in 2013 as in 2003.   Donors categorized as Political / Ideological interests, primarily “school choice”, donated 13% of the total in 2003 versus only 3% of the total in 2013.  Aside from the six-fold rise in campaign costs and fundraising, the other big trend in the post-Citizens United election was the dramatic increase, from 6% to 13%, in donations from the Retired/Homemakers / Non-Income Earners, only $6,000 in 2003 but $91,000 in 2013.  In other judicial campaigns in the state, this group tends to be dominated by retired attorneys and their wives.  The final observation is the emergence of eight new industries donating to the 2013 campaign that were not present in the 2003 campaign, none of which accounted for more than 3% each, including Agriculture, Defense, Education, Insurance, Institutional Health, Natural Resources, Real Estate, and Transportation.
Finally, it should be noted that Justice Roggensack was the first Chief Justice selected by her peers on the court following a law change (2015) that allowed it, instead of the role falling to the most senior justice, prior to that year. Roggensack’s last re-election fell two years prior to her selection as Chief Justice.   In perspective, her 2013 war chest almost twice that of first-time successful 2018 candidate Rebecca Dallet, and was more than four times greater than the unsuccessful 2018 candidate.  Both women donated about $200,000 to their own most recent campaigns.

Justice Ann Walsh Bradley* 1985 / 2015
(Liberal)
Summary:   Again, we see a $600,000+ campaign for 2015, versus only a $29,000 campaign in 2005.   Bradley donated none of her own funds to her 2015 campaign and only $500 to the earlier campaign.   Out-of-state funds, mostly from retired attorneys and spouses amounted to $12,000 in 2015 and none in 2005.    As was the case with the liberal 2018 candidate, Rebecca Dallet, law firms and retired attorneys made up approximately 50% of total outside donations in both the early and the more recent campaign.    As we also saw with the 2013 Roggensack campaign, several industries significantly ramped up their contributions, as did the labor unions and other liberal political causes in 2015.    Contributions by law firms seem to be escalating as an indirect effect of Citizens United in an effort to proportionally maintain their accustomed pre-2010 level of influence, with all the new special interests entering the campaign funding arena.

Justice Annette Kingsland Ziegler*  2007/2017
(Conservative)

Annette Zeigler’s initial SCOWI campaign costs apparently topped $1 million way back in 2007, and she contributed $840,000 to her own war chest, while raising over $500,000 from external donors.   Since she only raised $360,000 for the 2017 reprise, without having to contribute any further personal funds, it appears she was able to carry quite a surplus over from the prior campaign.    Still, her 2007 initial campaign was far more expensive than any of her peers to that point, and more expensive than any since.    Unlike most of her judicial peers, practicing attorney firms did not dominate her fundraising (just 8% and 9%, respectively), but there’s a strong likelihood that the retired, out-of-state legal community made up for it, and may have brought the legal community’s stake to something more like 25% or more in both campaigns.

The other Justice (Rebecca) Bradley was first elected in 2016 on a $900,000 campaign of which (rather oddly) nearly $200,000 was raised from retired and non-income-earning citizens, and Justice Kelly was appointed to fill an unexpired term, so their campaigns were not studied.    Dallet replaces a conservative retiring Justice Michael Gableman, elected in 2008, whose campaign was not studied, since Abrahamson’s 2009 campaign serves as the pre-Citizens United comparator.    Overall, his 2008 campaign ran slightly more than $300,000 of which only about 15% was funded by lawyers and lobbyists.   He contributed less than $1,600 to his own campaign, mostly in petty cash items of odd amounts.

Justice Shirley S. Abrahamson**, 1979/2009
(Liberal)
On the heels of  Annette Ziegler’s  $1 million + run in 2007, former Chief Justice Abrahamson raised nearly $1.3 million for her third (and by far, most expensive) re-election campaign in 2009, the year before the Citizens United decision was handed down by SCOTUS.    Of this, Justice Abrahamson contributed nearly $100,000 of her own funds that year.   Out of State contributions amounted to about $35,000, from mostly businesses and political interests. The term for this successful run expires next year, 2019.    This data indicates that rather than Citizens United being the cause of the ramp-up in special interest funding of judicial campaigns, this democracy-toxic SCOTUS decision may have, in part at least, been actually driven by these conditions.

(please click to enlarge details)

From this, we clearly see that the trend toward domination by law firms (and legal industry retirees) of the overall campaign funding had its explosion prior to Citizens United, especially for “progressive” candidates.    Could it have been that the landmark SCOTUS decision was a reactionary move on the part of the conservative Justices to this trend in Wisconsin and other major states?    There was an abundance of twists, turns, reassignments and re-arguments in this case, including (or possibly accommodating) a very controversial reversal of process by the conservative majority to broaden the scope of their ruling from the narrow question originally brought before them, and profuse, circular, contorted reasoning to justify doing so in the final Kennedy majority opinion, which could hardly be in reference to anything but the impact on judicial elections and the separation of powers overall.

There is certainly plenty of evidence in Justice Stephens’ dissenting opinion that the impact on judicial elections was indeed debated among the Justices:

And it underscores that the consequences of today’s holding will not be limited to the legislative or executive context. The majority of the States select their judges through popular elections. At a time when concerns about the conduct of judicial elections have reached a fever pitch, see, e.g., O’Connor, Justice for Sale, Wall St. Journal, Nov. 15, 2007, p. A25; Brief for Justice at Stake et al. as Amici Curiae 2, the Court today unleashes the floodgates of corporate and union general treasury spending in these races. Perhaps “ Caperton motions” will catch some of the worst abuses. This will be small comfort to those States that, after today, may no longer have the ability to place modest limits on corporate electioneering even if they believe such limits to be critical to maintaining the integrity of their judicial systems. …”

Quoting former SCOTUS Justice Sandra Day O’Connor’s 2010 unofficial commentary (she left the court in 2006),

“[After Citizens United], we can anticipate labor unions’ trial lawyers might have the means to win one kind of an election, and that a tobacco company or other corporation might win in another election. If both sides open up their spending, mutually assured destruction is probably the most likely outcome. It would end both judicial impartiality and public perception of impartiality.”

Stepping back for a look at the “big picture”, it almost goes without saying that if massive special interest donations deliberately and intentionally (according to the SCOTUS majority) drive judicial elections, particularly dominated (as it apparently stands) from the practicing and retired legal community, calling these judgeships “nonpartisan” is a sham that borders on insulting the intelligence of the citizenry.    Indeed, “standerinfamilycourt” is a very new resident of Wisconsin, yet was able to reliably tell whether each candidate was conservative or liberal just by looking at the donor list.   Furthermore, the  “donor class” forking over the big money didn’t exactly get where they are today by personal oblivion and recklessness with their money.   If they didn’t firmly believe, despite the rhetoric and propaganda, that all judges and justices these days “legislate from the bench”,  and (even worse) uphold constitutionally-offensive legislation regardless of the merits of the case before them, they would keep their wallets and purses firmly zipped.   Even more telling is the staggering amount of money successful individual judicial candidates contributed to their own campaigns, particularly re-election campaigns, sometimes amounting to almost three times the amount that their entire first campaign took in from all contributors.  Who would do this if they didn’t realistically expect a serious financial return on those funds over the course of their 10 year term?

Indeed, the separation-of-powers damage left in Wisconsin in the wake of Citizens United is further exacerbated because SCOWI has installed some of the most toothless recusal rules in the entire country — and the majority on that bench has the final say, despite two enacted statutes intending otherwise.    A group of retired judges brought a petition in 2017 for reform of the recusal rules.  Emboldened by the constitutional hijacking in the Citizens United case, conservatives who control the Wisconsin court said the proposal would “interfere with the free speech rights” of those who run ads and engage in other campaign-like activity.

“I believe as a matter of law it cannot stand constitutional or structural scrutiny,” Justice Annette Ziegler said of the proposed rule. ,

“The petitioners here have asked us to do something that does not comport with the constitution as I view it.”     As she views it: that is, through the fouled lens of her nearly $1 million 2007 investment in her own career, upon which it “isn’t constitutional” to deny her the maximum pecuniary returns that the market will bear.  But Ziegler here goes a step further than even Anthony Kennedy, since the issue she so glibly applied Citizens United to is recusal: in so doing, is she not intrinsically saying that not only must the political bribes be protected as “speech”,  but the eventual effectiveness of the quid-pro-quo (from her contributors) must also be guaranteed through her own actual speech?   Is it rocket science to predict what would happen to the level of those donations if their degree of illicit influence was diluted?  It is against this kind of backdrop that the arrogance of the court is unmistakable in the further comment by the conservative majority that the petition for reform was “disrespectful” of the foxes guarding the henhouse.

 

Solutions, Anyone?

As we’ve seen,  there is no longer any such thing as a “non-partisan” judicial election (if there ever was), just as there is no such thing as a “no-fault” divorce.    Both are political myths that the public swallows without much insight — until they and their family personally get burned.    Those states who have such systems, or have partisan elections, including Alabama, Arkansas, Georgia, Idaho, Illinois, Kentucky, Louisiana, Michigan, Minnesota, Montana, Nevada, New Mexico, North Carolina, Ohio, Oregon, Texas and Washington, have effectively waived the separation-of-powers check and balance, until they take action to adjust to Citizens United, and to any additional damage their legislatures may have done in response under the “guidance” that “money is speech”.      Twenty four states were reported as of 2016 to have an appointment system for selecting judges and justices and / or retention elections.   California, New York and Utah are among these.

Justices should be appointed, according to Justice At Stake, at least at the top level, making it likely this would require some states to amend their constitutions.   The fact that lower appellate court judges (who are required to hear all appeals), currently know that big money is going to dictate who’s on the state’s highest court, and it inevitably reduces their independence and objectivity as they would normally seek to avoid having their decisions overturned can now predict ahead of time where they will not be overturned, just by who campaign donors were.   Ditto for trial judges further down the chain.

The policy think-tank, the Brennan Center contended in a 2010 white paper that the most effective national remedy for self-dealing, in a “money is speech” world, is public funding of judicial elections.  Wisconsin seems to be a classic case study in why this recommendation actually resolved very little.   That very year, Wisconsin enacted legislation doing just that.    A 2011 paper by The Brennan Center extols the reduction in such contributions afforded by the availability of public funds that resulted from the reform, which provided $400,000 to candidates voluntarily availing themselves of those funds, touting the 2010 contest between incumbent Justice Prosser and challenger Judge JoAnne Kloppenburg.   We’ve seen with several examples where actual partisan contributions in the seven-figure range in Wisconsin dwarfed that amount long before enactment of public financing.    After enactment, the availability of these modest public funds indeed reduced partisan donations from the typical seven figures to  the high six figures in most races that followed.    It seems a bit more of a stretch to argue that this modest result changed too much, in the scheme of things.  Citizens United, after all, guaranteed that the two systems must now coexist, and independent direct media spend by special interest groups favoring a candidate outside of campaign contributions can easily dwarf both categories.

Wisconsin media liberals have a different “fix” to tout, namely a sixteen year term with a one-term limit.    “standerinfamilycourt” fails to see where this proposal addresses any of the underlying evils that result from the current scheme.    Although sixteen years might reasonably occupy one half to one third of a jurist’s remaining career, will it improve his or her independence in a world where, even without re-election pressures, half of the funds that won the seat came from fellows in the legal profession?    Unlikely.

Judicial corruption amounting to the breakdown of constitutional separation-of-powers impacts the integrity of the biblical family more severely by far, and with far more lasting national consequence, than arguably any other area of life or commerce.    Unilateral family-shredding for profit is a sadly bi-partisan affair, since legal practitioners on both sides of the political aisle profit handsomely therefrom.    Law firms dominate the election funding process only  to a slightly greater degree for leftist jurists than for “conservative” jurists, and one does not need to favor a traditional family structure to still be deemed a “conservative”.    Finally, unlike virtually every other kind of constitutional violation under the sun, no-fault marriage “dissolution” cases are effectively cordoned off from recourse to the Federal courts unless there are homosexuals involved.

Given that the checks and balances in our constitutional republic functioned fairly well for the 200 years before the moral breakdown of society rendered it substantially less able to raise unselfish citizens who are motivated by the long term public interest, national repentance before God, and according to His standards, is likely to be a necessary part of reforms that will ultimately succeed.    When a nation persistently thumbs its nose at His commandments, He simply removes His hand of protection, and after many opportunities to repent, He finally gives them over to their own self-destructive ways.

The elders are gone from the city gate;
    the young men have stopped their music.
Joy is gone from our hearts;
    our dancing has turned to mourning.
The crown has fallen from our head.
    Woe to us, for we have sinned!
– Lamentations 5:14-16


www.standerinfamilycourt.com

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

 

 

Does Abolishing “No-Fault” Have Parallels to Abolishing the Slave Trade?

Amazing-Grace-movie-posterby Standerinfamilycourt

Do not rob the poor because he is poor,
Or crush the afflicted at the gate;
For the Lord will plead their case
And take the life of those who rob them.
– Proverbs 22:22-23

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 of Antioch, “Epistle To The Ephesians,” c. 105 A.D.

This blogger can still recall reading  Harriet Beecher Stowe’s famous novel, Uncle Tom’s Cabin to our children many years ago, while absolutely sobbing at the scene where two slave families were about to be cruelly pulled apart in a commercial transaction and sent to different plantations, with absolutely no respect for the God-joined holy one-flesh bond of matrimony between the two covenant husband and wife entities, and their God-ordained bond with their covenant children.

” ‘Mas’r aint to blame, Chloe, and he’ll take care of you and the poor’ … Here he turned to the rough trundle bed full of little woolly heads, and broke fairly down.  He leaned over the back of the chair, and covered his face with his large hands.   Sobs, heavy, hoarse and loud, shook the chair, and great tears fell through his fingers on the floor: just such tears, sir, as you dropped into the coffin where lay your first-born son;  such tears, woman, as you shed when you heard the cries of your dying babe.   For, sir, he was a man, and you are but another man.   And, woman, though dressed in silk and jewels, you are but a woman, and, in life’s great straits and mighty griefs, ye feel but one sorrow!

” ‘And now, ‘ said Eliza, as she stood the door, ‘I saw my husband only this afternoon, and I little knew then what was to come.  They have pushed him to the very last standing place, and he told me, to-day, that he was going to run away.  Do try, if you can, to get word to him.  Tell him how I went, and why I went; and tell him I’m going to try and find Canada.  You must give my love to him, and tell him, if I never see him again,’ — she turned away, and stood with her back to them for a moment, and then added, in a husky voice, ‘tell him to be as good as he can, and try and meet me in the kingdom of heaven.’  “

Centuries of this cruelty not only offended God, but had severe consequences on the nations involved, such that the regime eventually confronted God’s hand of long-awaited justice in abolishing that offense against humanity.   More importantly, because of a small band of godly saints who were faithful and long-suffering to carry out their Holy Spirit assignments, retaining their resolve and their trust in Him in the face of overwhelming opposition, God’s more severe judgment on at least one nation (and probably two nations) was averted.

“Christian” accommodation of so-called “no-fault” unilateral divorce has taken Christ’s church in the western world into the deep pit of serial polygamy in just two generations.   And what, exactly, do we mean by “serial polygamy” in this comparison?     Quite simply, it is using man’s immoral civil laws to reject the spouse God joined us to, in order to “marry” another while the rejected spouse lives  – something that Jesus called ongoing adultery at least five separate times in canonized scripture.     There are many excuses offered up for this, and there are even more numerous luminary “men of God” who will tell you it’s okay under “God’s grace” based on some man-contrived excuse.      However,  God repeatedly said, in Old Testament and in New Testament times. it is not okay, nor is it without horrible consequences for families, church and nation.

Those harsh, inevitable generational consequences don’t “sift” through the humanistic web of excuses in order to selectively apply themselves according to the Westminster Confession-sanctioned “exceptions”.   Those consequences ultimately come from the hand of God, as thistles and thorns in the Garden; from the One who entertains none of the human excuses.    He is the One whose hand individually creates each one-flesh union as an inseverable entity, Who then covenants unconditionally with that individual entity, then declares that they will never be two again in this life.    This universal indissolubility of holy matrimony is why Jesus called all non-widowed remarriage adultery — the original parties are still married in God’s eyes, and anyone else subsequently posing as “married to” either of the two original covenant spouses are bearing false witness to the world while they are  defiling their vessels.   Pastors who perform “weddings” where there is an estranged, living spouse on either side are therefore violating the Third Commandment by misusing the name of the Lord to attribute to Him a vain act.

Though only one spouse wants out of the  holy matrimony covenant of their youth, a scene similar to the slave sale in Uncle Tom’s Cabin is played out in “family courts” across the land on a daily basis, forcibly pulling covenant spouses from each other, and  children from one of their parents (and it’s usually the most responsible and moral of the two, due to the perverse financial incentives involved), while attempting also to tear and sever the God-joined one-flesh entity created by His hand.   Both spouses and their children are literally reduced to being treated as the chattel property of the prevailing legal regime, with an inexcusable motive to illicitly accrue profit to various parties who are external to the victimized families.

Near the start of SIFC’s post-decree journey through a constitutional appeals case,  amidst outreach efforts to others in the marriage permanence movement,  the establishment of social media pages to advocate for the full repeal of unilateral divorce and to urge profound moral reform in the church, there was also the very influential opportunity to read another book, Amazing Grace by author Eric Metaxas.   This is the story of British Member of Parliament, William Wilberforce, who became an unusually strong, spirit-led Christ-follower in the days shortly after being elected to the House of Commons.     Thanks to the author’s vivid capture of the details of Wilberforce’s spiritual awakening, we see the arduous journey which followed to build a movement, in the name of the Lord, that ran counter to both the entrenched church and equally-entrenched legal system interests,  and like today,  this threatened some extremely powerful, wealthy economic interests in both institutions.

Metaxas makes it possible to see the strong parallels of the story of this journey to abolish the slave trade with the struggle we are currently in, to abolish all the church and legal system trappings, along with the special economic interests that are adverse to the kingdom of God, and adverse to the God-established “kingdom” and constitutional rights of covenant families.    This book not only deeply inspired this blogger, but in a very real sense, it provided strong insight into the nature of the battle that lay ahead.   This book is a really good read for everyone in the marriage permanence movement, and our blog post about it will hopefully be an interesting, thought-provoking introduction.

( FB profile 7xtjw  SIFC note:   At the present time, author Eric Metaxas adheres to his Eastern Orthodox upbringing which teaches that holy matrimony is dissoluble under some circumstances including adultery.    He aligned strongly with Donald Trump in the 2016 U.S. presidential elections and with the political forces of social conservatives who consider unilateral divorce to be an undesirable thing, but not necessarily the central moral issue of the day, nor an intrinsic religious freedom violation.    He most likely would be surprised to read of his contribution to the marriage permanence movement through the book he has written.   He is in a covenant marriage himself, by true biblical standards. )

There were many prevailing obstacles to justice in America and England in the late 18th century that are remarkably similar to roadblocks the “stander” community, and others who advocate the abolition of the vile practice of serial polygamy, must successfully confront today, and must skillfully navigate through.    As with Wilberforce and the broad coalition he helped to form,  skill wasn’t everything, because he “battled not against flesh and blood, but powers and principalities and dark forces in the spiritual realm“,   just as the apostle Paul warned in Ephesians 6.    God’s hand, and awaiting God’s timing were also necessary, so this abomination was very much “prayed down” and “fasted down”,  while the visible events were unfolding by God’s hand in the circumstantial realm over a long period of time.    The encouragement that SIFC would like to leave with readers is the historical evidence that evil, seemingly impossible “mountains” are indeed picked up and thrown into the sea by the hand of God, in response to the faithful prayers, and advocacy efforts of His saints; efforts taking many forms but working together in key ways orchestrated by Him.

So, what all was going on back then to misappropriate the word of God so as to prop up the immoral slave trade?  How did it resemble the backdrop to today’s moral slide of the church and society so that it broadly institutionalized the sin of marrying another while having a living, estranged true spouse, following man’s divorce (that which Jesus clearly and consistently called ongoing adultery)?     Let’s take a look:

  1. Entrenched religious beliefs prevailed that had no true scriptural basis.   England had been a mix of Druid and Catholic rituals for centuries before the Reformation, with Catholicism gaining the upper hand by medieval times.    By the time Wilberforce came of age, it had been about 250 years since Henry VIII had established the Church of England, which retained many characteristics of the Roman Catholic church, despite key doctrinal differences, coming to be known as “High Church” because elaborate liturgy was retained from Roman Catholic liturgy, where the congregation was able to continue worshiping  rather passively rather than pursue true discipleship.    One of the key doctrinal differences between the Church of England and the Rome Church, of course, was the profound disagreement over marriage, both its indissolubility as a sacrament (or not) and the propriety of civil jurisdiction rather than church jurisdiction over it.     Born, as the new Protestant doctrine was, out of a mix of the lusts of Henry and the humanism of Erasmus,  in this particular instance, rightly-divided scripture was still on the side of the Catholics.    However, it was the Anglicans who happened to be and remain in power by 1648 and beyond.   

That said, adherence to Catholicism was still strong in Britain, including belief that priests can absolve sin without the actual cessation of that sin.   Salvation is believed to be imparted by repeated communion rather than a taking up of one’s cross to follow Christ.   Because of the belief that only nuptials between two baptized partners are to be considered “sacramental”, and hence indissoluble,  it is likely that slave marriages were considered dissoluble as best benefitted the trade.

Meanwhile the Westminster Confession of Faith was drafted and ratified in the British Parliament in 1648 just a little more than 100 years after Henry formed the Church of England.   Many aspects of the WCOF were an extrabiblical overreaction to various heresies of Roman Catholicism, while other aspects were appropriate responses to genuine errors in RCC doctrine or to abusive practices that arose in the 300 years just prior, resulting in biblically-supported truth mixed with biblically-unsupported heresy in the total doctrines of the WCOF.

For example, Chapter 3 affirms the Reformed doctrine of predestination: that God foreordained who would be among the elect (and therefore saved), while he passed by those who would be damned for their sins. The confession states that from eternity God did “freely, and unchangeably ordain whatsoever comes to pass”.
By God’s decree, “some men and angels are predestinated unto everlasting life; and others foreordained to everlasting death.”
As with the Catholics, this doctrine did not promote much soul-care for the Negro slaves, and is biblically unsupported, since there is a distinction between God’s fore-knowledge and fore-ordination.

The Lord is not slow about His promise, as some count slowness, but is patient toward you, not wishing for any to perish but for all to come to repentance.  – 2 Peter 3:9

Chapter 17 presents the doctrine of the “perseverance of the saints”, which holds that it is impossible for those effectually called to “fall away” from the state of grace or, in other words, lose their salvation.  This doctrine, in effect, allowed for the powerful to oppress the helpless, without concern that God would ever hold them accountable, since Jesus  was claimed to have died for their future sins.    As has become the case today, it is popular “wisdom” to claim that people have no hope of living a holy life, so the purpose of grace is to attribute Christ’s righteousness to a passive worshiper who may continue on in their transgressions.     In proper context, the term “perseverance of the saints” (referred to several times in the book of Revelation),  actually means quite the opposite of what is declared in the WCOF.    Scripture repeatedly shows that this perseverance means bearing up under persecution without becoming apostate in response.    Just as the WCOF has the effect of deadening the conscience to proclaiming Christ’s standards for lifelong marital faithfulness as being “too high” to realistically attain in the 21st century,  the Confession had the effect of deadening the conscience of those involved in the slave trade to the sanctity of all human families.

Now the parable is this: the seed is the word of God.  Those beside the road are those who have heard; then the devil comes and takes away the word from their heart, SO THAT THEY WILL NOT BELIEVE AND BE SAVED.   Those on the rocky soil are those who, when they hear, receive the word with joy; and these have no firm root;  THEY BELIEVE FOR A LITTLE WHILE, AND IN TIME OF TEMPTATION THEY FALL AWAY.   The seed which fell among the thorns, these are the ones who have heard, and as they go on their way they are choked with worries and riches and pleasures of this life, and bring no fruit to maturity.   But the seed in the good soil, these are the ones who have heard the word in an honest and good heart, and hold it fast, and bear fruit with  perseverance.”    –  Luke 8:11-15

Finally, the pivotal Chapter 24 covers Reformed teaching on marriage and divorce. Marriage is to be heterosexual and monogamous (if consecutively so). The purpose of marriage is to provide for the mutual help of husband and wife, the birth of legitimate children, the growth of the church, and preventing “uncleanness”,  according to the confession.   The confession discourages interfaith marriage with non-Christians, Roman Catholics, or “other idolaters”.   In addition, godly persons should not be “unequally yoked” in marriage to “notoriously wicked” persons.  Incestuous marriage, defined according to biblical guidelines, is also prohibited.  (Heretical parts V and VI hold that the only grounds for divorce are “adultery or willful abandonment by a spouse.” )     Jesus and the prophet Malachi, however, held that men are delegated NO authority to dissolve an unconditional covenant to which God remains a party, nor to sever the one-flesh entity God’s hand created.   Only physical death does that, according to the apostle, Paul.   Hence, any discussion about “grounds” in the WCOF becomes utterly moot before the unchanging marriage  law of God, and Henry, self-proclaimed as the first Head of the Church of England, is exposed as the wicked serial polygamist he actually was all along when measured against the biblical standard.

While great atrocities were involved in capturing slaves and transporting them across the ocean, after which they were often cruelly warehoused and their diseases masked until sold, it is clear that slave traders who forced apart one-flesh spouses, and “family court” judges who do so have much in common.  This is true both morally, and in the consequences to society, as well as to the eventual fate of the whole nation due to the resulting corruption of the progeny of those impacted.

The 2007 film version of Amazing Grace  opens with a narrative graphic which reads, “by the late 18th century over eleven million African men, women and children had been taken from Africa to be used as slaves in the West Indies and American colonies …   The slave trade was considered acceptable by all but a few.     Of these, even fewer were brave enough to speak against it.”

By comparison, between 1970 and 2015 (roughly one-tenth of the elapsed time since the commencement of that trade up to Wilberforce’s day), more than three times as many U.S. families had been forcibly “dissolved” in the “family courts” of the 50 states.   Likewise, all but a few of the Christian citizens of these states considered this practice morally acceptable (and fully effectual in God’s eyes despite much scripture to the contrary).    A small but increasing number of these few began to  develop the courage of conviction to suffer the immense social and economic costs of speaking against it.   

2.  The church was profoundly corrupt and slowly dying.    A church that is founded on heresy, expressly in order to facilitate (and propagate forward) sexual sin, as the Church of England indeed was, is doomed and dying from the outset, unless true revival comes along to rescue it.     So is today’s “mega-church” established for much the same purpose, to concentrate wealth and power in the hands of those living in open defiance of God’s laws which they disagree with, while having a cover of what in those days was called piety, and in our day would be called “evangelicalism”.   In far too many of these mega-churches, “church discipline” is called out on the wrong party, such as the repenting prodigal who would leave an adulterous, legalized union to return to his or her covenant family,  and far too many churches are led by men and women who are themselves living in legalized adultery with someone else’s God-joined, one-flesh partner rather than with their own.    The scriptures forbidding even this are re-interpreted to “permit” the abomination of consecutive polygamy in the clergy, rendering any protest against LGBTQ(xyz) excesses, instantly hypocritical.    Hence, the literal “husband of one [living] wife”, understood perfectly and consistently practiced by “less-sophisticated” saints for centuries,  of late becomes “one-woman man” (until tomorrow, at least)  in our contemporary bibles.   God’s amazing sense of humor used adultery matchmaker Ashley Madison to debunk that notion a couple of years ago.   How many of those “one woman man” pastors were removed as a result?

But  as it turns out, revival did come and rescue the corrupt Church of England during Wilberforce’s life, and as it happened, God through various circumstances brought several key people into his life while he was still a boy.    Though he was born and raised in the northern province of York, family hardship brought him to live by the age of ten with a wealthy, aristocratic aunt and uncle in Wimbledon, near London, who were close to George Whitefield and other figures of the first Great Awakening.    Author Metaxas describes the conditions in the English church of Wilberforce’s young manhood thusly:

“One’s ‘spirituality’ was confined to one’s rented pew.    One attended one’s church and one stood and one kneeled and one sat at the proper times and did what was required of one, but to scratch beneath this highly lacquered surface was to venture well beyond the pale and invite stares and whispers and certain banishment.   Wilberforce was from the beginning as serious as he was charming and fun-loving, and his sensitive and intellectual nature was now, at Wimbledon, for the first time fed something far more satisfying than the niceties – the thin gruel and weak tea of High Church Anglicanism.”

So then, what historical forces reduced Christ’s English bride to such a debased state, some 200 years after the Reformation?    Unfortunately, the sad answer seems to be — the Reformation itself.    We’ve already visited the  heretical elements of this church’s creed adopted in that same Parliament 100 years earlier than Wilberforce’s day, which formed a rotten foundation upon which those “rented pews” actually sat.

My brethren, do not hold your faith in our glorious Lord Jesus Christ with an attitude of personal favoritism.  For if a man comes into your assembly with a gold ring and dressed in fine clothes, and there also comes in a poor man in dirty clothes, and you pay special attention to the one who is wearing the fine clothes, and say,  “You sit here in a good place,” and you say to the poor man,  “You stand over there, or sit down by my footstool,” have you not made distinctions among yourselves, and become judges with evil motives?   Listen, my beloved brethren: did not God choose the poor of this world to be rich in faith and heirs of the kingdom which He promised to those who love Him?   But you have dishonored the poor man.  Is it not the rich who oppress you and personally drag you into court?   Do they not blaspheme the fair name by which you have been called?
–  James 2:1-7

While today’s spiritual deadness is clearly driven by the pursuit of sexual immorality that has gained the near-universal complicity of contemporary church leadership,  the spiritual deadness of that day was driven by the bloody, mutual, church leader-led violence between Protestants and Catholics which had given Jesus a truly bad name, and had turned people off to religion altogether, creating this ritualistic veneer that was not allowed to go too deep.     The violence, in turn, was driven by the clergy’s thirst for retaining (or gaining) power over the population, causing religious opponents on both sides to be martyred, and causing a series of wars between the “saints”.      (In “standerinfamilycourt’s”  happier days with evangelical friends and intact covenant family, the oft-played board game “Risk” was jokingly dubbed “Evangel” due to the conflict between Christ’s way of building the kingdom of God versus the counterfeit that had taken hold as an evil fruit of the Reformation where Protestants returned Catholic violence and persecution in-kind. )     Of course, all sinful departure from Christ’s methods, be it sexual or be it violent power-grabs “in the name of Jesus”, leads to a hardening of hearts, we are warned, and this leads to falling away (apostasy), notwithstanding Chapter 17 of the WCOF.    Certainly, Christian-on-Christian violence must have had a devastating and dehumanizing effect on British society in Wilberforce’s day.     Are there not “rented pews” today in the evangelical church?    Is a fee not paid today by the legalized adulterers in the post-unilateral divorce world to occupy seats as an illicit pair or “blended family” that faithful 1 Corinthians 5 church governance would have otherwise denied them unless they severed those faux ties?   Paul, after all, said “do not even eat with such….I have decided to turn [him / them] over to satan, that [his / their] soul(s) may be saved in the day of the Lord.”

Britain formally sat under a false state religion, as she still does today.   By failing to maintain her sexual purity, hence her sovereign biblical family structure,  America and other western nations today also sit under a state religion that is not formally acknowledged but is nevertheless very real in asserting its antichrist power over all of society.    That state religion is secular humanism.    And secular humanism just loves to play “dress up” these days in Baptist, Pentecostal and mainline “Christian” garb–and even Catholic frocks, of late, in the form of Chapter 8 of Pope Francis’ Amoris Laetitia.

3.  A tiny (deemed) “cult” slowly became instrumental in moving the culture.    The evangelical aunt and uncle who took Wilberforce in as a boy was (providentially) childless, which made the young man the sole heir to their homes and fortune when they “graduated to heaven”.    This put great financial assets into his hands, as well as influential and powerful friends of godly character into his life.  He was best friends from university days with William Pitt, his agnostic contemporary who eventually became Prime Minister.      Wilberforce came to faith, and received Spirit-led discipleship as a young MP  under the direct influence of Whitefield, the Wesleys, and ex-slave trader, the Rev. John Newton.    All true disciples of Jesus come to understand that every scrap of time, treasure and talent that God pours into a life ultimately belongs to Him, loaned, as it were, for the purpose of building up the kingdom of God.    As did the three biblical slaves with the varying number of “talents” given by their master, we will one day give an account for our stewardship of these resources.   Instead of suppressing truth to those under our care for ill-gotten gain, and appeasing the ungodly resource-holders to build our own vast empire (without the slightest regard for these souls), we are expected to invest what we already have been given into helping deliver as many souls as possible safely into the doors of the great banquet hall where the wedding supper of the Lamb is to be held.    Wilberforce understood this, as did the other Spirit-led instigators of the First Great Awakening and the abolition movement.

It wasn’t long before Wilberforce felt led to sell his inherited properties and use the proceeds to establish a highly visible home church community, known as the Clapham fellowship,  on his friends’ adjoining properties, where true discipleship under the ministry of a community chaplain was fostered in the suburbs of London.    It also wasn’t long before the entrenched interests were derisively labeling the community of believers Wilberforce led, a “cult”.    Why was Wiberforce’s  physical community of believers so influential ?    “Standerinfamilycourt” believes it is because he established a very visible spiritual organism within that compound-based community, much like the 1st – 4th century church, where everyone could see the Christ-centered life walked out again.    Some 300 years before the internet could make the same sort of thing visible online, and draw like-minded but geographically dispersed people together for conferences,  this visibility from such a community was very important to influencing culture, by example.

(FB profile 7xtjw  SIFC note:The tiny Spirit-led wing of the body of Christ in that day was dubbed “Methodism”, which was an ecclesiastical slur.    We all know what eventually happened to “Methodism” in our day, following the Second Great Awakening,  and what in our day has even happened to Pentecostalism, as it followed “Methodism” in becoming the “Church of Thyratira” in the late 20th century, who today labels the interfaith community of covenant marriage standers–which is largely virtual due to the commonplace shunning of outspoken members by conventional church bodies, having its own pastors and lay leaders therefore, a “cult”.)

4.  The oppressed victims of the system were utterly dehumanized.   In the book, pages 96-100 detailed the inhumane conditions in which hundreds of captured slaves were chained together and packed into the lower airless holds of a slave ship with inadequate sanitary provisions, little food and no potable water.    These conditions culminated in the deplorable tale of the insurance fraud that was carried out on the high sea in 1781 aboard a Jamaica-bound slave ship named the Zong.   It was routine for any human dying aboard a ship to be buried in the ocean, whether a slave or not.  However, in this instance so many slaves were becoming ill that more than 100 live slaves were thrown overboard in order that insurance proceeds would replace the lost revenue from the slaves that had expired due to inhumane conditions.    The public exposure from the foiling of that fraud in English court the next year turned out to be a small amount of good out of a massively tragic crime against humanity.     A Cambridge protégé of Wilberforce’s, a young man named Thomas Clarkson, served as the “cub reporter” in documenting facts and evidence against the slave trade:

“He climbed aboard slave ships and measured the spaces allotted for the slaves; he purchased the ghastliest instruments of restraint and torture, from manacles and shackles to thumbscrews and branding irons.  There was a device to pry open the mouths of slaves who refused to eat. ”
(Page 116).

AG_Metaxas_Photo2.jpeg

It is unfortunate that the opportunities to expose in great detail the atrocities that routinely go on in “family courts” across the land are few and extremely costly.    Nevertheless, there are a few of us with either  the financial means or  time and pro se determination to resist the system,  allowing our case to go to trial for that very purpose.     Most county courthouses will not allow non-lawyers to take cell phones past a security checkpoint, yet in trial we will use the time (sometimes days) sitting in court to take notes on other cases we may observe, and some of us will go to the expense of obtaining the electronic transcript from our own case.     In the book, “Stolen Vows” by Judy Parejko (2001),  the author chronicles the abuses she observed as a court-appointed mediator.    Other authors such as Stephen Baskerville have written powerful books and articles exposing details of the corruption under which families are legally shredded.   In two blog pieces we shared in 2014 from The Public Discourse, a mother relates how she was stripped of her children for the noxious purpose of awarding custody to her homosexual husband and his same-sex partner.     Similarly, another article in the publication tracked the commonly-occurring instances of children being stripped from a blameless father who didn’t want the divorce and custody given to the mother whose live-in boyfriend committed violence and molestation of the children, in a cruel mockery of their “best interest”.    The dehumanization is well-captured in this crass excerpt from an appellate opinion handed down in an early constitutional challenge of the “no-fault” law:

“The state’s inherent sovereign power includes the so called ‘police power’ right to interfere with vested property rights whenever reasonably necessary to the protection of the health, safety, morals, and general well being of the people.  The constitutional question, on principle, therefore, would seem to be, not whether a vested right is impaired by a marital law change, but whether such a change reasonably could be believed to be sufficiently necessary to the public welfare as to justify the impairment.”
Walton v Walton, California (1970-1972)  28 Cal. App.3d 108

5. Massive economic interests were also deeply entrenched.    Although King George III was a devout Christian and had genuine concerns about the slave trade, the Crown had substantial revenue interests in the sugar plantations of the British West Indies, as did the Church of England herself.      Powerful members of Parliament had personal revenue interests either in the plantations or in profits from the slave trade or related maritime industries.   Port towns like Liverpool and Bristol were heavily dependent on the trade, much like some of the state capitol cities that would suffer economically today from a likely much-smaller government complex that would result from ceasing the societally-corrosive practice of forcing families apart without provable just cause.     In addition to this, it should sound quite familiar that the atrocities, as soon as documentation of horrifying details began to be publicly exposed, would be propped up (as an argument against doing the right thing and abolishing them) by playing one jurisdiction off against a neighboring jurisdiction.   It was argued that abolishing the slave trade in Britain would be a boon to the slave trade in France.    Ignored was the fact that a powerful moral example would be advanced (with accompanying publicity) by repeal in one or two states to start, and that societal,  as well as fiscal benefits– in the contemporary instance, would be reaped by the repenting jurisdiction(s).    The difficult but successful solution for Wilberforce’s allies was to relentlessly work the issue in both Britain and France.

Similarly,  the unilateral divorce industry amounts to more than $100 billion a year, directly benefitting members of the Bar, and a vast army of court mediators, social workers, mental health professionals, book-sellers, and even ministries.    This financial boon for a few, at the expense of society as a whole, comes at a cost of $200+ billion a year in transferred social costs to all taxpayers,  state and Federal.  These well-heeled political interests virtually own the press and have the means to  easily flood the media with emotional pleas for “abuse victims” whom, they moan, will be “trapped in abusive marriages”  if they should ever be forced to prove with tangible evidence that their marriage is abusive.     These misleading articles largely go unrebutted, due to entrenched interests even within the “faith, family and freedom” ministries and family policy councils in various states across the land.  The vast majority of these ministries decline to become involved in the repeal of unilateral divorce or the defense of its religious free exercise victims, either in prioritization of funding or in their public media output, even when there is a repeal bill active in their state legislature.    For example,  the family policy group, Texas Values (affiliated with James Dobson’s organization, Family Policy Alliance)  sent their president to testify before a 2017 legislative committee that they supported repeal, but not one written word was publicly released to refute the barrage of negative press against HB93 in that state.    All of the financial resources instead went toward battling issues like transgender bathroom bills, remarkably seen as more of a threat than the laws that directly order the literal shredding of families.     Although this reluctance to publicly advocate for the repeal of unilateral divorce laws may have varying factors based on the political climate and carefully-built political relationships in each state, the common issue seems to be a fear that large donors could be offended by marriage permanence efforts meaningfully impacting heterosexual family policy, as well as the false belief that there is likely not enough funding available through millions of small, passionate donors to offset such feared losses–despite the million or so new families decimated each year by forced divorce who would love to donate regularly to an organization showing true commitment to engaging their cause in a meaningful way.

Just imagine if the abolitionist movement had consisted of donation-based provincial councils tasked primarily with all the issues of managing the evil fallouts of the slave trade on society, who deemed abolition too unreachable a goal, so that they busied themselves with promoting legislation to increase the size of the slave berths aboard the ships, install more porta-potties, only allow slave traders to take people who didn’t have minor children in the hut,  et cetera– and doing so while reporting in to a Church of England board (who at the end of the day was financially-invested in preserving the trade).    If one can imagine this, our description seems quite analogous to the apparent relationship between some of these state FPC’s and Dobson’s Focus on the Family organization.

(FB profile 7xtjw  SIFC note:  As of the date of this writing, “standerinfamilycourt” has met two of the executive directors of state family policy councils face-to-face, and has hopes of meeting several more in the coming months and years to learn as much as possible about their constraints, to be of service where mutually beneficial, and to encourage them to diversify their donor base to include those in our movement, so that they can act more boldly in the marriage permanence realm.)

6.  God put together quite a colorful and diversely-tasked team.
When the Most High hears the cry of the afflicted and establishes His timeline for deliverance, everyone involved can count on divine appointments taking place.    He started assembling the abolition team when its most visible “champion” was just a small boy.   He began by tapping famous figures of the first Great Awakening in Britain, leading some slave traders to repentance and restitution, and surrounding those with born-again relatives in Wilberforce’s extended family.   To these, He added Christian attorneys, writers, artisans, poets, former slaves and doctors.  Wives of aristocrats opened their homes to bring these co-laborers together and make strategic introductions across an overseas network and even across social classes.  Each of these called individuals providentially contributed their gifts to the overall effort,  some prominently and some in the background.    Much like some in the marriage permanence movement who today create striking memes that drive home a point in social media, even the famous potter Josiah Wedgwood was tapped into service to create the iconic badge-like image “Am I Not A Man and a Brother?”  that found its way onto all sorts of popular items that were sold at the time.

In a very similar way,  the Lord has been bringing together 21st century artists, writers, bible scholars, linguists, in-place and displaced pastors, seminary professors, legal students, researchers, meeting organizers, videographers, conservative thought leaders and lecturers, courthouse monitors, conference hosts, legislators, constitutional attorneys and family policy directors to carry out a diverse range of divine assignments,  coordinated by the hand of God to one day topple the “Jericho Wall” of unilateral divorce.    Many of these groups of the like-minded would not interact with or even be aware of other groups if He also didn’t divinely provide individuals to form a bridge between them, yet He’s using some individuals to facilitate that very necessary function as well.    Instead of stately mansions where figures are invited and introductions are made, He is using technology and alternative media platforms to bring diverse co-laborers together.

7.  Reeking, shameless hypocrisy was the order of the day in the established church.     We have already described above, the profound moral decay in the Church of England, and the reasons behind it.    Here we will focus on some of what it took to break through that in the famous scene from the movie that was based on the book.    The majority of the power holders in the British Parliament were at least nominal members of the Church of England, while the handful of actual Christ followers who were influenced by the leadership of John Newton, the Wesley brothers, and George Whitefield formed house churches  such as the community at Clapham, which also had some wealthy and influential members in addition to Wilberforce.    They lived by godly example,  using large amounts of their wealth for the public good,  and maintaining sexual purity in their relationships, which really stood out in society, while they maintained warm friendships with the “lukewarm”, those who derisively called them “Methodists” and accused them of being a “cult”.     At an opportune time, Wilberforce and his Clapham peers arranged the famous boat tour of the harbor, complete with stringed quartet, wine and appetizers and full ballroom regalia.    This grand party was soon assaulted with the pungency of that which they would have much preferred to remain insulated from, as the party barge Reliant suddenly pulled up beside a slave ship called the Madagascar that evening.    No longer could the British ruling class and their consorts feign ignorance of the dehumanization and shipboard death that was taking place, literally under their noses.     This event, occurring in the middle of the 20-year abolition battle, required the development of quite a few well-networked allies of the cause in high and low rank in order to pull such a scene off.

Two events occurred in 2017 that could prove significant, and might be somewhat analogous to that unsavory boat party.     Repeal bills to redefine “no-fault” divorce back to its originally-intended (or at least, publicly-advertised) contours were introduced in two southwest states.    Partial repeal attempts had occurred in Michigan in 2006 and Iowa in 2013 but without much publicity that wasn’t rabidly oppositional.     What made the 2017 effort a bit different is that instead of a family policy ministry sponsoring the bills, one was introduced by an actual constitutional attorney-turned-legislator, and he brought a parade of constitutional attorneys to the committee podium who testified to the constitutional violations that riddle current law, which suitably-framed the testimony of the family victims of unilateral divorce who also testified.    This time, the hours of this testimony have been captured and posted to you-tube, through the efforts of local marriage permanence activists.     This is a bit remarkable because the family-shredding industry has been accustomed to a thick shroud of darkness whenever their empire is threatened.     Also remarkable is that every one of the churches in both states were so occupied with “rebuilding a culture of marriage” in their congregations, that none of them saw any worthwhile involvement in seeing that either bill to end the forced divorces of their members might come to an embarrassing Republican-dominated floor vote, letting them both die for this session.

Then in August, the Southern Baptist-allied Council for Biblical Manhood and Womanhood introduced The Nashville Statement, a manifesto taking dead aim at all the incarnations of homosexual practice, while odiferously looking the other way at prevalence of clergy-condoned (and clergy-practiced) serial polygamy that has destroyed the family structure in the evangelical church, hiding the destruction behind an adulterous thin veneer through which mass shootings, child-trafficking and transsexualism is all-too-prone to puncture.    There have been earlier manifesto campaigns in recent years, but this one was quite ill-timed, driven primarily by visceral reaction to the bathroom bills, but while unresolved memories were still fresh before the American public of the infamous serial polygamist, Kim Davis’ tone-deaf declaration in 2015 that she would “lose her soul” if she dared insult the holiness of God by issuing marriage licenses to homosexuals.   That had been an event which had suddenly reduced  the Leftist press to quoting scripture on major network newscasts.   Though the Who’s Who of the evangelical and Catholic worlds vigorously endorsed and signed the 2017 manifesto (which brazenly declared condoning homosexual practice as profoundly inconsistent with following Christ),  the CBMW has received scathing and voluminous public criticism as well as negative press coverage from both the scornful Left and the God-fearing Right.     (From this blogger, “standerinfamilycourt”, the celebrated and learned seminarians on the board of CBMW received a book called One Flesh” by Joe Fogel, and a frank, admonishing letter.)

Meanwhile, in the Roman Catholic Church, which has been so historically important to all moral reform of family laws, the release of Pope Francis’ Amoris Laetitia was causing deep despair and bewilderment among Christ-following Catholics over the Pope’s bid to liberalize clergy practices toward remarriage adulterers in those congregations, by liberalizing even further the vile practice of “annulment” and to allow those civilly “married” to the covenant spouses of others to take communion — a direct affront to Paul’s admonition about receiving the body and blood of Christ in an unworthy manner,  and of his further admonition that no unrepentant adulterer will inherit the kingdom of God.    The hypocrisy involved with Amoris was the preposterous chorus of Vatican “assurance” that changing church “practice” was not tantamount to changing church “doctrine”.      Since the only ministry with a national voice to publicly support the two unilateral divorce repeal bills was the Catholic-founded Ruth Institute,  we can only hope that this unfortunate and significant turn of events cements the desire for close alliance with our like-minded “cult” of evangelicals in the marriage permanence movement.

8.  Prayer and fasting was just as important as activism, if not more so.  The great John Wesley wrote Wilberforce twice, the first time near the start of his abolition journey, and also a few days before Wesley passed away.    Wesley wanted to be certain that Wilberforce understood that he battled not against flesh and blood, but powers and principalities; dark forces in the heavenly realm.     He put Wilberforce on prophetic notice that there will be demonic opposition at every turn, but urged him to persevere.    Much of the reason that abolition took as long as it did once the organized campaign was underway can be attributed to intervening events and demonic distractions, but still the battle was the Lord’s.

The current battle seems to boil down to an unrelenting conflict between the choice to surgically-excise the disease itself or manage the symptoms to reduce human suffering and impacts on society.    There is a widespread assumption that the disease itself is inoperable, and an almost irresistable temptation to hold to a form of godliness but deny His power.    These are strongholds which  the Lord will use the fasters and the faithful prayers in our movement to pull down supernaturally.

9.  Bringing (and keeping) a diverse coalition together was a key role that Wilberforce played as a leader in the movement.    As described earlier, God Himself started the process of bringing the abolitionist movement figures together two or three decades ahead of Wilberforce signing on, but He appointed key individuals (including Wilberforce) to build it to “critical mass” and keep it together over the arduous period of time needed to sustain a successful effort.     He seemed to provide a clear focal point to the various constituencies (which included Quakers, Anglicans, “Methodists”, just to use the diverse religious interests as an example) to what God wanted, and this took a lot of integrity, often very unpopular integrity.     At the end of the day, Wilberforce had the humility to overcome his own discouragement at setbacks to pull it off without backing down.    He had a thick skin, which is a quality almost as rare as focus and integrity, but indispensable because of the need to also manage the criticism or reluctance of insiders.

At the present time, if there is a Wilberforce-like individual to galvanize the factions and constituencies in the movement, it’s likely that this person is still developing and emerging.   Those who presently have the insight to visualize how the like-minded groups can and should be working together are obscure and seem not well-placed at this time.    There are bridges to build between the traditional Catholic leaders, who have a national voice but presently insufficient political power, and the small body of enlightened evangelicals in the movement who part company with the “reformed” evangelicals on the moral validity of non-widowed remarriage.   There are traditional differences to manage over side issues like the authority of the Pope and the validity or morality of “annulment” versus the evangelical principle of sola scriptura where scripture plainly forbids both doctrines.   Many of the national voices for divorce reform would prefer to focus on households with minor children, while setting aside the issue of ongoing 1st and 14th amendment violations against grandparent marriages which full repeal would rectify, and they have differences with those in the movement who consider divorce-remarriages immoral (as Jesus plainly did) due to valid, temporal concern for the children born of legalized adultery.

State legislators are emerging with a courageous vision for repeal, but perhaps are not yet well-enough connected with those who can lend them effective support, especially in the area of getting churches onboard with outright repeal efforts.    Far too few churches of any type are involved on the state level, and a great many erroneously believe that God “instituted” or “provided for” divorce.    The majority of “standers” and those who have repented of adulterous “marriages” are estranged from their churches, either by their own choice not to sit under deceived leadership, or because they’ve been formally or informally shunned for being perceived as a
“sower of disunity”.   In response, many such individuals in the movement do not consider contemporary church structure (what they derisively call the “pulpit / pew hireling model”) to be biblically or morally valid.

Many in the movement also do not think political activity of any type is of God.    State family policy groups tend to be underfunded and perhaps in need of diversifying their support.    The politically-connected national voices are sympathetic to repeal, but constantly get distracted by the symptoms of the disease, particularly each new emerging horror from rabid, militant homosexualism.    Other allied groups are the Parents’ Rights groups who want legal relief from these onerous laws, but aren’t necessarily in the repeal camp, and the divorced-and-remarried activists sympathetic to repeal efforts who are somehow finding the grace to work with the celibate “standers” who do not consider those subsequent civil-only unions biblically valid.   We each need to faithfully keep doing our perceived, assigned roles and keep praying to God for the break-through that pulls all of it together effectively.     Even a celibate, faithful stander who is not engaged in any other activity at all, except to serve others, makes a very loud statement to this culture, if they are consistent and are doing it out of a godly motivation.   

10.  It took decades of unrelenting effort and dedication to prevail.   As witnessed by a quote from the book,

“The line between courageous faith and foolish idealism is, almost by definition, on angstrom wide.    Wilberforce was quite right that a flame had been kindled and would not go out until it had done its work, but he had no idea that it would be twenty torturous years in the burning before its work was done.   And if the ‘work’ in question was not the abolition of the slave trade but the abolition of slavery itself, the flame would continue burning for another forty-five years.”
(Page 122)

…abolition of such a profoundly immoral institution was carried out on many battlefronts and required decades to bring about.    

By comparison, the dastardly and covert political events that stripped U.S. families of their most basic fundamental rights to liberty, property, free religious exercise, free association, right to jury trial when civilly accused, both procedural and substantive due process, and equal protection under the law, occurred less than 50 years ago.    The hope is that technology and God’s hand will accelerate the formidable process of overthrowing the regime, and that incremental reform efforts will fall by the wayside as time-wasters.    In the past ten years, there have been full or partial repeal efforts in at least four states, including Michigan, Iowa, Texas and Oklahoma.   The early efforts were abandoned, but hopefully the latter efforts will persist and gain support as various groups gain insight in how best to work together.    Only God could pull off the task of full repeal in all 50 states, but that’s no excuse not to work toward it in faith, with our eyes firmly fixed on the Almighty.   If a few states repeal, momentum can certainly be gained, but opposition can be expected to grow more fiercely as well.    As with ending the slave trade, the renewed moral authority of a chastened and repented collective church is going to be crucial, and there are many tactical steps the organized church could take to hasten the political process.    (This last topic will be covered in a future post.)

Recalling the wicked false analogy drawn by the LGBT movement to justify their immoral, totalitarian political aims by (invalidly)  comparing their vision to the U.S. civil rights movement, “standerinfamilycourt” has made these parallels with much fear and trembling before the Lord, trusting that this particular analogy is utterly valid, and is actually like-for-like.    May God’s will be done for our covenant families and for our morally-ravaged nation.

Your kingdom [must] come.   Your will [must] be done on earth as it is in heaven.   – Matthew 6:10

(FB profile 7xtjw SIFC: translation of this famous portion of the Lord’s Prayer is from Dr. Wilbur Pickering’s  The Sovereign Creator Has Spoken (2013), which is the only contemporary English language translation on the market today that is not based on the relatively incomplete Alexandrian manuscripts,  sexually-licentious 1880’s transcription work of Westcott and Hort [the “Standard” bibles], and tainted subsequent bible translation committees, often staffed with universalists and homosexuals.)

 

 

www.standerinfamilycourt.com

7 Times Around the Jericho Wall  |  Let’s Repeal Unilateral Divorce!

 

Will They Do It? Another State Attempts to Repeal Unilateral Divorce

KrauseFamilyby Standerinfamilycourt

It appears that the first major effort since 2006 by a state legislator to roll back so-called “no fault” (unilateral divorce) has been underway since the last session of Texas legislature, sponsored by Rep. Matt Krause, recently re-elected to a third term.

Rep Krause is the son of a Baptist pastor who attended Liberty University School of Law and is a constitutional attorney who opened up a branch of the Christian legal defense firm Liberty Counsel in Fort Worth, TX.  The  Krauses have four young children and are in their mid-thirties.

From a December 28 post by a local news service:

A one-page bill, filed by Rep. Matt Krause, R-Fort Worth, will make it harder for couples to separate, by ending [the “ground” of]  “insupportability”

FB profile 7xtjw SIFC: (“insupportability” is functionally equivalent to the civil charge of  “irreconcilable differences” in most other states.  Liberal bias in the press coverage often deceitfully implies mutuality in the assessment, by paraphrasing in terms like  “the couple can no longer stand” to live with each other.)

Per the Texas Statute, as currently enacted:

Sec. 6.001.  INSUPPORTABILITY.  On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.   Enacted, 1997

At some point between the original 1970 enactment of unilateral divorce in Texas and 1997, there was a re-write of the statute which Judy Parejko described in her 2001 book, “Stolen Vows”,  where the provision for mutuality in the petition was surrepetitiously  taken out of the enacted language.    From Day 1, the members of the Texas Bar refused to implement the law on that enacted basis, until they finally succeeded in changing it, just prior to the time that attorney Ed Truncellito brought his failed constitutional challenge of the false language in a 2000 case.    FB profile 7xtjw

The local article continues:

Krause says ending no-fault divorces would keep the family together as well as add protection to the spouse who might not want to split up.

“There needs to be some type of due process. There needs to be some kind of mechanism to where that other spouse has a defense,” said Rep. Krause, who filed the same bill last session.   He hopes lawmakers will pick up the issue earlier in the 2017 Legislative session.

He also filed a bill to extend the waiting period for a divorce from 60 days to 180 days.

MKrauseFB_post

What would a successful effort by Rep. Krause mean to the community of covenant marriage standers, also to repenting prodigals, in the highly unlikely event that this attempt to repeal “no-fault” (unilateral, non-consenting) divorce succeeds in Texas?  As is all too typical in the liberal press, this local article was written in such a way as to misinform the public on both sides of the issue.
Success is actually highly unlikely, especially without ardent support from the churches of Texas, who are more likely to ignore the bill, or give it only tepid support.   We attempted to contact Rep. Krause through his Facebook page, to ask him if he at least had the support of his state family policy council, but he did not respond:

We would like to follow the progress of your bill, Rep. Krause. What is the bill #, if we may ask ?

Another question: are you familiar with what author Judy Parejko wrote in her 2001 book, “Stolen Vows” about the original statute language in Texas,and the contrary way it was implemented?

Are there any Family Policy groups supporting you at all?

Thanks, and Godspeed! 
“standerinfamilycourt”

We must nevertheless keep praying for the coast-to-coast repeal of unilateral divorce.    The bill before the Texas legislature, introduced by Rep. Krause is HB93, whose progress can be followed here.    It is telling that its sponsor would like this bill to come up for a vote “earlier in the 2017 session.”    That’s because he had to re-introduce it, since it failed to be brought to a vote in the prior session.

 

TX HB93_2017

Texas does indeed have a family policy council:

Texas
Texas Values
Jonathan Saenz, President
900 Congress, Ste. 220
Austin, TX 78701
Phone: 512-478-2220
info@txvalues.org
txvalues.org

The 85th Texas Legislature is dominated by Republicans in both the House and the Senate, so grass-roots citizen efforts to support this bill would appear to be fairly effective, notwithstanding the stiff, well-financed opposition that is likely to come from the Texas Bar Association and the ABA.    We would strongly encourage our page followers living in Texas to take several practical steps to give this bill a chance for enactment:

–  go to your pastor and make sure he is aware of this bill.   It seems to be getting some publicity, but mostly biased and unfair publicity.   Ask him to contact Texas Values and state legislators in support of it.   Make sure your pastor understands the connection between unilateral divorce and gay marriage / threats to religious liberty, and that “Respondents” to a unilateral divorce petition were the very first Christians to lose their religious liberty on the altars of the Sexual Revolution.

contact Texas Values yourself, and ask them to support the bill with publicity spend and legislator contacts.  To their extreme credit, their page does call out unilateral divorce as an issue.    To their discredit, a perusal of their page shows that they’ve not done a blog piece on the bill from the time it was filed in November, 2016 to-date.   (You may also need to point out the religious liberty issue to them, and remind them of what was documented in the early constitutional challenge cases by actual Texas judges in the 1970’s.

– do the obvious and keep pressure on your state legislators to support the bill.   The other side will most certainly be doing so.

re-share this post, and ecourage everyone you know to do the same.

maintain supportive contact with Rep. Krause through the link to his page that we provided above.   Pray for him, and let him know it.

For now, we just make a few practical point-outs:

(1) If this succeeds, it’s a necessary matter for full repentence as a nation (and more importantly as a CHURCH) to help stay God’s hand of judgment on this nation at its true root.

(2) The last state to make this sort of attempt was Michigan in 2006. Despite the lonely backing of the Family Research Council, the effort was defeated by heavy, well-funded opposition from the Michigan Bar who argued that people would simply cross state lines to get their “blameless” divorce, saddling the state later on with administering it. (Ironically, most of the fee revenue to attorneys comes for years after the divorce if there are children involved — so this argument, while true in its first point was spurious and dishonest in its totality – just like this article.)

(3) Make no mistake, unless there is an option preserved for MUTUALLY ending a civil-only marriage by agreed peitition with agreed terms (only), this will make it infinitely more costly to repent of an adulterous or sodomus union entered into with someone else’s spouse. Imagine going into family court with a formal charge of adultery saying “I’m the adulterer, and she is as well, because only death dissolves her original covenant marriage, not the State of Texas, Your Honor.” (No 20th-21st century judge has ever cared that the bible makes it clear that remarriage is an ongoing state of adultery, as Jesus repeated in the same words at least 3 recorded times, and that dying in this state is a matter of heaven-or-hell, as Paul stated at least twice.)   There was a time when our judges did know this, and when they ruled accordingly.

(4) Repenting prodigals under Texas jurisdiction will need to be prepared to live apart from their noncovenant, counterfeit mate immediately, and for 3 years thereafter if the forced unilateral clause is removed without replacing it with a true mutual “no fault” petition — which (contrary to the bias of the local article), NO state has ever had.
(**Except for Texas, as noted above, but only on the statute books, not in practice or interpretation).
Hopefully, repenting prodigals will realize that man’s law is inferior to God’s law and that the latter is all that is required to live morally and righteously with their true, God-joined spouse. — Expect legal hiccups for the covenant family and fiery censure from the apostate church in the meantime! Here’s where the voice of true Christ-followers in the marriage permanence community is going to need to be more grounded and resolute than ever.

(5) No state is likely to gain any traction on this issue until the neighboring states do. And that’s unlikely until the church stops performing adulterous weddings or signing civil marriage licenses, thereby boycotting the culture of serial polygamy and all of its entrenched instruments including state “jurisdiction”.

Currently, fault-based divorces in Texas must fall into one of six categories: adultery, cruelty, abandonment and a felony conviction, living apart for at least three years or confinement to a mental hospital.    Rep. Krause was also quoted on January 8 by Maria Anglin of the San Antonio Express-News as saying he’d like for the three years to be reduced to one year if the petition alleges abandonment – in our opinion, not an improvement since most experts say that the average length of an extramarital infatuation is two years.   Texas is one of the few major states that still offers fault-based divorce, with Illinois repealing all fault-based grounds in 2015 in a profoundly immoral overhaul of its “family laws”.

We will do our best to establish contact with Rep. Krause and with Texas Values, so that we can keep you informed of progress.

www.standerinfamilycourt.com

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