As President Biden signs the “Respect for Marriage Act” I am reminded that after NYS was the last state to oppose unilateral divorce we switched our support for marriage to advising MEN – DON’T GET MARRIED. Be careful what you ask for was authored by Randall L. Dickinson, FaFNY VP in 2004! Shamefully, the problems outlined are still relevant today. Here it is in its entirety.
The recent Massachusetts Superior Court decision granting gays the right to marry and the highly publicized same-sex marriage ceremonies performed in San Francisco, are only the latest examples of what some are suggesting may become the most important social issue of the upcoming presidential election. As the debate intensifies, those on both sides of the social and political spectrum continue to define their positions on gay marriage, indeed, on the very definition of the institution of marriage itself. While those on the political left, backed by the Democratic Party and aided by the liberal press/media attempt to frame the issue as one of civil rights, conservatives on the right, backed by the Republican Party, promote a more traditional definition of marriage. Indeed, most recently, President Bush, himself, has called for a Constitutional Amendment that would clearly define marriage as being between one man and one woman.
Largely overlooked in all of the sound and the fury, however, is one aspect of the broader issue itself that gays and lesbians might want to ponder before proceeding much further on their quest for the Holy Grail of the homosexual agenda. Beyond the ideals of “marriage” and “family”, what are the realities associated with each in the late 20th and early 21st centuries; how have they evolved, what are the implications for those wishing to enter into the bonds of matrimony, and what happens when it all ends, and couples no longer wish to remain married.
Changes in state laws beginning in the early 1970’s have given a legal preference to any spouse wishing to leave a marriage, even if the other spouse wants to preserve the marriage and has done nothing to give the deserting spouse “grounds” for a divorce. Such laws have essentially acted to empower whichever party wants out, leaving the spouse who wants to preserve the marriage powerless to prevent its dissolution and with no recourse but acquiescence.
The marriage contract has, thus, been described as having been reduced to little more than a contractual economic partnership devoid of any legal protection. Maggie Gallagher states, in her book The Abolition of Marriage, that it has become “less binding than the average business deal. Marriage is one of the few contracts in which the law explicitly protects the defaulting party at the expense of his or her partner”. If all of our business transactions were conducted in a similar fashion, our national economy would collapse. With the marital contract now worth less than the paper it’s written on, why should we deceive ourselves into thinking that it is not having the same devastating impact on our marriages and our families.
Adding to laws that help facilitate the divorce process are others that drive the decision to initiate it. Research has shown that the single greatest factor in determining which party is most likely to file for a divorce is the expectation of being awarded custody of the kids. Along with the kids usually comes a whole range of other financial benefits, as well, including child support, alimony, the marital residence, and one half of the remaining marital assets. With most states still adhering to the standard sole custody model, wherein one party receives the kids, while the other is left to pay, it’s not difficult to understand how at least one of them may perceive little or no downside.
The elimination of any need to establish grounds for a divorce was based on the presumption that both parties are equally motivated to end a marriage, and was supposed to make the process less adversarial and more amicable. Today, 50 percent of all first time marriages and 60 percent of all second marriages will end in divorce, 80 percent of them initiated against the wishes and the will of one of the parties. Ooops!
Such public policies as these have been supported by both liberals and conservatives alike. Ironically, many elected representatives, jurists, legal “experts”, and social services “professionals” who advocate for the right of gays to marry, at the same time continue to resist any reasoned consideration of the impact these same policies may be having on the dual institutions of “marriage” and “family” and the trap that may await those who sail blindly into these uncharted waters.
Nor has the institution of the Church been any great help. While continuing to pay lip service to the ideals of strong marriages and healthy families, most churches today appear reluctant to address the issue of divorce for fear of offending their congregations, large portions of which having experienced the phenomenon of divorce either directly or indirectly in some manner. Preferring to go along in order to get along, many churches that haven’t chosen to ignore the elephant in the room altogether, have simply adopted a policy of acceptance. Rather than providing assistance for couples struggling to save their marriages, and admonishing them that the Church will not condone divorce as an option, some churches have, in essence, begun to legitimize divorce by performing so called “New Beginnings” ceremonies designed to help divorcing couples “move on” with their lives. Today the divorce rate among those professing to be Christians and who claim to attend church on a regular basis is higher than it is for the general population overall. Coincidence? Maybe, but it’s difficult not to draw certain inferences.
Before the gay and lesbian community becomes myopic in its passion for the equal right to marry, it might be wise to consider, as well, the need to lobby for the equal right to certain protections under the law following divorce. Matrimonial and Family Law, including those dealing with the custody of children, the “equitable” distribution of marital property, and child support standards are in desperate need of a major overhaul. Without such reforms, rather than embarking on a journey toward nuptial bliss, many gays and lesbians may find that they have unwittingly entered into a Faustian bargain, ending in the inferno of Divorce Hell. The message for gays and lesbians is crystal clear: be careful what you ask for; you might just get it.
Randall L. Dickinson resides and works in the Albany, New York, area and is Vice President of the Coalition of Fathers and Families New York, Inc. The Coalition of Fathers and Families New York, Inc. is a not-for-profit public information, education, and lobbying organization dedicated to the advocacy of family related issues and to preserving the relationship between fathers and their children. Its national affiliate is the American Coalition of Fathers and Children