Friday, July 18, 2003
 
JUST A NOTE: This quote from today's WaPo oped by Joan C Williams, a law professor who is associated with the Council on Contemporary Families, is a stunner (see Tom's blog below):

�And even if the children of divorce do not end up in literal poverty,� writes Williams, �they are less likely to reach their parents� social and economic level or obtain a college education.�

When I or my colleagues say exactly that, we're accused of trying to bring back the fifties and trap women in abusive marriages. But this oped author recognizes not only that divorce puts children at risk, but that there are varying degrees of risk. Even if many children of divorce don't end up damaged (living in "literal poverty") there may still be subtle but distinctive effects that run counter to our notions of how childhood should be ("they are less likely to reach their parents' social and economic level...") and they have less ability to achieve social goods that help to ensure a successful life (..."or to obtain a college education.")




 
AMERICA'S CHILDREN: The federal government's annual America's Children report has just been released. It mostly highlights good news but calls attention to the growing problem of child obesity. Here are the sections on family structure ("The number of parents a child lives with is associated with the economic, parental, and community resources available to children and their well-being. On average, the presence of two married parents is associated with more favorable outcomes for children both through, and independent of, added income.") and out-of-wedlock childbearing ("Children are at greater risk for adverse consequences when born to a single mother because the social, emotional, and financial resources available to the family may be more limited.") It's really encouraging to look at Figure POP7A and see the decline in birth rates for unwed teens.


 
According to the AP, the $300 million marriage promotion plan is "headed for approval."


Thursday, July 17, 2003
 
WHY DO MOMS STAY HOME? According to law professor Joan C. Williams, it�s the economy. In a thought-provoking op-ed in the Washington Post, Williams, who is affiliated with the Council on Contemporary Families, argues that more moms are staying home because our economy is structured around high levels of overtime work. Because of the male breadwinner norm, most fathers take jobs with many hours. Mothers�because they do most of the childcare�are forced to choose between high-overtime jobs, low-paying part-time work, or to just stay out of the workforce altogether.

What�s wrong with this picture? Williams identifies two weaknesses to with the traditional breadwinner/homemaker model. First, divorce. Because women sacrifice their earning potential by doing most of the childrearing, they�re left in a weaker economic position after divorce (indeed, divorce often benefits men economically). �And even if the children of divorce do not end up in literal poverty,� writes Williams, �they are less likely to reach their parents� social and economic level or obtain a college education.�

True enough. But is the breadwinner/homemaker model the problem here, or are high rates of divorce the real problem? To me it seems that role specialization becomes a problem when couples can�t be relatively certain that they�ll stick together.

According to Williams, the other drawback to the breadwinner/homemaker model is that it leads to a lack of father involvement with kids. Indeed, overworked dads are a problem. She writes, �Researchers report that father absence is a painful part of many childhood memories, particularly for boys. One recent study found that father absence also correlates with early sexual activity in girls.�

Again, true enough. Quite a number of studies indicate that father absence is a predictor of early sexual activity in girls. But I�m curious how the studies she cites define father absence. Is it that these dads spend too many hours at work, or that they�re gone from the child�s home entirely?

If Williams is concerned about parental time with kids, she also should be concerned about family structure. Not only do kids living with one parent get less parental time and attention than kids in two-parent homes, kids in two-parent homes even get more mom time than kids in mother-only homes.

Family structure issues aside, Williams makes some compelling points. She closes:
We need corporate and public policies that are family friendly. Corporate policies need to address the stigma that so often attaches to use of flexible work arrangements. And the issue of work hours -- of overtime gone wild and of the need for quality reduced-hours jobs -- should be placed on the public policy agenda at both the state and national levels. Only when government and business work together to end the family-hostile climate in U.S. workplaces will Americans get what parents want -- and children need.


UPDATE: A reader writes, "I'm all in favor of flex time and less careerism. But Williams' piece in the Post today ignores two fundamental findings that call into question her argument. 1) More mothers in America report that they would like to work part-time or be at home full-time than actually do so. If anything, market/consumer pressures push them into work rather than vice versa. 2) European countries like Germany and Netherlands with better benefits for parents have higher levels of stay-at-home mothers. So my bet would be that we would see even more stay at home and part-time working moms if we had better benefits for children and more flexible work arrangements."

UPDATE: Blogger Ms. Morality says moms stay home "because they want to."


 
THE COSTS OF DIVORCE: The Salt Lake Tribune has an interesting story on the broad economic effects of divorce, based on a report by Utah State University researcher David Schramm. Schramm estimates that divorce costs the nation about $33.3 billion each year. Steven Nock and Theodora Ooms are also interviewed.


Wednesday, July 16, 2003
 
It's a shame that Stephen Clark must stoop to such lows as comparing those of us who would like to discuss -- discuss! -- same sex marriage with vampires who must suck the blood out of gays and lesbians in order to sustain our own pathetic marriages. He made some good points earlier, but his thought-provoking analysis from the pro-ssm side is drowned out by this kind of hyperbole.


 
STEPHEN CLARK RESPONDS:
What is frustrating is when advocates like Tom Sylvester, Stanley Kurtz, and Maggie Gallagher assume, assume, assume that mixed-sex marriages are invigorated and sustained by the oppression of gays and lesbians.

Interestingly, if they are correct that mixed-sex marriage is really so Vampire-like that it can't exist without sucking the blood out of gays and lesbians, we should put a wooden stake in its heart, because it can't coexist with individual human dignity. Indeed, that's exactly what we did with another institution, black slavery, that similarly invigorated one class through the wholesale oppresion of another.

I prefer, however, to take a more charitable and realistic view of mixed-sex marriage's independent self-sustaining power. I choose not to indulge in baseless fantasies about the sky falling in Vermont, particularly when the hypothesis that it will fall is so pathetically weak. But, then, I think gays and lesbians are entitled to full and equal respect as human beings and I'm not searching for pretexts to oppress them. (Copyright 2003 Stephen Clark. This text may not be reproduced without the express consent of the author)




 
DECLINE OF MARRIAGE: In the UK, the number of marriages has fallen to a 100-year low. The article suggests that the high costs of weddings are a culprit.


 
Democratic presidential candidates on gay marriage.


 
New studies on child care.


Tuesday, July 15, 2003
 
THE FINAL CHAPTER of the email from Professor Stephen Clark:
No, the distinction you want between bigot and honorable opponent of same-sex marriage is not as easy to draw as you'd like to comfort yourself by supposing it to be. The opponent of same-sex marriage who is truly respectful of gays and lesbians must actually address the real lives of actual gays and lesbians, acknowledge what his policy of denying secular marriage will mean to their lives, and justify it on its own merits, not by changing the subject to other issues in an attempt to flee from the concrete implications of what he is proposing. That kind of opponent of same-sex marriage is rare, and Kurtz certainly doesn't fit the bill. (Copyright 2003 Stephen Clark. This text may not be reproduced without the express consent of the author.)
In fact, Stanley Kurtz does acknowledge the downsides of opposing same-sex marriage (other than being accused of bigotry). For him, and many others, the issue is one of balancing competing goods. Kurtz writes:
[T]his issue has an inescapable element of tragedy about it�.rooted in the fact that two important needs are clashing here. On the one hand, we have the desire of gays for greater social recognition. On the other hand, we have the need to protect and support the vital and already greatly weakened institution of marriage. [Jonathan] Rauch says that if there is any reasonable possibility that the tragic trade-off is imaginary, the need to relieve the condition of gays obligates us to adopt same-sex marriage. But can we not say with equal or greater justice that if there is any reasonable prospect that the tragic trade-off is real, the need to protect marriage obligates us to reject so radical and dangerous a social experiment?
I wish this tragic trade-off were illusory, as Evan Wolfson, Jonathan Rauch, Andrew Sullivan, and others argue it is. What�s frustrating is when advocates like Stephen Clark deny, deny, deny that this trade-off might possibly exist. In his email, Clark essentially frames the issue so that one is either a) in favor of same-sex marriage or b) a hateful bigot.

That approach (�you�re either with us or you hate gay people�) is effective in that it discourages people from openly expressing concerns about ssm. Nobody wants to be called nasty names. But that approach is seriously flawed, as it boils down to an accusation of bad faith.

I�m not as opposed to ssm as Clark thinks. I was just calling for an open, fair debate. Naturally, many ssm advocates are happy with current media coverage, which presents their opponents as little more than cranky old white guys holding �Homos Go To Hell!� signs.

A large part of me will be happy when gays and lesbians in committed relationships will be able to marry, which I think is just a matter of time. Last week, I dreamt that I was at a debate over ssm where I argued with some Heritage Foundation staffers. Maybe that�s my unconscious telling me that I support same-sex marriage. But I also think that dream was a sign that I�ve been thinking and writing about the issue far too much�.so I�ll stop.



 
GIVE AN INCH: Jonah Goldberg makes a reverse slippery slope argument about ssm:
Judging from many of the gays I�ve talked to or heard from, the demand for marriage is less strong than the demand for the tangible things they want: social security benefits, hospital visitation, health insurance etc. etc. I understand the argument that conceding these items would be giving gays an inch when their [sic] hell-bent on taking a mile. But I�m not at all sure it�s true that all that many of them want the mile. As we�ve learned from the presidencies of both Bill Clinton and George W. Bush, co-opting some of the agenda of the opposition more often takes the wind out of the sales [sic] of the opposition. Opponents of gay marriage want to concede nothing. I think that�s misguided on public policy grounds. And, in political terms it keeps the pro-gay marriage coalition unified....
In fact, that's essentially what Professor Stephen Clark said to me over email:
Lastly, obstinate resistance to any and all legal assistance to same-sex couples is forcing the very marriage issue that the resistors oppose most. I suspect many same-sex couples would readily settle for a comprehensive domestic partnership system or a civil union system. First and foremost for them is being acknowledged as the next-of-kin of the person they've been committed to for years when, in times of personal difficulty, like sickness or death, it matters whether the law deems you a kinsman or an utter stranger, no more relevant than some plucked at random from a football stadium. If you don't want same-sex couples to have marriage, you better give them something else to take care of the innumerable practical problems that stem from trying to maintain a committed relationship amid this forced legal denial of and constant undermining of their relationships. If not, they're going to push for marriage, and because Americans are ultimately a fair and sympathetic people, same-sex couples are going to win it all - if you make them push for it. The long-term public opinion trend and political evolution make that conclusion crystal-clear. (Copyright 2003 Stephen Clark. This text may not be reproduced without the express consent of the author.)
I don't like to think about this issue in terms of political expediency. But committed gay and lesbian couples ought to have those legal protections and benefits as a simple matter of fairness. If it's true that there isn't actually a strong constituency for "marriage per se" in the gay community, but just for the legal goodies that go with it, then perhaps some sort of civil union arrangement is the way to go. As for Professor Clark's point about Americans being a "fair and sympathetic people," I agree, and that's why I wish this issue would be settled through democratic means in the legislatures, not by the courts.


 
Maggie Gallagher on the stakes of the SSM debate.


 
WHY BLOG ABOUT SSM? Professor Stephen Clark doesn�t understand (part 3 of his email):
I can't fathom why someone worried about strengthening mixed-sex marriage would devote roughly half of his web posts to the utterly unrelated, divisive, and counterproductive question of whether the state should recognize same-sex marriage. I can't imagine a quicker way to shatter a liberal-conservative coalition in favor of strengthening mixed-sex marriage. The question is do you care about improving mixed-sex marriages or do you want to subordinate gays? (Copyright 2003 Stephen Clark. This text may not be reproduced without the express consent of the author.)
For a long time, the marriage movement has avoided the same-sex marriage issue for these very reasons (and we started blogging about ssm relatively recently). The real marriage problem in our society has little to do with gay relationships. The real problem is that too many children grow up without both of their parents. It�s unfortunate that the same-sex marriage issue dominates the public discussion of marriage. And some �pro-family� groups do seem to care more about fighting the social acceptance of gays than about confronting the real marriage problem.

So why blog about same-sex marriage? Well, right now it�s impossible to avoid. (Do a Google News search for �marriage� and see.) More significantly, I doubt that changing marriage laws� indeed, changing the very definition of marriage�is �utterly unrelated� to attempts to strengthen �mixed-sex marriage.� (The need to add the �mixed-sex� qualifier indicates that the overall idea of marriage will be changed.) So we�re trying to take part in an open, respectful debate about the implications of same-sex marriage. Heck, I�m still trying to figure out just where I stand on the issue.


 
INVEST IN A DIVORCE? A survey of 75,000 adults in 11 EU countries has found that divorce "makes men richer."


Monday, July 14, 2003
 
SAME-SEX MARRIAGE AND SLIPPERY SLOPES: Professor Stephen Clark (see here) also takes issue with �slippery slope� concerns that same-sex marriage would lead to group marriage.
As for the slippery slope argument, that is really the last refuge of the obstinate, isn't it? One can always deploy a slippery slope argument when one would rather talk about a parade of horribles than the actual issue under consideration. I suppose Western societies never should have stopped burning sodomites at the stake because now we've inevitably slid to same-sex marriage. And should we have never eliminated race requirements from marriage law because now we must face the question whether it is fair to retain gender requirements? By proving everything, the universally applicable "slippery slope" argument never actually proves anything, except perhaps that the person deploying it has exhausted all the legitimate arguments against the actual thing under consideration.

And it is hardly free of anti-gay bias to contend that thousands of same-sex couples should be deprived of marriage rights solely because one doesn't want to grant marriage rights to groups. Why are same-sex couples entitled to so little consideration that they can be exploited as social insulation against the "threat" of group-marriage? ... The very willingness of people to make the slippery slope argument about group marriage (or bestiality or necrophilia or pedophilia) reveals that the person making the argument believes the lives of individuals in same-sex unions have so little value that they may be reduced to the status of pawns. That attitude is not far removed from those who believe gay and lesbian lives may be snuffed out as part of a male-bonding ritual. (Copyright 2003 Stephen Clark. This text may not be reproduced without the express consent of the author.)

Surely, many slippery slope arguments are stupid, or at least flawed. But it�s imprudent to dismiss all slippery slope arguments out of hand. As UCLA law professor Eugene Volokh argues in a forthcoming issue of the Harvard Law Review (and in a much shorter piece for Legal Affairs), slippery slope arguments are not necessarily fallacious. Besides, if they were, you wouldn�t see them constantly and earnestly employed by both liberals and conservatives. The key question is How slippery is the slope?

(I find it ironic that Professor Clark ends his criticism of slippery slope arguments by suggesting that opposing gay marriage for these reasons �is not far removed� from supporting the murder of gays and lesbians. Is there really a fine line�or, say, a slippery slope�between those points of view?)

But there is one sentence that I keep coming back to: �Why are same-sex couples entitled to so little consideration that they can be exploited as social insulation against the "threat" of group-marriage?� That is an incredibly powerful point. Any legitimate argument against gay marriage must explain why gay marriage itself would be harmful. (Which both Kurtz and Gallagher attempt to do.)



 
BRAVE NEW WORLD: In Australia, a man had sex with a woman. The woman got pregnant. She then wanted the father to pay child support, and the court decided in her favor. But this particular case is rather unique:
The court was told the biological parents were a couple in 1997, but within a year the mother, known as BM, left him to begin a lesbian relationship. She underwent a "ceremony of marriage" with her female partner, known as LP, in 1998.

Soon after, the women asked ND [the former boyfriend] - and he agreed - to donate sperm for their child.

In the seven to 10 days following the agreement, the three decided the man would have no legal rights to the child, the child would not be told he was the father, the man would not seek any parental role, he would not financially support the child and should the women separate, LP would provide financial support.

Men's rights groups are outraged, but I agree with the court's decision, but find it limited. A child deserves the financial (and emotional) support of his father. The state should not sanction the creation of "fatherless" children, whether or not a man fathers a child via artificial insemination or in the "usual and customary manner." Every child deserves a father. I don't know all the legal issues involved, but it seems that our society need not take a "free market" approach to the creation of children.

The larger point is that individualized contracts are not going to solve the problems of "brave new families." Just look at the messy legal battles involved with surrogate parenting, artificial insemination, and so on.

P.S. I support adoption by same-sex couples.



 
TRUTH IS STRANGER: "A VICTORIAN man who donated his sperm in the 'usual and customary manner' - by having sex with a lesbian - has been found liable to pay child support."


 
SAME-SEX MARRIAGE DEBATE, PT 1: Stephen Clark, an Associate Professor at Albany Law School, emailed to express his strong disagreement with this post of mine calling for the media to present a more even-handed debate of same-sex marriage. It�s a long email, so I�ll be posting it in installments. To begin, he writes:
I'm sorry to see that you think Stanley Kurtz represents the model of a "thoughtful, secular argument[] against same-sex marriage that [is] not rooted in anti-gay animus." His argument flows directly out of sexist and antigay Catholic theology. For instance, he accepts as a premise the Catholic teaching that same-sex couples are incapable of forming a supposedly true union because they lack the "complementarity" of one man and one woman. This is pure dogma - and highly sexist at that - which is reproduced virtually verbatim from the current Pope's recent catechism for the faithful.

It is not secular to believe only one man and one woman can truly be joined as "one flesh," as Kurtz assumes. ... And you'll have to explain how relying on premises that demean same-sex relationships as metaphysically counterfeit does not, in fact, exhibit anti-gay animus, prejudice, or bigotry�.(Copyright 2003 Stephen Clark. This text may not be reproduced without the express consent of the author.)

Professor Clark�s portrayal of Kurtz�s argument is incorrect. Kurtz writes from the perspective of a secular anthropologist. He does not make metaphysical claims about �one flesh� or �true unions.� In fact, religious conservatives have attacked Kurtz for this very reason. In NRO, Robert Knight of the Culture & Family Institute criticized Kurtz for sharing with ssm advocates �a foundational, faulty premise: There is nothing wrong with homosexuality.�

There is nothing in Kurtz�s writings that conflicts with a secular worldview. After all, secular arguments can overlap with parts of religious teachings. An atheist can believe in and promote the �Love thy neighbor� doctrine because she thinks it�s a good doctrine, for secular reasons, and not just because it�s in the Bible. Just because the Pope talks about the significance of sexual complementarity doesn�t mean that all arguments about sexual complementarity are �religious� or even religiously-based.



 
STAY IN SCHOOL?: I don't have an opinion as to whether the school day should be longer, but I'm suspicious of the current "familes have changed and so we must lengthen the school day" spiel, if only because its advocates repeat it so endlessly and formulaically. At least this guy, a former teacher, is asking some questions.


 
In Cincinnati, a Fatherhood Center, next to the Cuts Plus barbershop.


 
FROM TODAY'S CHRISTIAN SCIENCE MONITOR:
I often feel the natural place for a gay person is on the right. Conservatives should be all about an individual's right to his or her own life, his or her own business, without the interference of hypersensitive, offended others. And it follows that true conservatives ought to support gay marriage, particularly those partial to family values. It's difficult to argue that society doesn't benefit from stable relationships. And what better way to encourage stable relationships than to support gay marriage? It is hard not to snicker at the idea that same-sex marriages would threaten straight ones. We straight people in Canada and the US have done a good job of bringing the divorce rate close to 50 percent all on our own.



 
In today's WaPo, columnist Fred Hiatt makes the analogy between opposition to SSM and opposition to racial integration.



 
GOOD DIVORCE?: Today's USA Today has feature by Karen Peterson (the best family beat reporter in the country) on a forthcoming book on the young adult children of divorce by my colleague and fellow blogger Elizabeth Marquardt. I'm biased; you decide.


 
Newsweek reports that, due to the bad economy, divorces are getting uglier.