Flawed Court Report Reveals
Feminist Desperation
October 30, 2002
by Wendy McElroy
What do you call a report that invalidates
itself in the introduction and threatens critics with criminal prosecution
in the conclusion? Answer: The revised 2002
Family Court Report issued by the California National Organization
of Women.
The original report, published on July
26, claimed that the California family court system was "pathologizing,
punishing and discriminating against women." Child custody practices
were particularly excoriated.
To reach this conclusion, the report
had to ignore data demonstrating that "in the 1970's
and 80's ... women had sole custody of the children approximately 85
percent of the time ... More recent data sets indicate that father custody
figures may be closer to 15 percent." Instead, the report relied on
a miniscule, biased sampling, hyperbolic language and such shoddy methodology
that no quantitative or qualitative breakdown of statistics was rendered
in the 132-page document.
On July 2, my Foxnews.com column
offered seven reasons why the report was "fluff without substance."
The column created a furor,
including talk of "lawyers" and "damages" from the National Alliance
for Family Court Justice -- which claims to have provided CA NOW
with documented evidence for the report.
The revised 65-page report issued on
Sept. 26 in time to influence the California election, states in the
introduction: "This is action research with a social justice agenda.
It does not profess to be unbiased or neutral." Thus, the report eliminates
any confusion about its representing an objective evaluation of data.
Nevertheless, CA NOW immediately uses
the language of data to drape its "social justice agenda" in the garb
of objective investigation. For example, the report states that its
conclusions are "confirmed by supplemental case studies" and "statistical
analysis."
The core of the revised report remains
unchanged: It offers the same 300 cases as before. Two-thirds of the
cases are what statisticians call a Self-selected Listener Opinion Poll
(SLOP). This fact alone invalidates the report's "findings" for two
reasons.
1. The sampling is biased. Of the 300
cases, 221 come from women who sought out the CA NOW online questionnaire
and were committed enough to wade through its 20 pages and 331 questions.
Moreover, the questionnaire is as biased as the report
itself.
2. The sampling is statistically meaningless.
The Judicial Council
of California indicates that there were 150,000 divorce/custody
filings and over 100,000 dispositions per annum in recent years -- sometimes
considerably more. Three hundred women over a three-year period represent
no more and probably less than .0006 percent of cases.
Yet, based on this "research," CA NOW
calls for sweeping changes to the family court system which will affect
the relationship hundreds of thousands of people have with their own
children. For example, the report rejects joint custody, arguing for
almost automatic sole custody being granted to the "primary caregiver"
(clearly, the woman). Visitation rights are to be "detached" from child
support calculations to "reduce the incidents of fathers seeking ...
joint custody." And, lest the child object, CA NOW declares "provisions
for counsel to represent the child should be deleted from the Family
Code." Counsel for the child is deemed "unnecessary."
The report indicates how to deal with
criticism of this agenda. "Identify the parties responsible for the
perpetuation of problems related to false syndromes, 'fluid' joint custody
laws, evaluations and counsel for children. Establish the connection
between those parties and fraudulent nonprofit continuing education
and support organizations [fathers' rights groups]" and sue under RICO statutes for "conspiracy to violate the
rights of women. ... Along with damages suit, sue for declaratory relief,
making ... mandatory joint custody, mandatory psychological evaluations
and mandatory mediation unconstitutional."
RICO, the Racketeer Influenced and Corrupt
Organizations Act, was meant to fight against organized crime by allowing
those harmed financially by a pattern of crime to bring action in state
or federal court for damages amounting to three times their actual harm,
plus costs. But CA NOW wants to use the RICO Act to criminalize dissent
on custody matters.
Further, the report advocates financially
probing nonprofits based on nothing more than their political disagreement
with CA NOW's policies.
This is a dangerous posture for CA NOW.
Questions could too easily be asked about its own financing. For example,
in her new book, Guide
to Feminist Organizations author Kimberly Schuld asks: "Has
NOW or a NOW state chapter received government grants? None are reported
on its tax forms and its website says NOW receives no federal money
for operations."
Yet, according to Tammy Bruce, a former
president of NOW's Los Angeles chapter, NOW has received money from
the federal government. In her book, The
New Thought Police: Inside the Left's Assault on Free Speech,
Bruce points to $543,636 dollars awarded to CA NOW by the Centers for
Disease Control's Office on Smoking and Health, under President Clinton's
administration.
"For an organization that had absolutely
no history of leadership in the health arena, the grant was, to say
the least, out of the ordinary," Bruce writes. "On the other hand, if
the California organization -- NOW's largest and most successful satellite
-- had to file for bankruptcy, it would have sounded a death knell for
National NOW, exposing the depth of its troubles, financial and organizational."
CA NOW's revised 2002 Family Court Report
aims at revoking children's rights in family court and father's rights
in custody. It would criminalize dissenting views and make unconstitutional
those custody policies diametrically opposed to its own.
NOW is becoming desperate.
Wendy
McElroy
Wendy McElroy is the editor
of ifeminists.com. She is the
author and editor of many books and articles, including her new anthology
Liberty
for Women: Freedom and Feminism in the 21st Century
(Ivan R. Dee/Independent Institute, 2002). She lives with her husband
in Canada. Other
articles by Wendy McElroy can be found in the Men's
News Daily archive.