Thursday, January 19, 2006

3 divorce measures hit close to home - Colorado

3 divorce measures hit close to home

This article does not give much insight as to why these measures were suggested. As noted in the article the bills would "include eliminating a 90-day waiting period and a mandatory parenting class" as well as "seal psychological and medical records related to establishing custody."

In terms of the waiting period and mandatory parenting class - both measures would appear to be distinct negatives for the children of these parties. One can only assume that Rep. Lauri Clapp did not appreciate being forced to wait three months and attend a class to help her appreciate how her decisions will affect her children.

Though Rep Clapp claims her goal is fairness - the question must be for whom? Not to the children who will be forever changed by this decision and certainly not to the spouse being left through the on demand McDivorce that will result by eliminating the waiting period.

The waiting period does not require the spouses continue to cohabitate - only that they approach this decision with the reverence it deserves. In the case of a divorce without children - I suppose I wouldn't have too much of an issue with the removal of the waiting period except that it just again demonstrates how temporary our society now perceives marriage.

This quote came from the article, "I always hate it when lawmakers use their own personal experiences to try to change the law," said attorney Harvey Steinberg. "It's aways important to subtract emotion when determining important legal issues. Can you think of anything more emotional than a divorce?"

While "subtracting emotion" may be preferential for purposes of proposing legislation in many cases - it certainly seems much legislation has been born from emotion. Laws that protect children, minorities and public safety issues were likely conceived through a deeply emotional experience. Moreover, I am convinced that much of the population cannot even begin to perceive how difficult a divorce (particularly with children) can be until they find themselves in front of a judge on such issues. The realization of how convoluted, disorganized, and often extremely unfair divorce courts can be has surely brought many people to the cause. In turn, these people have often been integral in proposing legislation to combat such problems. Case in point, the renewal of VAWA (Dec 17th, 2005) came with the following language: NONEXCLUSIVITY - Nothing in this title shall be construed to prohibit male victims of domestic violence, dating violence, sexual assault, and stalking from receiving benefits and services under this title.

All in all, I fail to see the positives of these initiatives (outside of sealing records) and they do appear to be largely detrimental to the children of divorce. And none of these bills address the real problems inherent in divorce and custody law, the propensity of the system to turn one parent against another, the damage divorce does to children, the inequity in many child support orders, the level to which government virtually subsidizes divorce, etc.... Unlike other states that are trying to turn to more collaborative solutions, Rep Clapp has suggested legislation that would "punish a party who engages in "unjustifiable conduct," including trying to find out information in a way that causes "unwarranted annoyance" or embarrassment to another party." Sounds like another reason to go to court to me and just as punitive and discretionary as Temporary Restraining Orders (TRO).

Excerpts:

Rep. Lauri Clapp, R-Englewood, said Wednesday she learned of problems in the court system while going through her divorce, but she stressed that the bills are not a response to her situation.

"But when you talk to people who have been through the system, you find out there are abuses," Clapp said. "We want to see that people are treated fairly. That's what this is about."

Her bills - which include eliminating a 90-day waiting period and a mandatory parenting class - have lawmakers and divorce lawyers talking.

Divorce attorney Denise Mills, after reviewing the bills, said their passage would be "stepping backward."

But Clapp said a lot of men and women who divorce "suffer because of the system," and her legislation addresses that.

"I think this is pretty straightforward public policy that makes a lot of sense," she said.

The third Clapp bill contains two separate provisions. One would end a mandatory four-hour, $40 program for parents with children under the age of 18 that informs them about the impact of divorce on kids.

"I have a lot of clients who initially object to that," DiManna said, "but I don't think I've had one come back and say, 'That was a waste of time.' "

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Thursday, October 20, 2005

New Baskerville Articles

The Fathers’ War
They serve their country and lose their children.
By Stephen Baskerville

Excerpts:

While our country focuses on the war abroad, many of our soldiers fight personal battles here at home—or more accurately, can’t fight. They are losing their families and getting little help from an administration that claims to “support the troops” while doing nothing to protect the parental rights of the fathers it sent into combat.

Muffled by feminist orthodoxy, the Army and media are not disclosing the facts behind these divorces or publicizing the threat they pose to preparedness. The important points are these: the divorces are almost all initiated by wives, the servicemen usually lose their children—which for many is their main incentive for serving their country—and finally, they often become liable to criminal prosecution for child support that is impossible for them to pay.

Even more astounding, vicariously divorced servicemen can be criminally prosecuted for child-support arrearages that are almost impossible not to accrue while they are on duty. Reservists are hit particularly hard because their child-support burdens are based on their civilian pay and do not decrease when their income decreases. Because reservists are often mobilized with little notice, few get modifications before they leave, and modifications are almost never granted anyway. They cannot get relief when they return because federal law prohibits retroactive reductions for any reason. Once arrearages reach $5,000, the soldier becomes a felon and subject to imprisonment.

Spouses have other financial incentives to divorce military personnel. A serviceman must complete 20 years of active service to qualify for retirement pay. A woman married to the man for one day may claim a portion of the pension for life, without regard to fault or need, simply by filing for divorce. As David Usher points out in Men’s News Daily, there is no limit on how many times a woman can do this. (Men have done it too.)

The flight of men from the military strikingly parallels the flight of men from marriage, with its attendant drop in birth rates, that has come to preoccupy policymakers up to the level of president. Men are staying away from both institutions for the same reasons: for many they have become a ticket to jail.


VIOLENCE AGAINST THE CONSTITUTION
By Professor Stephen Baskerville, Ph.D

Excerpts:

The Violence Against Women Act (VAWA), currently up for renewal, is possibly the most totalitarian measure ever passed by the Congress. Every jurisdiction has criminal statutes punishing violent assault. So why do we need a law punishing assaults specifically "against women"? Why must it be a federal law, for which no constitutional authority exists? And why is $4 billion in taxpayers’ money required to outlaw something that is already against the law? The answer, as usual, is power – power for those who promise to protect us against yet another new danger.

It is politically hazardous for politicians to question any measure marketed for women and children. But no evidence indicates any problem of violence specifically against women. A virtually unanimous body of research has demonstrated that domestic violence is perpetrated by both sexes in roughly equal measures. So what is the real agenda behind this bill?

Supporters like Senator Joseph Biden hem and haw that, despite the name, VAWA applies to both sexes. Yet they adamantly oppose explicitly gender-inclusive language. This is self-refuting, like the joke about the bad restaurant where the food is inedible and the portions are too small.

VAWA circumvents the Bill of Rights. Criminal assault charges require due process of law, but labeling something "domestic violence" allows officials to ignore constitutional protections: the presumption of innocence is cast aside; hearsay evidence is admissible; no jury trial is required; the accused cannot face their accusers; even forced confessions are permissible. These are the methods being used in the burgeoning system of feminist "domestic violence courts" that are created for no reason other than to bypass civil liberties protections and railroad men into jail.

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Tuesday, October 11, 2005

VAWA: U.S. Senate Reauthorizes Organized Robbery and Child Abuse

Wednesday, July 20, 2005

VAWA: Making Divorce Easy, Profitable and Fun

realitycheck.org


Excerpts:

The linchpin of the VAWA marriage wrecking-ball is a series of state-level laws enacted at the behest of local N.O.W. chapters. These laws define “violence” in the broadest possible terms. For example, the Illinois Domestic Violence Act defines any action that causes a person to experience “emotional distress” to fall within its umbrella of abuse.

Word is beginning to leak out that VAWA represents a grotesque violation of men’s civil rights. Worse, people are hearing that VAWA is based on a bald-faced lie – that in truth, women commit half of all domestic violence. [www.ifeminists.net/introduction/editorials/2005/0629roberts
.html]

Normally Senate hearings feature witnesses who voice the full gamut of opinions. That’s democracy at work. But at Tuesday’s Judiciary Committee hearings, only hand-picked apparatchiks who were willing to spout the VAWA party line were invited to speak.

A few men who claimed to be DV victims had requested to testify at the hearings, but they were sent away since obviously they were liars. In politically-correct society, only people who tell the truth enjoy the right to free speech.

And in the House of Representatives, VAWA operatives plan to skip the committee hearings altogether. They plan to bundle VAWA into a larger Department of Justice bill and steam-roller a floor vote by the end of the month. That’s warp speed by Washington standards.

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Tuesday, July 19, 2005

VAWA Debate Heightens

Senate hearings are being held today in reference to the reauthorization of Violence Against Women Act. The committee has refused to hear testimony of those against the act. There is a lot of news out there about this so what follows is an ad hoc synopsis of the latest (these are only excerpts from the articles, please click on the article title to read it in full):

FAMILY GROUPS ASSAIL SENATE VAWA HEARINGS :

Washington, DC., Jul. 18/05/TRC Media/ -- The upcoming Senate hearings on the Violence Against Women Act are drawing fire from a broad range of groups who charge the July 19 hearings will provide the Senate Judiciary Committee members with incomplete and biased information about the proposed law.

This past Friday those groups released a letter to the Judiciary Committee, calling for it to "receive testimony from a diversity of witnesses, including male victims of domestic violence, women who can testify to the harm VAWA has done to them and their families, and researchers whose work is based on scientific principles rather than ideology."

Women are also criticizing the proposed VAWA legislation. In her June 29 article Fox News columnist Wendy McElroy condemned the discriminatory nature of VAWA: "tax-funded domestic violence shelters and services assist women and routinely turn away men." And in her July 1 column, Kathleen Parker charged that VAWA has "demonized men and made women into martyrs and victims."

RADAR, a group concerned about domestic violence bias, recently released a report that concludes, "VAWA tramples on persons' basic human rights, undermines the family, and makes a mockery of fairness and justice." RADAR calls on lawmakers to "make sure VAWA helps all victims of domestic violence." (www.mediaradar.org/RADAR_Analysis_of_VAWA.pdf). Research shows that women are just as likely as men to commit domestic violence. "Family violence is an important social problem," Baskerville notes, "but ignoring male victims leaves half the problem unsolved."

VAWA: Information for Our Federal Public Policymakers :

The data below is not from some mens rights or anti womens rights group. In fact, the following data is on page 28 & 29 of the U.S. Department of Justice sponsored research report, Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women.

The authors of this report inform our public policy makers that violence is more widespread and injurious to womens and mens health than previously thought an important finding for legislators, policymakers, and interventions planers.

Despite the reality of male victimization our public policy makers submit only the Violence Against Women Act that demonstrates little to no concern about the victimization of men.

Perhaps they just lack the facts. This is your opportunity to help them. Please FAX this to:
Arlen Specter FAX 1-202-228-1229
Orrin G. Hatch FAX 1-202-224-6331
Joseph R. Biden, Jr FAX 1-202-224-0139


It is not necessary that half of the victims be men in order for them to have access to equitable services and funding. Further, it is not necessary to minimize, marginalize or ignore male victimization in order to protect female victims from abuse.

Why Congress Must Reject VAWA :

Republicans will pass VAWA anyway --- because they haven't taken the time to develop solid pro-marriage social policy. In the short run, we must expect Republicans to require Senator Joe Biden to effect modifications making VAWA gender neutral. Republicans can vote for VAWA and the stand up for the 14th Amendment by insisting that the VAWA be made gender neutral. At minimum, funding must be provided to help men and children living in marriages where the wife is dangerous or abusive, as called for by the Safe Homes For Families and Children Coalition

VAWA is unconstitutional on its face --- just as unconstitutional as a Violence Against Whites Act would be. No court in America would permit the existence of a multi-billion-dollar federal program pretending that violence is solely a black-on-white issue and makes sure it always looks that way regardless of case facts. It is a long held tenet that law enforcement must be blind to race and sex except of course unless it has the letters VAWA in front of it.

The National Institute of Justice and the Center for Disease Control estimates that 1.3 million women and 835,000 men are the victims of domestic violence each year. According to this NIJ/CDC survey, 37% of the domestic violence is against men. 100% of the federal domestic violence funding under the Violence Against Women Act is to be used for domestic violence against women. 100% of the federal domestic violence research funds disbursed to several federal agencies is devoted to domestic.

VAWA Renewal Provides Opportunity to Stop Destruction of Innocent Cops Careers :

Under the Violence Against Women Act of 1994 individuals, including police officers and armed forces personnel, are prohibited from possessing a firearm if they are subject to a restraining order issued at the behest of a spouse or an intimate partner. The 1996 Domestic Violence Offender Gun Ban expanded this prohibition to bar officers and service personnel from carrying weapons as part of their jobs. As a result, most police officers who are hit with restraining orders lose their careers.

Were restraining orders issued as a result of a reasonable proof of guilt, the two laws might make sense. However, according to Elaine Epstein, former president of the Massachusetts Womens Bar Association, restraining orders are doled out "like candy" to virtually all who apply," and that "in virtually all cases, no notice, meaningful hearing, or impartial weighing of evidence is to be had."

A study conducted by Massachusetts courts revealed that the majority of restraining orders did not even involve an allegation of violence. According to family law attorney Lisa Scott of Seattle, Washington, the woman saying she feels afraid' of her husband is usually enough. Men have no way to defend themselves against these accusations. Most judges grant restraining orders to any woman who applies for one, and often do so in an assembly-line fashion.

Former Torrance, California police officer John Brumbaugh recently won a seven-year legal battle after an ex-girlfriend falsely accused him of battery. Though Brumbaughs conviction was overturned and his name finally cleared, the false charges cost him his career as a police officer and several hundred thousand dollars in legal expenses and lost wages and benefits.

The Violence Against Women Act expires in September and legislation to renew it for five years was recently introduced by Senators Joseph Biden (D-DE), Orrin Hatch (R-UT), and Arlen Specter (R-PA). In hearings beginning on July 19, the Senate Judiciary Committee will consider various amendments to include in the laws reauthorization.

The Committee should repeal the Domestic Violence Offender Gun Ban, and provide that men with restraining orders against them can still possess department-issued firearms for the purposes of their employment.

The principle of ensuring that police officers are of solid character is a good one. What is lacking in current law is a reasonable standard for punitive action. The findings of police department investigations and criminal convictions are reasonable standards. The issuance of restraining orders is not.

After the Facts, Domestic Violence Laws Still Discriminate Against Men :

The Return Of A Feminist Nutbar :

Did Phil Hartman Die from Congressionally-Sanctioned Discrimination?

Scream Queens Fuel Nightmarish VAWA System

Time to Dispose of Radical Feminist Pork :

If Republicans are looking for a way to return to their principles of limited government and reduced federal spending, a good place to start would be rejection of the coming reauthorization of the Violence Against Women Act sponsored by Sen. Joe Biden, D-Del. It's a mystery why Republicans continue to put a billion dollars a year of taxpayers' money into the hands of radical feminists who use it to preach their anti-marriage and anti-male ideology, promote divorce, corrupt the family court system, and engage in liberal political advocacy.

The act refuses to provide any help whatsoever for male victims of domestic violence. Let's hear from professor Martin Fiebert of California State University at Long Beach who compiled a bibliography of 170 scholarly investigations, 134 empirical studies and 36 analyses, which demonstrate that women are almost as physically abusive toward their partners as men.

The act encourages women to make false allegations, and then petition for full child custody and a denial of all fathers' rights to see their own children.

The act promotes the unrestrained use of restraining orders, which family courts issue on the woman's say-so. This powerful weapon (according to the Illinois Bar Journal) is "part of the gamesmanship of divorce" and virtually guarantees that fathers are expelled from the lives of their own children.

A woman seeking help from an act-funded center is not offered any options except to leave her husband, divorce him, accuse him of being a criminal and have her sons targeted as suspects in future crimes. The Violence Against Women Act ideology rejects joint counseling, reconciliation and saving marriages.

It's time to stop the act from spending any more taxpayers' money to promote family dissolution and fatherless children.

Also, Silly Seattle always has lots to say about VAWA. Other posts on this blog is reference to VAWA can be seen here, here, and various entries on this page.

Finally, though I am reticent to do this as I don't feel you should have to ascribe to one political ideology or the other in order to see how screwed up our government is in its treatment of men and families, a new site has been established called DROP the GOP. On the site they currently are listing three issues: VAWA: A four-letter word that means tyranny, Stealing our Children for Profit and Drugging our Children by Force. Through the site (were you a confirmed Republican contributor) you can request a refund for all of you contributions and they provide the relevant links to do so. Here is the intro for their VAWA page:

One of our major concerns today is the introduction of the Violence Against Women Act (VAWA) of 2005 by U.S. Senators Joe Biden (D-DE), Orrin Hatch (R-UT) and Arlen Specter (R-PA). This action conclusively proves that both of our major political are anti-family and hold no respect for our civil rights or the United States Constitution. There are no words strong enough to express both the heartbreak and outrage over this betrayal of the promises to uphold and protect our family values has caused.

It must be mentioned that most of the funding for VAWA goes to the Lawyers and Social Workers whose organizations support the DNC and their anti-family progressive agenda. The GOP's support of VAWA is in effect forcing Republicans to fund the very people and agenda we have worked so hard to vote out of Congress and the White House with our tax dollars. That is intolerable!

After eleven years as law, The Violence Against Women Act (VAWA) has done little more than destroy families and fund social engineering schemes unrelated to intimate partner violence. This dysfunctional law leaves violent criminals free to abuse at will, but inflicts brutalities unworthy of a free society on innocent victims of false allegations of domestic violence.

The plain truth is VAWA is unconstitutional. Nothing in Article I, Section 8 of the Constitution of the United States of America, including the Commerce Clause, authorizes the Congress to regulate and control personal relations between individuals. Further, the blatant and undeniable gender bias seen on the face of VAWA is discrimination against a subject class, men, in direct violation of Section 1 of Amendment XIV of the Constitution notwithstanding pious statements to the contrary by uninformed Senators.

Irrespective of your political leanings, there is a lot of good information on the site. If you are a disgusted contributor to the Republican party you might seriously consider requesting a refund. Sadly, it appears the only way to really get the attention of our legislators is to hit them in pocketbook.

Also, to contact the legislators directly:

Sen Joseph Biden, Delaware:
1105 N. Market St. Suite 2000 Wilmington, DE 19801-1233
Phone: 302-573-6345 Fax: 302-573-6351

Sen Orrin Hatch, Utah:
104 Hart Office Building Washington, DC 20510
Tel: (202) 224-5251 Fax: (202) 224-6331

Sen Arlen Specter, Pennsylvania:
711 Hart Building Washington, DC 20510
Tel: 202-224-4254 Fax: Fax: 215-597-0406

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Tuesday, July 05, 2005

Destruction of family a step toward fascism

Journal Gazette 07/05/2005 Destruction of family a step toward fascism

Excerpts:

This family dissolution has been gradual and incremental, occurring almost without our notice. First, we demonized men and made women into martyrs and victims. We didn’t do this halfheartedly, but with gusto. We codified the concept “men bad, women good” with laws that gave women supremacy over men: child custody awards in divorce; acceptance of drive-by, sperm-bank impregnation and single motherhood; and finally, special status in new laws such as the “Violence Against Women Act.”

Violence against women, though indefensible, is presumably no more unacceptable a crime than violence against men. Nevertheless, we created a special law just for women?– funded by taxpayers?– that institutionalized female victimhood and cemented the image of man as predator.

Then, we turned child-rearing over to day-care workers and public institutions where parental control over the moral content of their children’s lives has been diluted. From sex education to diversity training, public educators increasingly have decided what and when children should learn, sometimes without parental approval.

Finally, we “advance” toward the “de-institutionalization” of marriage, as David Blankenhorn (president of the Institute of American Values and author of “Fatherless America”) recently described the move toward same-sex marriage. As same-sex marriage becomes law in other countries, and perhaps, inevitably, here, power is being shifted from the natural family to the state.

Today’s family portrait as a collage of individual snapshots is not a happy or promising picture: no fathers; single?– busy and stressed?– mothers; no-fault divorce and “marriage” that means everything and therefore nothing; children depressed and dosed in dumbed-down schools where the least common denominator dictates curriculum.

In such a state, someone has to take charge, for better or worse. When the state takes over, you can bet on worse.

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Tuesday, June 14, 2005

A Government Program is No Substitute for a Bear-Hug

RedState.org

A Government Program is No Substitute for a Bear-Hug
By: Carey Roberts

In this Father's Day essay, Carey Roberts analyzes how well-intentioned government programs have contributed to the rise of fatherlessness.

For the better part of the last 40 years, policy experts and childrearing gurus relegated fathers to the parental minor leagues. Dads were seen as well-intentioned but inept Homer Simpsons who might be able to teach junior how to swing a baseball bat, but little else.

But kids see it differently. Mary Kay Shanley's book, When I Think About My Father, recites these love-words from Amanda, age 6: "At the end of the day when I go to bed, Daddy tucks me in. We talk together about our day. He reads me a story to help me sleep. We pray together. That is my favorite part."

Research confirms with Amanda's endorsement of fatherhood. It turns out that kids with hands-on dads have greater levels of self-esteem and social competence, get higher grades in school, and do better on a broad range of social and psychological indicators. Even in high-crime, inner-city neighborhoods, over 90% of children who grow up in two-parent families avoid becoming delinquents.

Sadly, government social welfare programs have a dismal track record in this area. It's not that they have just ignored the essential role of fathers. The problem is, they have offered inducements to actually remove dads from the lives of their kids.

This pattern can be traced back to the 1960s. Under Lyndon Johnson's Great Society, welfare benefits came with a catch: first, kick dad out of the house. As a result of this exclusionary "man-in-the-house" rule, the number of children growing up in fatherless homes rose dramatically.

Before long, people began to notice that poor fathers were "abandoning" their children. So beginning in 1975, the Congress passed a series of child support laws that targeted so-called "deadbeat" dads.

The reforms may have been well-intentioned, but they missed the mark on one key point: many low-income dads couldn't pay their child support because they were on Skid Row. But that fact didn't stop the federal Office for Child Support Enforcement, with a budget of $4 billion, from hounding indigent fathers and sending thousands to debtor's jail each year.

But the government was not done with its task of dismembering the traditional family.
In 1994 the Congress passed the Violence Against Women Act, a $1 billion-a-year feminist windfall that claims to combat domestic violence. One of VAWA's tools is the issuance of restraining orders.

The dirty little secret that feminists never like to admit is that they have stealthily broadened the scope of violence. For example, the National Victim Assistance Academy came up with this all-encompassing definition: "Domestic violence is a pattern of coercive behavior designed to exert power and control over a person in an intimate relationship through the use of intimidating, threatening, harmful, or harassin behavior."

As a result of this definitional sleight-of-hand, "domestic violence becomes whatever the woman says it is," according to columnist Phyllis Schlafly.

So when these "battered" mothers seek a restraining order, they also petition for divorce and custody of the children. Once again, the kids are left without a father.

The effects of these federal programs are predictable -- and tragic. In 1960, five million American children lived in fatherless homes. By 1980, that number more than doubled to 11 million. And now, 16 million children live only with their mothers.

The National Fatherhood Initiative issued this sobering warning: "Children who live absent their biological fathers are, on average, at least two to three times more likely to be poor, to use drugs, to experience educational, health, emotional, and behavioral problems, to be victims of child abuse, and to engage in criminal behavior."

So consider the 16 million boys and girls who go to bed each night without getting a bear-hug from daddy, and it's easy to see why a 1999 Gallup poll found that 72% of Americans believe that "the physical absence of the father from the home is the most significant problem facing America."

On Father's Day, it's traditional to honor our fathers - those home-grown heroes who sacrifice their moments of quiet reflection, their comfort, and even their health to support and protect their families. This coming Sunday I will remember my own dad, thankful for all the good times we spent together.

Perhaps this Father's Day should also be a day of reckoning. It's time to ask, Why does the US taxpayer continue to subsidize government programs, to the tune of billions of dollars a year, that end up separating fathers from their families?

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VAWA, VAWA, VAWA

The Violence Against Women Act is certainly the theme for the week - and for good reason, the 2005 version was just introduced in the Senate and will be in the House in the coming days.

The MND Blog has a good post here: VAWA 2005: Time of Decision

RADAR - Respecting Accuracy in Domestic Abuse Reporting also has info at their site including Make the Violence Against Women Act (VAWA) Gender Inclusive, or Dump It!,
The Institutionalization of Misinformation: VAWA II and Domestic Violence Law Fuels Big Government

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Monday, June 13, 2005

More VAWA

Link to Silly Seattle for more information on VAWA in these posts Patriarchy Fighting Superheroes, VAWA Con Dios, Biden and Make Hillary Rodham Fight for VAWA - along with lots of other good info....

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Friday, June 10, 2005

What Have Feminists Done to America's Fathers?

What Have Feminists Done to America's Fathers?

by Phyllis Schlafly
Jun 10, 2005

On Father's Day, Americans should ponder the appalling fact that an estimated 40 percent of our nation's children are living in homes without their own father. Most of our social problems are caused by kids who grow up in homes without their own fathers: drug abuse, illicit sexual activity, unwed pregnancies, youth suicide, high school dropouts, runaways, and crime.

Where have all the fathers gone? Some men are irresponsible slobs, but no evidence exists that nearly half of American children were voluntarily abandoned by their own fathers; there must be other explanations.

For 30 years, feminist organizations and writers have propagated the myth that women are victims of an oppressive patriarchal society and that marriage is an inherently abusive institution that makes wives second-class citizens. Feminists made divorce a major component of women's liberation and their political freedom.

For three decades, feminists have toyed with the question that Maureen Dowd chose as the title of her forthcoming book, Are Men Necessary? That's just the latest version of Gloria Steinem's famous line, "A woman without a man is like a fish without a bicycle."

College textbooks portray marriage as especially bleak and dreary for women. Assigned readings are preoccupied with domestic violence, battering, abuse, marital rape, and divorce.
During the Clinton Administration, the feminists parlayed their hysteria that domestic violence is a national epidemic into the passage of the Violence Against Women Act (VAWA). This created a gigantic gravy train of taxpayers' money, known as feminist pork, that empowers pro-divorce, anti-male activism.

Not satisfied with several billions from the U.S. Treasury, 67 feminist and liberal organizations supported a lawsuit to try to get private allegations of domestic abuse heard in federal courts so they could collect civil damages against men and institutions with deep pockets. Fortunately, the Supreme Court, in Brzonkala v. Morrison (2000), declared unconstitutional VAWA's section that might have permitted that additional mischief.

However, VAWA's billions of dollars continue to finance the domestic-violence lobby, and there is a deafening silence from conservatives who pretend to be guardians against federal takeovers of problems that are none of the federal government's business. Local crimes and marital disputes should not be subjects of federal law or spending.

Billions of dollars have flowed from VAWA to the states to finance private victim-advocacy organizations, private domestic-violence coalitions, and the training of judges, prosecutors and police. This tax-funded network is, of course, staffed by radical feminists who teach the presumption of father guilt.

Legislating a special category of domestic violence is very much like legislating a special category of hate crimes. Both create a new level of crimes for which punishment is based on who you are rather than what acts you commit, and the "who" in the view of VAWA and the domestic-violence lobby is the husband and father.

A Justice Department-funded document published by the National Victim Assistance Academy established a widely accepted definition of "violence" that includes such non-criminal acts as "degradation and humiliation" and "name-calling and constant criticizing." The acts need not be illegal, physical, violent, or threatening; "domestic violence" becomes whatever the woman says it is.

The Final Report of the Child Custody and Visitation Focus Group of the National Council of Juvenile and Family Court Judges admitted that "usually judges are not required to make a finding of domestic violence in civil protection order cases." In other words, judges saddle fathers with restraining orders on the wife's say-so without any investigation as to whether it is true or false.

The late Senator Paul Wellstone (D-MN), a big advocate of VAWA, admitted that "up to 75 percent of all domestic assaults reported to law enforcement agencies were inflicted after the separation of the couple." Most allegations of domestic violence are made for the purpose of taking the custody of children away from their fathers.

The June issue of the Illinois Bar Journal explains how women use court-issued restraining orders (which Illinois calls Orders of Protection) as a tool for the mother to get sole child custody and even bar the father from visitation. In big type, the magazine proclaims: "Orders of protection are designed to prevent domestic violence, but they can also become part of the gamesmanship of divorce."

The "game" is that mothers can assert falsehoods or trivial marital complaints and thereby get sole custody orders that deprive children of their fathers. This "game" is based on the presumption (popularized by VAWA and the domestic-violence lobby) that fathers are inherently guilty and dangerous.

Congress should not be spending taxpayers' money to deal with marital disputes, and courts should not deprive children of their fathers on a presumption that fathers are dangerous. Congress can help us celebrate Father's Day this year by refusing to reauthorize the costly VAWA boondoggle.

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Wednesday, May 18, 2005

VAWA Law Polarizes the Sexes, Weakens the Family

RedState.org

Excerpts:

That process of family and social disintegration is spurred by the Violence Against Women Act - VAWA for short -- the $1 billion-dollar-a-year law that was passed five years ago at the behest of the radical feminists. VAWA comes up for renewal later this year in Congress.

When you look closely, it becomes clear that VAWA has an agenda that reaches far beyond the protection of women.

VAWA-funded educational programs push the time-worn storyline of the violent man and a brutalized woman. But that stereotype is false. The truth is, members of the fairer sex are just as likely to commit domestic violence as men. [www.csulb.edu/~mfiebert/assault.htm]

But once society comes to believe that members of the male sex are a menace to women, it becomes easy to enact laws that strip men of their Constitutional rights of due process and equal treatment under the law.

One of the tools promoted by VAWA is the use of restraining orders. At first blush, the idea sounds common-sensical: a woman who is being abused should be able to get her husband removed from the house.

But in many states, judges crank out restraining orders like Confederate one-dollar bills, not pausing to verify the woman's claims or even to hear the man's side of the story.

A 1995 Massachusetts study found that 60,000 restraining orders were issued each year. In fewer than half of those cases was there even an allegation of physical violence. In the other cases, the woman simply claimed she felt afraid, or maybe there had been a marital spat. [www.salon.com/mwt/feature/1999/10/25/restraining_orders/]

Recently the Massachusetts Supreme Judicial Court became concerned that this epidemic of restraining orders was fraying the fabric of judicial impartiality. The Court opined that judges must "resist a culture of summarily issuing and extending these orders."

Elaine Epstein, former president of the Massachusetts Bar Association, was even more candid: "Restraining orders are granted to virtually all who apply...In many [divorce] cases, allegations of abuse are now used for tactical advantage."

Tactical advantage? Ms. Epstein was referring to the fact that while hubby is barred from the house, the wife quickly files for a divorce, and cleverly requests temporary custody of the kids. That paves the way for near-automatic award of sole custody once the divorce is finalized.

So last month, family advocates in California set out to challenge these perverse incentives by introducing the Shared Parenting Bill. Their aim was to encourage equal participation of fathers by granting them joint custody of their children in the event of divorce. [http://cspaonline.org/index.php]

Who could ever be against that?

The ladies from NOW, that's who. Their argument? Changing the practice of awarding sole custody to mothers would expose the kids to all manner of abusive dads.

That smear conveniently ignored an interesting fact: it's mothers, not fathers who are far more likely to abuse and neglect their children, according to the U.S. Department of Health and Human Services. [http://faq.acf.hhs.gov/cgi-bin/acfrightnow.cfg/php/enduser/std_adp.php?p_fa qid=70&p_created=1001611491]

So two weeks ago, the California Assembly Judiciary Committee killed the Shared Parenting Bill. And divorced children were rendered fatherless by a spiteful gender stereotype.

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