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Letters and Articles:
Marriage on Trial
(The Family Research Council)
Why We Must Privilege and Burden the Traditional Marriage
Bond Dr. Allan C. Carlson, Ph.D. April 18, 2003:
Summary: The legal status of marriage, and any
benefits that it confers, should be restricted to the
monogamous bonds of women to men; simply and precisely because
this is where children come from. The health and good order of
our communities and nation depend on these strong marriages.
by: Dr. Allan C. Carlson, Ph. D.
There is a curious dichotomy in American public life today.
On one hand, those who are able--and in many ways
encouraged--to marry are, in increasing numbers, choosing not
to do so. The proportion of American women 25 to 29 years old
who have never married, slightly below 10 percent in 1965,
reached 39 percent in 2000: a fourfold increase. Among men of
the same age, the "never married" category increased
from 18 percent in 1965 to 44.4 percent in 2000. What the
Census Bureau now calls "unmarried partner
households" have climbed in number from 523,000
cohabitating heterosexual couples in 1970 to 4,900,000 in
2000: a nine fold increase. Meanwhile, the count of non-family
households in America--those with neither marriage nor
children present-- soared from a mere 7 million in 1960 to
nearly 41 million in 2000: a figure six times as great. At the
same time, the number of married-couple families with children
actually declined slightly in absolute numbers, from 25.7
million back in 1960 to 25.2 million in 2000. Viewed
proportionately, married couple families formed 76 percent of
all households in 1960 but only 53 percent in 2000. We also
see what University of Southern California sociologist
Kingsley Davis calls a "declining marital
output"--that is, fewer children. The U.S. marital
fertility rate fell from 157 (births per 1000 married women,
ages 18-44) in 1957 to only 84 in 1995: a dramatic retreat
from children.[1]
On the other hand, there is mounting clamour for access to
legal marriage among persons in relationships traditionally
denied such treatment. As Lambda Legal explains:
"Same-sex couples want to get married for the
same...reasons as any other couple: they seek security and
protection that come from a legal union...; they want the
recognition from family, friends, and the outside world...;
and they seek the structure and support for their emotional
and economic bonds that a marriage provides."[2]
There are broader legal challenges to the contemporary
institution of marriage, as well. A series of recommendations
from the American Law Institute (ALI) issued last November
would strip traditional marriage of most of its distinctive
legal status--not by direct repeal, but rather by extending
the protections afforded by marriage to other relationships.
The proposals, for example, would extend alimony and property
rights to cohabiting domestic partners, both heterosexual and
homosexual: "A domestic partner is entitled to
compensatory payments on the same basis as a spouse."
Moreover, the ALI urges that adultery be eliminated as a
factor in deciding divorce issues such as child custody and
the division of property: "Justice is hardly served by
treating one spouse's adultery as relevant to the alimony
inquiry." The number of persons who could claim
visitation rights or custody of a child would also expand to
include a "de facto parent" such as the lesbian
partner of a child's biological mother.[3] Meanwhile, the
Alliance for Marriage--chaired by former District of Columbia
Delegate Walter Fauntroy--has put forward in this Congress a
proposed amendment to the U.S. Constitution declaring that
"marriage in the United States shall consist only of the
union of a man and a woman" and prohibiting courts from
conferring marital status on other couples or groups.
Looking at developments in all Western nations, two
scholars note that legal structures touching on marriage that
had been "fairly stable over several centuries have quite
suddenly crumbled under the combined pressure of capitalism,
individualism, and moral anomie." Where "marriage
used to be for life," an exit through divorce has now
become easy and unilateral. The legal role of marriage in
conferring legitimacy on children has also been swept away.
Informal partnerships have gained a rough equality with
traditional marriage. "[E]ven one of the last remnants of
traditional family law, the requirement that spouses and
parents be of different gender, has come under siege,"
with some nations now extending "marriage-like rights to
same-gender couples." As the authors conclude: "The
principles that uncontestedly dominated family law for
hundreds of years have been turned topsy-turvy."[4]
It is also curious to note that, back in 1926, the new
Communist rulers of Soviet Russia shocked the world with a
plan to abolish the legal registration of marriage. As one of
the measure's most passionate advocates, the public prosecutor
Krilenko, explained:
Why should the State know who marries whom? Of course, if
living together and not registration is taken as the test of a
married state, polygamy and polyandry may exist; but the State
can't put up any barriers against this. Free love is the
ultimate aim of a socialist state; in that State marriage will
be free from any kind of obligation, including economic, and
will turn into an absolutely free union of two beings.[5]
While Communism failed horribly and violently as an economic
and political system, its social vision of marriage as
"free from any kind of obligation, including
economic" has actually been achieved in Western Europe,
most completely in Sweden. There, the label
"marriage" survives, but it confers no meaningful
status. All social benefits and taxes assume that the married
couple is actually two individuals. Moreover, a
"traditional marriage" of breadwinner
husband/homemaking wife actually pays a large financial
penalty.[6] As the American Law Institute report suggests, the
legal profession in America now pushes toward the same ends.
Also strange is the fact that--unlike persons in, say,
1957--we now know through compelling, irrefutable social
science evidence that marriage is good for society, good for
adults, and good for children. Books such as Glenn Stanton's
Why Marriage Matters (1997), Linda J. Waite and Maggie
Gallagher's The Case for Marriage (2000), and Bridget Maher's
The Family Portrait (2002) show that traditional marriage is a
great and irreplaceable social gift; every good government has
a vital interest in encouraging as many traditional marriages
as possible. Under its domain, adults are significantly--and
often vastly--healthier, happier, safer, wealthier, and longer
lived. The children of intact traditional marriages are also
much healthier in body, spirit, and mind, more successful in
school and life, and much less likely to use illegal drugs and
alcohol or run afoul of the justice system. These traditional
marriages dramatically reduce public welfare costs, raise
government revenues, and produce a more engaged citizenry.[7]
And yet, the very governments that benefit from intact
traditional marriages often conspire to weaken them.
In this time of confusion, perhaps it is appropriate to ask
the more fundamental question: Just what is marriage? The
ancient Greeks had one answer. According to a legend passed on
by Plato, there was once a being with both male and female
natures who offended the gods and, as punishment, was divided
into male and female halves. Ever since, man and woman must
find their missing half; when they do, they are re-bound in
marriage. The Book of Genesis, held sacred by Jews,
Christians, and Muslims alike, has another answer: "So
God created man in his own image, in the image of God he
created him; male and female he created them. And God blessed
them, and God said to them, 'Be fruitful and multiply and fill
the earth'.... Therefore a man leaves his father and his
mother and cleaves to his wife, and they become one
flesh."[8] The nineteenth century French writer Louis de
Bonald, who helped to lay the foundations for modern social
science, defined marriage as "a potential society,"
becoming "an actual society" only with the birth of
the first child:"In a word, the reason for marriage is
the production of children."[9] Compare these
content-rich images to that of modern sociologists, who
describe "the unique character" of marriage as being
simply "public approval and recognition"; that is,
something, anything, is "marriage" if the
"public" says so.[10]
Being a certified member of the "public," I want
to offer my own rough definition of marriage and draw out
certain policy implications.
Marriage is Peculiarly American
One popular view sees Americans as specially or uniquely
committed to individualism, personal autonomy, and the
cultivation of the self. Some analysts argue that this
attitude goes back even to the colonial days before the
American Revolution.[11]
More careful history tells a very different story. As
Colgate University political scientist Barry Alan Shain
reports in his wonderfully revisionist book, The Myth of
American Individualism:
It appears that...most eighteenth-century Americans cannot
be accurately characterized as predominately
individualistic....The vast majority of Americans lived
voluntarily in morally demanding agricultural communities
shaped by Reformed Protestant social and moral norms. These
communities were defined by overlapping circles of family--and
community--assisted self-regulation and even self-denial.[12]
Indeed, the evidence strongly suggests that America has long
sustained an unusually strong culture of marriage. Ben
Franklin saw it, attributing early and nearly universal
marriage during the mid-eighteenth century to America's
abundance of land and opportunity. "Marriages in America
are more general, and more generally early, than in
Europe," he wrote, with both marriage and birth rates
twice as high as found among the residents of Old Europe.[13]
Twenty years later, Adam Smith saw it, attributing America's
culture of marriage to a thriving economy:
The most decisive mark of the prosperity of any country is
the increase in its number of inhabitants....The value of
children is the greatest of all encouragements to marriage. We
cannot, therefore, wonder that the people in America should
generally marry very young.[14] Alexis de Tocqueville saw it
during visit to America in the middle of the nineteenth
century:
There is certainly no country in the world where the tie of
marriage is more respected than in America, or where conjugal
happiness is more highly or worthily appreciated....While the
European endeavors to forget his domestic troubles by
agitating society, the American derives from his own home that
love of order which he afterwards carries with him into public
affairs.[15] American sociologists saw it in the middle of the
twentieth century, when the average age for first marriage
fell to 20 for women and 22 for men. By 1960, 90 percent of
women between the ages of 25 and 29, and 80 percent of men of
the same age, had already married. By age 40, 95 percent of
all Americans were or had been married.[16]
How did this American culture of marriage work? Allow me
here a personal story, one for the younger folks. My higher
education began at a Lutheran liberal arts school along the
Mississippi River in Illinois: Augustana College. When I
arrived there in September 1967 as a freshly scrubbed First
Year student, the oft-told moral turmoil of the 1960s had not
quite yet reached our campus. Instead, the college president
greeted we new students and our parents in an assembly, where
he noted jovially: "Look around you. You may be sitting
next to your future husband or wife and your future
in-laws." Everyone giggled or laughed, but he spoke the
truth. The Augustana campus, like most colleges of the time,
was the place where one expected to--and did--meet one's
future husband or wife. I know I did, and so did most of my
friends. The expectation of marriage was in the very air;
marriage was assumed to be your next life step. All the
cultural and institutional signals pointed that way.
Today, this assumption and the same signals are not found
on most college and university campuses. A prominent exception
is Brigham Young University, now the nation's largest private
university. There, the expectations of early maturity and
early marriage still exist in everything from the prevailing
atmosphere of the school to the statuary on the campus grounds
which features positive images of motherhood, fatherhood,
children, and home.
Oddly, America's culture of marriage also survives in
another, much more unexpected place: Hollywood. What do the
following popular films have in common: Sleepless in Seattle,
Pretty Woman, Runaway Bride, You've Got Mail, Kate and
Leopold, Sweet Home Alabama, Maid in Manhattan, Notting Hill,
and My Big Fat Greek Wedding? My daughters call them
"chick flicks." A better label might be
"marriage flicks," for all of them cast marriage as
the great, satisfying, and truly fulfilling event in a woman's
life. None of these films, let alone the whole genre, could
have been made in cynical, libertine, post-marriage Western
Europe. The Europeans do not believe in Cinderella anymore;
Americans still do. These films are distinctly our own: signs
of a still-extant cultural yearning for marriage and home.
Marriage is the Union of the Sexual and the Economic
This is not my original observation. Rather, this is the
classic definition of marriage long used by cultural
anthropologists to explicate this institution: namely, men and
women cooperate economically in order to produce and rear
children. According to the great twentieth-century
anthropological surveys, marriage as such is found "in
every known human society."[17] Paleo-anthropologist C.
Owen Lovejoy, writing in Science magazine, musters the
evidence showing that men and women are drawn together by a
natural affinity for each other: an innate desire for a
lasting pair bond. Indeed, he sees this development of
economic cooperation in permanent pair-bonds as the key step
in human evolution--that is, as the essential reason for homo
sapiens' survival and success.[18] It is certainly true that
for thousands of years and for hundreds of generations,
humankind organized most economic tasks around the family
household. The growth, preservation, and preparation of food;
the provision of shelter; the construction of clothing; the
provision of education and medical care--all of these tasks,
and hundreds more, took place in the home. Woman and man, wife
and husband, specialized in their labor, to be sure, according
to their relative strengths and skills. The work of both,
though, was homebound and essential to family survival. Said
another way, the human family has been conditioned to live in
self-sufficient homesteads: on the small farm or in the
village.
Some cast the industrial revolution of the last 150 years
as by far "the greatest technological change that ever
occurred in human society"[19] and as the material source
of contemporary challenges to marriage. Industrialism tore
apart the natural home economy. More precisely, this
revolution shifted the place of work from the home to the
factory or office; it displaced the generalized productive
skills of husbandry and wifery with exaggerated specialization
and commercially purchased goods. For a time, the
"breadwinner/homemaker" model emerged as a
substitute, resting on exaggerated distinctions between
husband and wife and seeking to preserve the home as a shelter
for children. But even this compromise broke down under
ideological attack and a growing demand for female labor by
the offices and factories.
There is much truth in this analysis. However, some go on
to argue that a new family form is now needed: an
"egalitarian" family, without role specialization or
home production of any sort, that would accommodate the
industrial impulse. But it will not work. I agree with
Kingsley Davis that such an "egalitarian family
system"--as seen today most fully in Western
Europe--cannot be sustained. High levels of divorce and
cohabitation combined with low birth rates actually
"raise doubts that societies with this egalitarian system
will [even] survive." [20]
The necessary alternative is to find new ways of
articulating and advancing marriage as an economic
partnership. Between 1948 and 1969, for example, the U.S.
government treated marriage as a true partnership for purposes
of taxation, allowing married couples to "split their
income" like all other legal partnerships. One clear
result was "the marriage boom" of that era, a
phenomenon that ended only after the elimination of income
splitting.[21] In addition, sophisticated calculations from
Australia show that the traditional "home economy"
has not disappeared at all. Even in advanced industrial
societies such as the United States and Australia, the
uncounted but real value of continuing home activities such as
child care, home carpentry, and food preparation is still at
least as large as that of the official economy.[22] Moreover,
a growing number of Americans are actively reversing the
industrialization of activities that were once the family's.
This is how we should see home schooling, for example, now
embracing over two million American children. Stronger
marriages built on the enhanced specialization of husband and
wife are one result.[23]
Marriage is a Balance of Burdens and Benefits
Here, a libertarian perspective offered by Valparaiso
University law professor Richard Stith clarifies the issues at
stake. He notes that liberals and conservatives alike should
agree that state registries of friendships are a bad idea.
Indeed, at present, most kinds of friendships are totally
unregulated in the U.S. Most states have even decriminalized
non-marital sexual relations or no longer enforce
prohibitions. This means that, for example, the participants
in same-sex unions are as free as anyone else to form
long-lasting sexual friendships--and to seal them with
promises, vows, or binding contracts--all without governmental
approval and registration.[24]
Stith emphasizes that only one category of heterosexual
union faces government registry: those entering legal
marriage. But this should not be seen as a liberty or right.
Rather, it is primarily a burden. For the most part, marriage
legislation limits, rather than increases, individual freedom.
Marriage laws commonly mandate the sharing of earnings and
debts, compel obligations of mutual support, and limit rights
to terminate the relationship.[25]
Why do governments leave most friendships free and
unregulated but continue to register and burden heterosexual
unions? Stith replies:
Everyone knows the answer: Sexual relationships between
women and men may generate children, beings at once highly
vulnerable and essential for the future of every
community....Lasting marriage receives public
approbation...because it helps to produce human beings able to
practice ordered liberty.[26] Heterosexual unions can create a
child at any moment, so the public has a deep interest in
their stabilization from the very beginning. In contrast,
same-sex unions are "absolutely infertile;" a public
interest in their stabilization would come only in those
relatively rare cases of adoption by same-sex couples; and
only at the time of adoption, not at the beginning of such a
relationship. The relatively few benefits adhering to legal
marriage (and not available through private contract)--such as
Social Security provisions--are justified as compensation to
those parents who make sacrifices--such as giving up a
career--to raise children. "Such a parent voluntarily
shares the vulnerability of his or her children by becoming a
dependent," and deserves some minimal financial
protection.
Stith asks other pertinent questions: Do we really want
expanded government regulation of friendships? Gun owners, he
notes, see ominous portents in all gun registration schemes.
"How can gays and lesbians be sure registry lists won't
be harmful in the end?" Why limit the extension of
marriage registration and benefits just to unions based on a
couple? Or just on sexual behavior? Since the potential
generation of children is no longer the criterion, why
shouldn't all close friendships be registered and granted
benefits?[27]
Problematically, as qualification for the benefits adhering
to marriage expands, so do the costs, which usually diminish
the net average value of the benefit. It is instructive here
to note that the extension of "marriage rights" to
same-sex couples in Sweden occurred parallel to the stripping
from "marriage" of any meaningful legal status or
economic benefit. The label was gained, but it carried no real
advantage and came at the cost of ending protections for
vulnerable children and self-sacrificing natural parents.
Marriage is a Communal Event
It takes a poet to remind us here that marriage is more
than a bond between two people. Kentuckian Wendell Berry
underscores that marriage also exists to bind the couple as
"parents to children, families to the community, the
community to nature." The new bride and groom "say
their vows to the community as much as to one another, and the
community gathers around them to hear and to wish them well,
on their behalf and on its own." The very health and
future of the community depends on the successful endurance of
these vows. They bind the lovers to each other, "to
forebears, to descendants,...to heaven and earth."
Marriage is "the fundamental connection without which
nothing holds."[28] Even the touch of one married lover
to another:
...feelingly persuades us what we are: one another's and
many others'.... How strange to think of children yet to come,
into whose making we will be made....[29] Berry insists that
sexual love, mediated through marriage, "is the heart of
community life," the force connecting persons to the
Creation and to the earth's abundance and fertility. Using a
favorite metaphor, Berry says that marriage "brings us
into the dance that holds the community together and joins it
to its place."[30]
This community-building task of marriage underscores the
special tragedy of the "no-fault divorce"
revolution. Until the late 1960s, all American states required
a finding of fault--such as adultery, cruelty, or
desertion--before a divorce could occur. Designed to reduce
acrimony in divorce, the introduction of "no-fault"
provisions among the states over the last four decades
actually saw acrimony merely shift to other issues, such as
child custody.[31] Designed to reduce court time devoted to
nasty family conflicts, "[t]he switch from fault divorce
law to no-fault divorce law [actually] led to a measurable
increase in the divorce rate."[32] Most importantly, the
loss of the concept of fault in divorce cases meant abandoning
the shared understanding that the breaking apart of a marriage
was also a kind of crime against the community. Children,
neighbors, friends, and the local community itself would all
be affected--almost always negatively--by the divorce decree.
It is still important that someone be held
accountable--"at fault"--for this unique kind of
blow against community. But in this, we now fail.
Marriage is Political
This is true in a narrow sense, such as the finding
recently reported in BusinessWeek that women are more likely
to vote Democratic after a divorce and more likely to vote
Republican after a marriage.[33]
But I am more interested in marriage as
"political" in the broad sense, as explained by the
English journalist G.K. Chesterton. He understands the family
to be as a "triangle of truisms, of father, mother and
child," an "ancient" institution that
pre-exists the state and one that "cannot be destroyed;
it can only destroy those civilizations which disregard
it." This "small state founded on the sexes is at
once the most voluntary and the most natural of all
self-governing states." Modern governments seek to
isolate individuals from their family, the better to govern
them; to divide in order to weaken. But the family is
self-renewing, an expression of human nature, which builds on
the natural state of marriage. "The ideal for which
[marriage] stands in the state is liberty," Chesterton
writes. It stands for liberty because it is "at once
necessary and voluntary. It is the only check on the state
that is bound to renew itself as eternally as the state, and
more naturally than the state." It creates "a
province of liberty" where truth can find refuge from
persecution and where the good citizen can survive the bad
government.[34]
In sum, I see marriage as specially American, as the union
of the sexual and the economic, as a fruitful balance of
burdens and benefits, as a communal event, and as political in
its essence. What policy implications would I draw from this
analysis? Briefly:
· The states should re-introduce "fault" into
their laws governing divorce. So-called "covenant
marriage" measures, which create a voluntarily entered,
higher-tiered marriage requiring a finding of fault for
dissolution, are a relatively painless way to start the
process. Ideally, fault would be reintroduced in divorce law
across the board, in order to underscore the communal nature
of marriage and the social gravity of divorce.
· All governments should treat marriage as a full economic
partnership. At the federal level, this would mean
reintroducing true "income splitting" in the federal
income tax (which would also eliminate the most notorious
"marriage penalty"). At the state level, this
principle would encourage broader application of the
"community property" concept inherited from the old
Hispanic law codes of the American Southwest.
· The legal status of marriage and any benefits that it
confers should be restricted to the monogamous bonds of women
to men, simply and precisely because this is where children
come from. The health and good order of our communities and
nation depend on these strong marriages. Ideally, this ancient
principle will continue to be recognized by the fifty states.
If necessary, an amendment to the U.S. Constitution to protect
marriage, as so defined, would be justified as a shield from
harmful social engineering. In deference to the principle of
liberty, other human friendships and relationships are
properly left unregulated and unregistered.
· The renewal of an American culture of marriage will rely
primarily on community and religious impulses. All the same,
it is appropriate for federal and state public welfare
programs (such as TANF grants) to seek ways to encourage and
affirm marriage among aid recipients. These are not--and never
have been--strictly private choices. The public interest is
deeply involved in the state of marriage. The welfare of
children and the future of this nation require the creation
and maintenance of strong, married-couple homes. The federal
government can here play an affirmative role.
END NOTES 1. Kingsley Davis, ed., Contemporary
Marriage:Comparative Perspectives on a Changing Institution
(New York: Russell Sage Foundation, 1985): 39. 2.
From:"Talking About the Freedom to Marry," Lambda
Legal, June 20, 2001, at: http://www.lambdalegal.org/cgi-bin/iowa/documents/record?record=47.
3. From:Robert Pear, "Legal Group Urges States to Update
Their Family Law," New York Times (Nov. 30, 2002):1, 2.
4. Harry Willekens and Kirsten Scheive, "Introduction:
The Deep Roots, Stirring Present, and Uncertain Future of
Family Law," Journal of Family Law 28 (2003): 5-14. 5. By
a Woman Resident of Russia, "The Russian Effort to
Abolish Marriage," The Atlantic Monthly (July 1926): 4.
6. See:Allan Carlson, The Swedish Experiment in Family
Politics: The Myrdals and the Interwar Population Crisis (New
Brunswick, NJ: Transaction Books, 1990): chapter 7. 7.
See:Glenn T. Stanton, Why Marriage Matters:Reasons to Believe
in Marriage in Postmodern Society (Colorado Springs, CO:Pinon
Press, 1997); Linda J. Waite and Maggie Gallagher, The Case
for Marriage: Why Married People are Happier, Healthier, and
Better Off Financially (New York: Doubleday, 2000); and
Bridget Maher, ed., The Family Portrait (Washington, D.C.:
Family Research Council, 2002). 8. Genesis 1: 27, 28; 2:24.
Revised Standard Version. 9. Louis de Bonald, On Divorce,
trans. and ed. by Nicholas Davidson (New Brunswick, NJ:
Transaction Publishers, 1992): 63-64. 10. Davis, Contemporary
Marriage, 4. 11. See, for example: Bernard Bailyn, Education
in the Forming of American Society: Needs and Opportunities
for Study (Chapel Hill: University of North Carolina Press,
1960); and Jay Fliegelman, Prodigals and Pilgrims: The
American Revolution Against Patriarchal Authority, 1750-1800
(Cambridge, England:Cambridge University Press, 1982). 12.
Barry Alan Shain, "The Myth of American Individualism:
The Protestant Origins of American Political Thought
(Princeton, NJ: Princeton University Press, 1994): xvi. 13.
Benjamin Franklin, "Observations Concerning the Increase
of Mankind [1755]," in Leonard W. Labaree, ed., The
Papers of Benjamin Franklin, Vol. 4 (Yale University Press,
1961): 228. 14. Adam Smith, The Wealth of Nations [1776]:Book
1, Chapter 8, "Of the Wages of Labour," at http://geolib.com/smith.adam/won1.-08.html.
15. Quoted at: http://www.nccs.net/newsletter/jan00nl.html, 2.
16. Davis, Contemporary Marriage, 31-32. 17. George P. Murdoch,
Social Structure (New York: The Free Press, 1965 [1949]). 18.
C. Owen Lovejoy, "The Origin of Man," Science 211
(Jan. 23, 1981): 348. 19. Kingsley Davis, "Wives and
Work: A Theory of the Sex-Role Revolution and Its
Consequences, " in Sanford M. Dornbusch and Myra H.
Strober, eds., Feminism, Children and the New Families (New
York: The Guilford Press, 1988): 71. 20. Davis, "Wives
and Work," 79-80, 82, 84. 21. See:Allan Carlson,
"Taxing the Family: An American Version of Paradise
Lost?" Family Policy Review 1 (Spring 2003):1-20. 22.
See:Duncan Ironmonger, "The Domestic Economy: $340
Billion of G.H.P.," in B. Muehlenberg, ed., The Family:
There is No Other Way (Melbourne: Australian Family
Association, 1996): 132-46. 23. See:Lawrence M. Rudner,
"Scholastic Achievement and Demographic Characteristics
of Home School Students in 1998," Education Policy
Analysis Archives, (March 23, 1999): 7-8, 12. 24. Richard
Stith, "Keep Friendship Unregulated," The Cresset
(Easter 2003): 47-49. 25. For a summary of these burdens, see:
Michael S. Wald, "Same-Sex Couples: Marriage, Families,
and Children: The Legal Consequences of Marriage,"
Stanford University Law School (1999); at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=203649.
26. Stith, "Keep Friendship Unregulated," 47. 27.
Ibid., 47-48. 28. Wendell Berry, Sex, Economy, Freedom and
Community (New York and San Francisco: Pantheon Books, 1992,
1993): 120-21, 133, 139. 29. Wendell Berry, A Timbered Choir:
The Sabbath Poems, 1979-1997 (Washington, DC: Counterpoint,
1998): 99. Emphasis added. 30. Berry, Sex, Economy, Freedom
and Community, 133. 31. See:Bryce Christensen, "No-Fault
Divorce and the Family: The New Negative Sum Game," The
Family in America 7 (February 1993): 1-8. 32. Paul A.
Nakonezny, Robert D. Shull, Joseph Lee Rodgers, "The
Effect of No-Fault Divorce Law on the Divorce Rate Across the
50 States and Its Relation to Income, Education, and
Religiosity," Journal of Marriage and the Family 57
(1995): 477-88. 33. Gene Koretz, "Divorce and Women
Voters," Mar. 11, 2002; at: http://www.businessweek.com:/print/magazine/content/02_10/c3773041.htm?pi.
34. G.K. Chesterton, Family, Society, Politics, Vol. 4 of The
Collected Works of G.K. Chesterton (San Francisco:Ignatius
Press, 1987): 237, 242-45, 252-56.
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