Divorce of course
Some prominent conservative lawmakers and commentators are advocating for ending no-fault divorce, laws that exist in all 50 US states and allow a person to end a marriage without having to prove a spouse did something wrong, like commit adultery or domestic violence.
The socially conservative, and often religious, rightwing opponents of such divorce laws are arguing that the practice deprives people – mostly men – of due process and hurt families, and by extension, society. Republican lawmakers in Louisiana, Oklahoma, Nebraska and Texas have discussed eliminating or increasing restrictions on no-fault marriage laws.
Defenders of the laws, which states started passing a half-century ago, see legislation and arguments to repeal them as the latest effort to restrict women’s rights – following the overturning of Roe v Wade and passage of abortion bans around the country – and say that without such protections, the country would return to an earlier era when women were often trapped in abusive marriages.
“No-fault divorce is critical to the ability, particularly the ability of women, to be able to exercise autonomy in their own relationships, in their own lives,” said Denise Lieberman, an adjunct professor at the Washington University School of Law in St Louis, who has a specialty in policies concerning gender, sexuality and sexual violence.
Before 1969, when then California Republican governor Ronald Reagan, who had been divorced, approved the country’s first no-fault divorce law, women, who are more likely to experience violence from an intimate partner, were often forced to stay in marriages. If they could not prove that their husband had been abusive or persuade him to grant a divorce, they would not be able to take any assets from the marriage or remarry, according to a study in the Quarterly Journal of Economics.
Of course they want to make sure that women are held prisoner in abusive marriages. That’s kind of at the heart of patriarchy.
When they liberalized the divorce laws there were some consequences that these throwbacks just can’t stand:
Between 1976 and 1985, states that passed the laws saw their domestic violence rates against men and women fall by about 30%; the number of women murdered by an intimate partner declined by 10%; and female suicide rates declined by 8 to 16%.
It’s not just the far right evangelical nuts either:
Conservative commentators such as Matt Walsh, Steven Crowder and lawmakers such as the Republican senator JD Vance of Ohio have argued that the laws are unfair to men and hurt society because they lead to more divorces.
The divorce rate in the United States increased significantly from 1960, when it was 9.2 per 1,000 married women, to 22.6 in 1980. But by 2022, the rate had fallen to 14.5.
On the increase in divorces, Vance said in 2021: “One of the great tricks that I think the sexual revolution pulled on the American populace” is the idea that “these marriages were fundamentally, you know, they were maybe even violent, but certainly they were unhappy, and so getting rid of them and making it easier for people to shift spouses like they change their underwear, that’s going to make people happier in the long term”.
I think Vance is going to be a force in politics for a long time to come and may be the heir apparent after this election. He is a dangerous piece of work. But he isn’t alone.
This is the world that real Christian nationalism will be seeking once the libertine imbecile is off the stage. I’m not sure America really wants this but if the Project 2025, Opus Dei weirdos have their way, they aren’t going to have a choice.
