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During the recent brouhaha over the Trump administration’s immigration policy, Vice President JD Vance drew fire for daring to say in an interview that love of family comes first in the order of priorities.
How right he is — marriage and family in the United States are in serious trouble. The Biden administration had a border czar. The Trump administration needs a family one, and Vance is ideal for the job. He’s a devoted family man and a devout Catholic who believes in the sanctity of marriage.
The marriage rate has plummeted to its lowest rate in recorded history. Cohabitation outstrips it, increasing the likelihood of divorce. Polygamy and its known historical association with violence toward women is rising. Fatherless homes persist. Four in 10 children are born to unmarried parents, and make that 7 in 10 black children.
HOW TRUMP CAN SUPPORT HOMESCHOOL FAMILIES
In his new book, The Perilous Fight: Overcoming Our Culture’s War on the American Family, Ben Carson writes that the destabilization of marriage and family has reached such a catastrophic level that our nation’s future hangs in the balance. He argues that our societal ills derive from persistent assault on the American family. For example, children not raised by married parents are twice as likely to end up incarcerated and three times as likely to be impoverished.
Marriage, however, is the gold standard for the flourishing of families. A study conducted by Brookings and Princeton, for example, shows a strong correlation between traditional families and lower child poverty, upward mobility, and increased wealth, a phenomenon known as the “two-parent privilege.”
Although divorce rates have leveled off, partly due to the decline of marriage, they remain high. The sweeping devastation is well-settled.
Divorced women suffer financially, while divorced men have exponentially higher suicide rates. Children from divorced homes have increased rates of poverty, incarceration, depression, substance abuse, suicide, teen pregnancy, and more. And neighborhoods dominated by single-parent households have higher rates of violence.
In 2021, Vance observed that no-fault divorce was one of the “great tricks” pulled on the public, making it easy for people “to shift spouses like they change their underwear.”
Indeed, unilateral no-fault divorce laws clearly nullify the fundamental right to marriage. These laws contravene the constitutional guarantee of due process by sanctioning plaintiffs to divorce spouses against their will and without cause, by merely alleging the marriage is irretrievably broken.
Defendant spouses have no right to call or cross-examine witnesses, or present evidence. By requiring judgment in plaintiffs’ favor, defendants are denied their right to a fair and impartial judicial decision before they are divested of marital property. Courts further restrict and apportion access to children in violation of the fundamental right of parents to raise their offspring.
For more than a year, feminists have been up in arms about so-called conservative efforts to abolish no-fault divorce, even though attempts to repeal the laws have failed miserably for decades. They’ve tried to skewer Vance by absurdly suggesting his critique of no-fault divorce was tantamount to approval of marital violence. This is a classic tactic I’ve witnessed personally, including in my home state of Georgia, even with modest legislation explicitly protecting abuse victims. More than a hint of hypocrisy I’d say to criticize policy toward migrants as violating the second commandment while having no problem with laws that permit throwing spouses and children under the divorce bus.
Still, conservatives are wary of being accused of engaging in a war on women if they support divorce reform. Others are guided by self-interest. Lawyers are influential lobbyists, and the matrimonial bar is a booming business. Frankly, conservatives have been shortsighted, too. They have been more occupied fighting gay marriage, which accounts for only 1.2% of U.S. marriages.
But Vance does have backers. House Speaker Mike Johnson (R-LA) has denounced no-fault divorce for decades. Carson has urged legislation to abolish no-fault divorce. There are a few others, such as Vivek Ramaswamy and Sen. Tom Cotton (R-AR). I’m heartsick my progressive sister Hillary Clinton has abandoned her post.
Still, support from a handful of conservatives won’t be enough to counter conservative apathy. Trump’s backing is crucial. In his own way, he’s a devoted family man. Despite two divorces, what seems to make him most proud, even more than his own accomplishments, is his family. His face lights up with genuine affection when he speaks of them. His children and grandchildren seem equally and genuinely fond of him.
Trump has pledged to make America healthier, wealthier, and safer. To do that, he needs to strengthen the family at its core with policies that support marriage, such as child tax credits, elimination of marriage penalties, and fatherhood programs, along with eradicating unilateral no-fault divorce. Marriage and family shouldn’t just be one line item on the administration’s bucket list. Rather, it’s the hub from which all policies should flow.
More and better jobs, lower prices at the grocery store, and safer communities are all well and good. But they are short-term fixes without a healthy family structure underneath them.
Of course, the Trump administration cannot simply veto state divorce laws. Congress, too, lacks the power. But when a proper case reaches its desk, the Supreme Court has the authority to declare such laws unconstitutional, as demonstrated by a long line of precedent.
These laws can also be eradicated one by one at the state level. There, too, the administration’s leadership is crucial. After California enacted the first no-fault divorce law, divorce fever swept the nation. What a triumph if elimination had a similar domino effect.
Trump’s closing words during his acceptance speech struck me. “I will govern by a simple motto,” he said. “Promises made, promises kept. We’re going to keep our promises. Nothing will stop me from keeping my word to you, the people.”
What more credible way to demonstrate the veracity of his pledge than to lead by example? By putting his own personal, marital promise to first lady Melania Trump on the line.
If he’s not courageous enough to do that, how can people expect him to honor his own, lesser promises to us, mere strangers?
BROKEN FAMILIES BREAK CHILDREN
The country remains divided over the validity of Trump’s New York criminal prosecution. But the president’s position is clear. The day after his sentencing he said: “As the American people have seen, this ‘case’ had no crime, no damages, no proof, no facts, no Law, only a highly conflicted judge … a despicable charade.” How is that different from the unconstitutional injustices against women, men, and children, every day in family courts for over five decades?
I urge Trump to stand tall for America’s families. I urge him to choose Vance to spearhead the effort. And together, may they restore the American dream and the excellence that is the American family.
Beverly Willett is an author, retired lawyer, and co-founder of the Coalition for Divorce Reform.