C
chevalier
Guest
My point was more metaphorical, i.e. same school of draftsmanship, same ultimate origin. Let’s not confuse judicial votes and signatures with the origin of the rhetoric and the approach.. It’s not a mystery who “drafted” Roe v.Wade - the majority opinion was penned by Justice Blackmun and signed by 6 other (named) justices.
No need to recount that.Likewise, the history of no fault divorce legislation in the US is equally transparent. Laws changed in all 50 states over the course of 4 or so decades, with the laws in each state varying. It started in CA (under Reagan), and ended in NY.
That’s the official version. And yes, it appears solid on the face, given the amount of perjury and collusion involved in procuring a mutually desired divorce by some parties desperate to get one. Still, the whole thing shows an understanding of marriage more akin to Roman law, i.e. consensual affair that lasts as long as the consent does (old stuff, nothing new).For the most part, it wasn’t pushed for by people wanting to leave their spouses, but by judges sick of having to humor couples as they perjured themselves to get out of marriage. The grumbling about this in the legal community started decades earlier.
I’m not exactly convinced the cure is proportionate to the mischief.I’m all for preserving marriage, I just don’t think the end of legal no fault divorce would make a whit of difference; it would just backlog courts and make divorce and custody even more contentious. (If someone is pushed to label their ex ‘cruel’ or ‘abusive’ in court just to get a divorce, good luck on joint custody). It’s not a moral issue, just a practical one from the perspective of the state.