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Culture War Roundup for the week of January 2, 2023

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Where are the Conservative Critiques of Family Court?

Conservatives, especially religious conservatives go on and on about the collapse of the family, declining sexual morality, and the increasing millennial failure to form families or have kids...

And yet I cannot think of a single major right wing thinker who's talked about one of the top 3 things causing all of this and which, unlike the pill, is a pure matter of public policy and government officials preying on the populace: Family court.

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Just as abortion was sacralized in post-60s as fundamental inalienable right, that women should not be forced to carry to term or have a child and deal with the financial and social burden it represented... and just as religious conservatives the country over started begging and pleading with women to not abort, but instead to have the child, and then give it up for adoption, that "obviously" they should not be burdened personally and financially with raising a child for 18 years over 1 night's sexual concourse... just please don't kill.

A new set of institutions were put in place to recreate every social, financial, personal, and hypothetical legal burden that even the most fever dreamed feminist never imagined a patriarchy might impose over one night's coupling. But for men.

Just as it became sacrosanct that every woman should be able to have sex and escape any possible financial or personal burden, even if she doesn't use protection, nor takes the morning after pill, nor avails her self of first trimester abortion, nor second, nor third, nor gives it up for adoption in the first, second, third or forth year, but in the fifth year, or even the fifthteenth! surrender the child to the state or for adoption with no ongoing legal, social, or financial penalty...

It became equally understood that the very second of coitus (or even without it if the sperm is stollen). That absolutely an child conceived will result in the man's complete legal and financial ruin. That the legal system gains full power over every asset, skill, or income source, he has ever or might ever have, and that if he tries to evade legal """Responsibility""" (as if this something that would ever consider being applied to a citizen of one of the other 82 genders) his wages will be garnished, his assets forcibly confiscated, he may be imprisoned, and in many jurisdictions his passport might even be confiscated.

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And yet Conservatives who claim to be critics of the state and claim to be critics of state intervention in family life... seemingly have nothing to say about marriage and the family being converted from an inviolable religious and moral compact, to a state contract whereby the entire thing can be disolved, and indeed is financially incentivized to be dissolved... except for the part where every asset and dime you might ever make is now at the sole discretion of the state for how it would like to redirect them.

They have nothing to say about a religious partnership essential being converted into a slavery contract. Nor that instead of doing the reasonable "Egalitarian" thing like setting a standard child support amount that all non-custody parents should be expected to pay as a universal obligation (all children being equal) family court judges are instead allowed incredible discretion to assign amounts based on the income or percieved competence of the non-custody spouse... because obviously bieng productive is the worst possible crime in our society.

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This is the great trend of conservative criticism. Point at the decay, (failing families, schools, communities, ethics) but cower from even raising the possibility that the laws and policies which caused the decay might be reversed.

Every conservative laments the decline of the family... none will suggest ending no-fault divorce or reversing the presumption of custody, such that a parent who cannot afford to raise a child on their own is presumed to be the parent less qualified to receive custody, thus removing the incentive for an unproductive deadbeat wife to divorce as a means to take her husband's assets.

Every conservative laments that social institutions used to work better, and that social values are decaying... none will broach returning to the policies and matterial realities that produced those quality institutions.

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Edit/ Addendum: (realized I didn't include this las night)

My solution is the same one that has worked throughout all of history in every institution that's been functional:

The person with the power is the person with the responsibility.

If women are to be empowered to abort whenever they like, surrender to adoption or the state whenever they like, and generally have full control... THEN THEY SOULD BARE FULL, TOTAL, AND FINAL FINANCIAL RESPONCIBILITY.

Family court should not exist.

The names on the bank accounts keep the accounts. Same with the houses and assets. And any joint assets accounts are divided in even... you don't even need a court all these things would happen naturally and the banks, etc. would oversee the pre-arranged division.

80% of divorces are started by women... this would end that very quickly and defacto limit divorce once again to real documentable instances of abuse. Since there would no longer be a financial incentive.

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Out of wedlock births should never result in a court case unless there is a criminal charge of sexual assault.

It should simply be the woman's full and final responsibility.

These are the conditions that produced the sexual norms conservatives were so fond of In the 19th century and before, if a man got a woman pregnant out of wedlock, that was a her problem. Full stop.

Even if a community thought they could try to force the responsibility on him, he could just disappear a few towns over.

This is what created the intense emphasis on chastity, and the sense of ruin that accompanied fallen women.

THESE ARE OUR TRADITIONAL SEXUAL VALUES AND INSTITUTIONS.

And not a single conservative will just full mouthed endorse a return to how things worked in 1890, instead they gesture at some version of a welfare state that never existed and lament sexual morality is collapsing whilst they use the violence of the state to prop up that immorality

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If the founding father's had been threatened with a coterie of lawyers threatening to drive a wedge between them and their wives, then claiming for themselves the power to divvy up every child, animal and asset whilst claiming for themselves a share (often the lion's share)... The founding father's would have slaughtered them to the last.

What do you imagine to be the tradeoffs of your plan?

What I anticipate if it were implemented: huge numbers of men swearing off financial responsibility for the kids they father out of wedlock. Instead of them paying for the upkeep of kids, the responsibility switches to the government. Which is to say, taxpayers: people who never have sex, people who have sex responsibly and don't have kids, and people who have kids and take responsibility for them. The only people to benefit from financial abortions are men who have lots of irresponsible sex, with more irresponsible sex being better rewarded.

That's not to say family courts are great or can't be improved, but the government being involved in intimate disputes will always result in some people getting screwed, because it doesn't have the capability to get full visibility into the situation.

So just don't fund them through tax dollars.

A child is an expense little different from a dog. Its 20-100 lbs of mammal. Everything else is social signalling.

If a mother actually can't earn enough to afford to feed it in her studio apartment... she should give it up for adoption as anyone that incapable is clearly also going to be incapable at everything else to do with child rearing.

We have millions of competent well adjusted infertile couples who wish they could adopt... why the hell do we subsidize incompetent mothers one penny?

Oh, so now you’re assuming away the disaster that is our foster care and adoption system. Just have the free market do it, I guess.

How many “competent well adjusted infertile” couples are there, really? Are they still champing at the bit if you slash all government involvement? If you flood the adoption pool by removing all consequences for lovin’ and leavin’?

How many “competent well adjusted infertile” couples are there, really?

Iirc there’s a ratio of about 20 families per child waiting for adoption

I’m seeing ~2 million families in the adoption process and 113,000 eligible children in 2021. So...yeah, that’s about right. Is this just CPS bureaucracy? I’d think the state would want to hand kids off ASAP.

53,500 were adopted. Contrast the >17 million children living with single mothers. Assuming an even distribution, that’s still almost a million per year. What fraction of those would be dumped into the adoption system if child support were demolished?

To start with, only about 30% of single mothers receive child support to begin with, and surely some(if not most) of those would choose not to give up their children if it gets cut off.

Lowball well over 50% of those wouldn't surrender, and if they're recieving child support then there's a father who hasn't disappeared who would presumably be willing to assume custody in again over 50% of cases...

Considering any woman getting child support is middle-class enough to have gone through the legal system and won a court case... the final number who might surrender is probably under 5% of women receiving child support.

I doubt that any woman receiving child support is necessarily out of poverty, but agree with the broader point that for most, the alternative to child support is being poorer, not surrendering their children.

Bureaucracy is part of it, but part of it is also a very uneven demand for children. Contra the claims of adoption advocates infertile couples do not regard any child as better than no child. There is very high demand for young (infant) healthy children. There is very low demand for kids who are older, or have behavioral problems, or disabilities.

Who would've thought.