EJF Newsletter Descent Into Darkness| EJF Home | More newsletters | Get EJF newsletter | Find Help | Join the EJF | Comments? |
| Civilization | Families and Marriage | Global Domestic Violence | Domestic Violence Against Men in Colorado | Emerson story |
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Prof. Stephen Baskerville (and EJF Director) continues his prolific quest against injustice and preserving civilization. In a recent article he asks whether Neo-Cons Are Taking Control of Domestic Policy Too? And if you haven't seen his latest book Who Lost America? Why The United States Went “Communist” and What To Do About It, you might want to get it if you value freedom.
A basic function of government is to provide for public safety. Thus, it seems difficult to imagine how making a substance or a drug illegal provides more public safety than regulating the dosage and ensuring the quality and purity of that substance. We put forth the 18th Amendment, ratified in 1919, and its results as an example. It took a state convention to pass the 21st Amendment in 1933 to repeal the 18th Amendment and end the lawlessness of Prohibition. This is the only time in United States history that a state convention as provided for in Article 5 has been used to amend the Constitution.
But the Puritan strain in American government runs deep and they failed to learn from their attempt to outlaw alcohol that criminal justice policies that mis-conceptualize the problem they seek to solve are doomed from their inception.
In 1971 Nixon declared a War on Drugs. Later Nixon, facing impeachment, resigned as President; after his Vice President Agnew had also resigned in disgrace. The principal target of the War on Drugs was marijuana and millions were arrested on pot charges, disproportionately Brown and Black men. Finally in 2000 Colorado legalized medical marijuana, and recreational use in 2012. Marijuana is now legal and regulated for recreational use in 24 states and for medical use in 40 states. Additionally, seven states have decriminalized its use. But it wasn't until 2026 that the President reclassified marijuana as a Schedule III substance so that research might be legally conducted.
But a new strain of state control arose in 1994. Then Senator Biden sponsored the Violence Against Women Act (VAWA). That act presumed that basically all domestic violence (DV) was initiated by men, typically the woman's intimate partner, and was done in order to support the “patriarchy.” The Duluth model evolved to treat abusive men and milk the new funding VAWA made available. But the Duluth model was a complete failure with regard to preventing DV, and is unsupported by scientific research.
Thus, as with alcohol and drugs, attempts to control public behavior and morals through legislation have failed (see Dutton, 2009).
But feminists loved VAWA as it gave women a high level of control over men, and it is impossible to make DV legal. Following the passage of VAWA a multitude of draconian laws were passed that gave women the power to have a man arrested without a warrant, force men from their homes and children with nothing more than the clothes on their back without even a pretense of due process, searches made without a warrant, seizures of a man's property without redress, mandatory arrests often based on nothing more than hearsay, assuming the accused is guilty until proven innocent, mere allegations that sufficed as proof, denial of the right to confront the accuser and obtain witnesses in one's defense, denied the assistance of counsel, punishment and imprisonment that occurs before a trial or without one, public censure for crimes men have not committed, indentured servitude and often outright slavery, and more. These are acts of a police state and the policies of tyrants.
These draconian actions are typical of communist regimes that are the antithesis of the ideals of the American Republic. Since, in practice, communist states are typically governed by a single party that maintains strict control over political and economic life, feminists have found it expedient to promote communist methods to effectively take over the Democrat Party in order to further their objectives.
And to add to the mix, “family” courts were added, as well as “no fault” divorce, child protective services (CPS), abortion on demand, and so on and all became law.
It seems to the EJF that two major social problems today are “no fault” divorce and “domestic violence.”
“No fault” divorce was initiated by a California Assemblyman who was going through a contentious divorce. In the hope (false) that it would ease the growing problems of divorce courts it was soon adopted by most states.
However, instead of easing marriage problems, it soon led to an avalanche of divorces that threatens to end the valuable institution of marriage. Intended to make divorce less painful, it soon became the standard whereas a woman could file for divorce on any or imaginary grounds and be awarded the house, the car, the kids, alimony, and child support. Wives often backed up their claims for such awards by claims of domestic violence and child abuse.
As a result, under current laws a man has to be functionally insane to marry and a drooling idiot to sire a child. As a result, the birthrate has dropped to about 1.6 children per female, whereas the minimum birthrate to simply maintain a population is 2.1 children per female (assuming modern healthcare).
While “no fault” divorce may have undeniable value in some cases, we suggest that use should be limited to: (1) marriages of under five years duration, (2) no children resulting from the marriage and, (3) all assets and debts of the couple being mutually divided between them without intervention of the court.
For marriages of longer duration, or where children are involved, a full court hearing should be required. We would also suggest that if children are involved that a DNA parental test be conducted on the children as science has shown that roughly 30% of all such tests show the man tested was not the father of the children in question.
In dealing with domestic violence there are two basic questions: (1) how common is criminal DV, and (2) what are the reasons for the violence?
Numerous studies have found that roughly 50% of DV cases amounts to mutual combat. Of the remainder, current studies show ~35% of all perpetrators are female and only ~15% are male.
It is estimated that about 1 in 4 men and women will face severe physical violence from an intimate partner in their lifetime with statistics suggesting that around 10 million men and women will experience some level of domestic violence in a given year. However, the very great majority of what is termed “abuse” is arguing, shouting, pushing, shoving, or similar acts that cause little or no physical injury. Most couples engage in such acts, referred to as “common couple violence,” at some point in their relationship, and these acts should not reasonably be considered the province of the police or courts in a free society; although under current laws they commonly are, especially in divorce and child custody cases.
By most accounts, VAWA has lowered the overall rate of violence against men more than that against women. Men have learned to be very cautious around women and have in large measure wisely abandoned marriage and having children. However, false charges of “domestic violence” or abuse remain very common. Estimates of false DV allegations range from 10% to 35% of all cases, particularly in family law cases, and are known as the “abuse excuse.” In restraining orders, issued ex parte, false allegations probably exceed 50% as there are no legal repercussions for filing a false claim.
Obviously, charges of domestic violence or abuse, whether true or not, have become the weapon of choice in couple's conflicts!
While there are many abuses of current DV laws, plainly there are real cases of DV, including homicides and suicides.
Dutton recently published an article examining the motives of male and female perpetrators of DV summarized in the following table:
Note that the feminist claim that men use power and control as their primary reason for committing DV to maintain the patriarchy is not supported by either the data or the perpetrators. Nor is the claim by feminists that women use domestic violence almost entirely in self defense valid as that is the least claimed motive by female perpetrators.
But what underlies men or women using physical violence against an intimate partner? Hitting and kicking an intimate partner are not normal behavior for most lovers. Research has clearly found domestic violence to be associated with alcoholism, money, borderline personality disorder (BPD), bipolar disorder, traumatic brain injuries (TBI), post traumatic stress disorder (PTSD), hormonal imbalance, e.g., perimenopause, and various psychoses.
Available evidence suggests that if we don't eliminate or grossly reduce the use of “no fault” divorce, in effect allowing one partner to unilaterally void their marriage contract, that it will be impossible to restore the prominence of families and marriage in our society. And without families and marriage it seems unlikely that the birthrate can be elevated again to at least replacement levels.
Society, driven by feminist dogma, has been using a sledgehammer to try and shell a peanut on the issue of domestic violence. We have been left with the crumbs from millions of broken homes and marriages, a birthrate far below replacement level, and a failing society on its way to extinction.
Clearly, we need to limit “no fault” divorce to save what children we have; and we must restrict “domestic violence” to actual criminal cases where mens rea and actus reus can be demonstrated to a jury; and stop issuing ex parte restraining orders.
Obviously we don't have all the answers. It is even more obvious that we don't even know all the questions. But it seems certain that if we don't quit blaming men with a crime over a lover's quarrel, civilization will cease as there won't be any children left.
| EJF Home | More newsletters | Get EJF newsletter | Find Help | Join the EJF | Comments? |
| Civilization | Families and Marriage | Global Domestic Violence | Domestic Violence Against Men in Colorado | Emerson story |
| Courts, Veteran Courts, & Civil Liberties | Prohibition & War On Drugs | Vote Fraud & Election Issues |