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Friday, May 26, 2006

Presidential Politics & "Fuzzy Math" (Chapter 82): Divorce?

With the growing recognition of the need for statistical literacy among lawyers, law students, and law professors, I feel like we should add another group: politicians.

There are three basic prerequisites that almost guarantee ... that a child won't have a day of poverty. If a person gets married and remains married in a monogamous relationship for life, finishes high school, gets a job, and keeps a job for at least five years, there's a 91 percent likelihood that a ... child in that family will not have poverty.

This from Arkansas Governor (and probable 2008 presidential candidate) Mike Huckabee.

Gov. Huckabee is be venturing far, far beyond what the stats actually prove when he says that because married high school grads (who keep their marriages and jobs intact) rarely find their kids in poverty, those three factors -- marriage, high school, and employment -- "virtually guarantee" non-poverty.  I think any sociologist worth his or her salt would tell you that the correlation between poverty and those other social indicators has a lot to do with other core factors.  Liberals would point to the quality of the local educational system and local job opportunities; conservative would point to pre-existing family structure (i.e., what kind of family you grew up in) and personal behavi0r (e.g., impulse control and violent tendencies); and both side surely are right.

All Huckabee is spotting is that poverty correlates with employment, high school, and marriage.  Come to think of it, isn't some of that pretty darned obvious?  If you have more education, you are less likely to be in poverty; and even more deeply in the "duh" department, if you consistently hold a job, you are less likely to be in poverty.  No word from the Governor as to whether he's also sussed out that "having a big bank account" is a fourth factor that "virtually guarantees" you won't be in poverty.

Yet Huckabee is using his "analysis" to make a serious point about no-fault devorce laws, which brings me to my second qualm about Huckabee Math:

[N]o-fault divorce became the vogue in the early '60s. When states first introduced it, then everybody got on the bandwagon, and the result is now one in two marriages virtually ends in divorce in the country.

Calling all cars: family law folk, three questions:

(1) Has anyone studied whether no-fault divorce has caused an increase in divorce?

(2) Is it really true that "everybody got on the bandwagon"? I'm pretty sure New York, for example, doesn't have no-fault divorce.

(3) Has anyone seriously studied whether the increase in divorce has been, at least in part, a good thing? If we go back to Huckabee's good ol' days (e.g., he said, "The country was better off with Leave it to Beaver than Beavis and Butthead. We were better off when The Gideons gave Bibles to the fifth graders than when school nurses gave condoms to the sixth graders. "), weren't there a lot of couples staying together despite serious spousal abuse that, today, would've resulted in a divorce? Isn't it a good thing that some marriages end in divorce?

Posted by Scott on May 26, 2006 at 10:33 AM in Current Affairs | Permalink

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Ah, but where does Huckabee stand on the issue of making meaningless, stupid, innumerate, misleading, and freighted-with-social-value misapplications of statistics, BSR?

Or is that not in the blog?

If correlation were causation, and bigotry and prejudice a substitute for policy, then we could simply determine that all members of group X were successful and happy (the rich, the white, the members of religion Y, adherents of Z, whatever) and then require everyone to become that.

Gosh, what a nice solution Huckster has. Who hearts Huckabees?

Posted by: Eh Nonymous | May 31, 2006 5:02:41 PM

BSR: Are you (a) just plugging your own blog or (b) implying that I said something inaccurate about Huckabee's positions? As to (b): Everything I quoted/cited was directly from the transcript of a lengthy interview he gave.

Posted by: Scott Moss | May 26, 2006 6:37:42 PM

You may learn where Mike Huckabee actually stands on the issue of family values at www.mikehuckabeepresident2008.blogspot.com

BSR

Posted by: BSR | May 26, 2006 6:13:24 PM

No-fault divorce laws were specifically designed to make divorce easier. Is it really controversial that they did so?

The real problem with Huckabee's reasoning is that there have been many other moving parts in society since divorce laws were liberalized. Returning to fault-based divorce has a short-term effect on existing married couples, but future couples will choose to avoid marriage to avoid the legal entanglements caused by strict divorce laws. In modern society, where there is no real stigma to premarital sex or even out-of-wedlock births, Huckabee's proposed solution would likely decrease, rather than increase, two-parent families. (Compare: pre-sexual revolution, where marriage was a prerequisite for sexual behavior. It's why your grandparents married at 20 and you're getting married closer to 30.) New York still has fault-based divorce, and doesn't seem to have any shortage of single-parent households. Of course, that's not to say that certain social conservatives wouldn't like to re-regulate extramarital sexual behavior.

Posted by: Ted | May 26, 2006 2:24:12 PM

I have the anti-poverty silver bullet for Gov. Huckabee. My own personal research demonstrates that, where parents have enormous sums of cash in their bank accounts, there is a 99.99999% likelihood that a child in that family will not have poverty.

Posted by: jw | May 26, 2006 11:59:10 AM

The issue is jumping to the solution rather than identifying the problem. And politicians of course sound a lot more electable if they are proposing solutions. (Boy, this is a lot more interesting than the other thing I am supposed to be doing on the computer!)

There is certainly a good faith popular perception that there is a relationship between the breakdown of the stable two parent family and the development of a permanent "underclass." Touching on this raises all sorts of issues of correctness and sensibility about families and family values, so note I did not say "traditional." (Case in point on the touchy relationship of the interpretation of data and political values: the Freakonomics thesis that the legalization of abortion does not just correlate with, but is a causal explanation of, a reduction in the crime rate.) Not that it is in any way rigorous, but I attended a dinner almost ten years ago at which Tim Russert was the speaker in which he said (and I'm sure he has said so again and more publicly) that he thought it was the most significant problem facing the country. (I think he is a fair-minded, aware kind of guy.)

I just typed "two parent family poverty correlation" into Google and pulled up a host of stuff, so somebody is working on it from a research standpoint. Now the root causes I am sure are complex, and there is no easy solution to getting out of the cycle of poverty and babies having babies, but it seems hard to argue there is no relationship at all.

Lawrence Friedman (I think reflecting his Wisconsin law and society orientation) posited that law is a way to make a statement of solution that really is a surrogate for something else. (Or law reflects society rather than the other way around.) The example in Law and Society (as I recall) was Prohibition. While on the surface it was about alcohol, in many ways it was as much about "family values" (in reaction to the new urban-immigrant-complex-dissolute-immoral society) as Huckabee's paean to the old style divorce laws. Where do politicians work? Government. What does government do? Pass laws. What do we do to solve a problem? Have government pass a law even if it is like holding back the tide (Prohibition will stop drinking; divorce with fault will hold marriages together, etc.)

The point is that there's nothing new under the sun. And it's not really even about statistics. It's really about cutting through to the underlying assumptions and root causes, and determining if the law proposed as a solution really addresses any of them.

Posted by: Jeff Lipshaw | May 26, 2006 11:53:15 AM

There has been research on this topic, most notably the seminal work of the late Herb Jacob (see below); not that I'm a fan of Huckabee's remarks.

(I apologize in advance if this gets double posted; an earlier attempt didnt seem to "take".)

********************
Jeff Yates
Associate Professor
Department of Political Science
University of Georgia
Web: http://www.uga.edu/pol-sci/people/yates.htm
SSRN page: http://ssrn.com/author=454290

Jacob, Herbert Silent Revolution: The Transformation of Divorce Law in the United States. 220 p. 1988

LC: 87037483

Cloth $37.50spec 0-226-38951-0
Conflict and controversy usually accompany major social changes in America. Such issues as civil rights, abortion, and the proposed Equal Rights Amendment provoke strong and divisive reactions, attract extensive media coverage, and generate heated legislative debate. Some theorists even claim that only mobilization and publicity can stimulate significant legislative change. How is it possible, then, that a wholesale revamping of American divorce law occurred with scarcely a whisper of controversy and without any national debate? This is the central question posed—and authoritatively answered—in Herbert Jacob's Silent Revolution.

Since 1966, divorce laws in the United States have undergone a radical transformation. No-fault divorce is now universally available. Alimony functions simply as a brief transitional payment to help a dependent spouse become independent. Most states divide assets at divorce according to a community property scheme, and, whenever possible, many courts prefer to award custody of children to the mother and the father jointly.

These changes in policy represent a profound departure from traditional American values, and yet the legislation by which they were enacted was treated as a technical correction of minor problems. No-fault divorce, for example, was a response to the increasing number of fraudulent divorce petitions. Since couples were often forced to manufacture the evidence of guilt that many states required, and since judges frequently looked the other way, legal reformers sought no more than to bring divorce statutes into line with current practice.

On the basis of such observations, Jacob formulates a new theory of routine—as opposed to conflictual—policy-making processes. Many potentially controversial policies—divorce law reforms among them—pass unnoticed in America because legislators treat them as matters of routine. Jacob's is indeed the most plausible account of the enormous number and steady flow of policy decisions made by state legislatures. It also explains why no attention was paid to the effect divorce reform would have on divorced women and their children, a subject that has become increasingly controversial and that, consequently, is not likely to be handled by the routine policy-making process in the future.

TABLE OF CONTENTS
Acknowledgments
1. Introduction: The Silent Revolution
2. Social Conditions and Family Change
3. Breaking the Logjam of Divorce Law Revision: New York
4. California's Bold Step
5. Nationalizing No-Fault Divorce: The NCCUSL
6. The Vagaries of Diffusion
7. The Transformation of Property at Divorce
8. What Should Happen to the Children?
9. The Consequences of Divorce Law Change
10. Routine Policy Making and Divorce
Appendix
Notes
Index

Posted by: Jeff Yates | May 26, 2006 10:56:42 AM

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