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George Pell Reveals Serious Violations in Australian Law
One of the most common misconceptions is that justice means getting what you want. It is a misconception that is not only wrong, but one that also carries the very real risk of perverting the course of justice. As the legal farce against Cardinal George Pell has proven: when such a belief is commonly held, it can lead to the imprisonment of innocent people and the disgrace of the entire legal system.
The Pell legal fiasco involved two trials and two appeals which culminated in George Pell’s conviction for historic child sex abuse being overturned by the High Court of Australia. The two trials began in August 2018 in the Victorian County Court. Pell pleaded not guilty to all charges. The first trial ended in a mistrial after the jury proved unable to deliver a verdict. The second trial ended in a guilty predict.
After his sentencing, Pell’s defence team appealed to Victoria’s Appeals Court. They argued that Pell’s conviction “could not be supported by the whole of the evidence” and that, therefore, no reasonable jury could have found him guilty. It was an unusual approach. Most appeals will attempt to overturn a jury verdict by arguing that the trial judge failed to properly instruct the jury. Pell’s defence team, on the other hand, were claiming that the jury itself made the error. In order to show that the jury verdict was “not open”, Pell’s defence team had to show that the evidence presented at trial “precluded a guilty verdict.” As the Court of Appeals stated:
“Where the unreasonableness ground is relied upon, the task for the appeal court is to decide whether, on the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the accused was guilty.
The inquiry which this ground requires is a purely factual one, rather than a discrete question of law where the agreement is that the trial judge has made an error. When the reasonableness ground is relied upon, the appeal court reviews the evidence as it was presented to the jury. The appeal court asks itself whether – on that factual material – it was unreasonably open to the jury to convict the accused.”
According to the Court of Appeal’s review, the prosecution’s case rested on the argument that the accuser was a credible witness upon whom the jury could justify a guilty verdict. This view was shared by both Chief Justice Anne Ferguson and Justice Chris Maxwell:
“Throughout his evidence, [the complainant] came across as someone who was telling the truth. He did not seek to embellish his evidence or tailor it in a manner favourable to the prosecution. As might have been expected, there were somethings which he could remember and many things which he could not. And his explanations of why that was so had the ring of truth.”
Conversely, both Ferguson and Maxwell judged that there was justifiable reason to doubt the testimonies of the “opportunity witnesses” whose testimonies contradicted the prosecution’s case. Ferguson and Maxwell both found that “the evidence of the opportunity witnesses varied greatly in quality and consistency, and in the degree of recall, both as witnesses and within the evidence of individual witnesses.” They argued that the repetition of events combined with the lengthy passage of time had conspired to put the validity of their testimonies under question. Incredibly, both Ferguson and Maxwell were willing to accept the accuser’s testimony as a true and accurate version of events even though their reasons for discounting the testimonies of the opportunity witnesses could be applied just as easily to him as it could to the others.
The Victorian Court of Appeals upheld Pell’s conviction with a two-to-one majority. The lone dissenter, Justice Mark Weinberg delivered a two-hundred-and-four-page dissent statingthat “in light of the unchallenged evidence of the opportunity witnesses, the odds against [A’s] account of how the abuse occurred, would have to be substantial.” Weinberg did not believe that the prosecution had successfully discounted the testimonies of the “opportunity witnesses” and concluded that a reasonable jury would not have been able to reach a verdict of guilty beyond a reasonable doubt.
Unperturbed, Pell’s defence team applied to appeal to the High Court. It was granted because the highest court in the land believed there was sufficient argument to suggest that Pell had been convicted on insufficient evidence. Pell’s defence team based their appeal on the argument that Pell’s conviction could not be supported by the evidence and that the Court of Appeals had misapplied the legal test by requiring him to prove that the offending was impossible.
According to the High Court Summary, ‘A’ (the accuser is identified as ‘A’ in the High Court summary) testified that ‘B’ and himself had slipped out of the procession as it was approaching the metal gate to the toilet corridor. (A full description of both the layout of the Cathedral and the procession are contained within the High Court summary). From there they re-entered the Cathedral through the door to the south transept, made their way into the sacristy corridor, slipped into the Priest’s sacristy, and partook in a bottle of red communion wine. ‘A’ alleged that Pell caught them, exposed his penis, orally raped ‘A’, and forced his to remove him trousers so he could fondle his genitals. At this stage both ‘A’ and ‘B’ were crying and Pell is alleged to have told them to be quiet. ‘A’ further claimed that Pell re-assaulted him a month later by pushing him up against a wall and fondling his genitals.
The Court of Appeals had found ‘A’ to be a credible witness, partly because he had knowledge of the interior layout of both the interior of Saint Patrick’s Cathedral and the Priest’s sacristy. (Clearly it didn’t occur to them that he could have attained such knowledge without being abused). There are, however, two problems with ‘A’s testimony. The first concerns the lack of opportunity Pell would have had to commit the crime without being caught. If ‘A’, the prosecution, Ferguson, and Maxwell are to be believed, Pell was a brazen enough offender to molest two choir boys directly after Sunday Mass when the chances of getting caught would have been extremely high.
The second concerns the time of the offending. The prosecution placed the date range for the alleged offending between December 15th and 22nd 1996 for the first offence and February 23rd for the second offence. Saint Patrick’s Cathedral was closed for renovations between Easter and November 1996. After it was reopened, Pell officiated two Sunday masses there – December 15th and 22nd December and presided over, though he did not celebrate, Sunday solemn mass on February 23rd, 1997. During this time, renovations to the Archbishop’s sacristy forced him to use the Priest’s sacristy, further enhancing the likelihood of getting caught.
It should come as little surprise that High Court found major inconsistencies between the way the Court of Appeals regarded the accuser’s testimony and the way they regarded the testimony of the “opportunity witnesses”:
“The Court of Appeal majority’s treatment of what their Honours rightly identified as the critical issue in the case was wrong for two reasons. First, Portelli’s evidence was unchallenged. Secondly, their Honours were required to reason in a manner that is consistent with the way in which a jury would be directed in accordance with the Jury Direction Act 2015 (Vic). Their Honours were required to take into account the forensic disadvantage experienced by the applicant arising from the delay of some 20 years in being confronted with these allegations. Their Honours, however, reasoned to satisfaction of the applicant’s guilt by discounting a body of evidence that raised lively doubts as to the commission of the offences because they considered the likelihood that the memories of honest witnesses might have been affected by delay.”
The testimony of Monsignor Charles Portelli, the former Master of Ceremonies, was of particular interest to the High Court. As Master of Ceremonies, Portelli’s duties included meeting Pell when he arrived at the Cathedral, assisting him with his vestments, and so on. Portelli testified that the two occasions Pell celebrated Mass in December 1996 were memorable because of the large number of people who wanted to meet Pell. He recalled standing beside Pell during the procession and seeing Pell hand his mitre and crosier to two altar boys whilst he stood at the west door greeting congregants. During the cross examination, Portelli stated that whilst it was possible that Pell only remained at the west door greeting people for a couple of minutes, he did not remember it. Furthermore, Portelli testified that even if he had, Pell would have been accompanied by Max Potter or another Priest.
Sacristan Max Potter concurred with much of Portelli’s testimony. Potter claimed that Pell spent twenty minutes to half-an-hour greeting congregants. When asked he stated that whilst it was possible for Pell to have left earlier than normal, it would have been unlikely at first because “it took him [Pell] a while to readjust, and [he] stayed in there welcoming people for a couple of months in the Cathedral.” Potter also backed up Portelli’s assertion that Pell would not have returned to the Priest’s sacristy to remove his vestments alone. Furthermore, Potter stated that he unlocked the Priest’s sacristy as the procession was making its way down the centre aisle and that he gave congregants five to six minutes to pray in the sanctuary before he and the altar servers removed the sacred vessels, a task that generally took around a quarter-of-an-hour.
Potter was suffering memory issues during Pell’s trial. In particularly, his testimony makes it unclear as to when exactly he unlocked the Priest’s sacristy. Other witnesses, however, also testified in Pell’s favour. Both Doctor Cox, the assistant organist, and Peter Finnigan, the choir marshal, recalled the Priest’s sacristy being a “hive of activity” following the Mass. Likewise, Jeffrey Connor and McGlone, both of whom were altar servers at the time, stated that they could recall no occasion in which the Priest’s sacristy had been left either unlocked or unattended. They testified that Potter had been waiting to unlock the Priest’s sacristy so they could bow to the crucifix and complete their duties.
Connor wrote of Pell’s “invariable” practice of greeting congregants on the steps of the Cathedral in his personal diary. Connor testified that he had never seen Pell alone whilst wearing his vestments, and that if he had the event would certainly have been memorable. McGlone concurred with Connor’s version of events testifying that he understood the Archbishop’s vestments were sacred and that certain prayers had to be said as they were being donned or removed. McGlone recalled he and his mother having a brief interaction with Pell.
The High Court unanimously concluded that no reasonable jury, working to the standard that guilt must be proven beyond a reasonable doubt, could find George Pell guilty. They found that the possibility of reasonable doubt arising from the unchallenged evidence of multiple witnesses should have prompted the jury to entertain the possibility of reasonable doubt. As a result, they overturned Pell’s conviction.
It is not difficult to see Pell as a casualty of the broader culture war – the ideological conflict over the fate of western culture – that has enveloped modern society. Pell’s outspoken traditionalism and fervent Catholicism combined with his contentious views on gay marriage, the morning-after pill, and the ordination of women has made him persona non grata for many social groups. Combine this with the Catholic Church’s admittedly abysmal response to child sex abuse allegations, and it isn’t hard to see why Pell was targeted. It is as though they thought they could punish the Church by convicting Pell.
It should go without saying that the sexual abuse of a child, whether it is committed by a stranger, a scoutmaster, or a Catholic Cardinal is abhorrent. It is more than reasonable to hold child abusers accountable for their crimes. However, it is more important to uphold those principles upon which our legal system is based. It is these principles that have allowed us to live in freedom and (relative) prosperity for as long as we have.
Although most people recognise the necessity of legal protections against miscarriages of justice, many do not believe that these protections should extend to people accused of sex crimes. There is an alarming trend where politicians attempt to use the spectre of child abuse to curry favour with the public. In many cases, these attempts involve violating time honoured legal principles. The Royal Commission into Institutional Responses to Child Sexual Abuse, for example, has made several recommendations that state governments have only been too eager to lap up. Among the Royal Commission’s recommendations have been the abolition of statutory limitations on child sex abuse allegations and reformations to evidence law so juries can learn more about a defendant’s past.
In 2020, Victoria’s Attorney General, Martin Pakula introduced the Limitations of Actions Amendment (Child Abuse) Act 2015 which exempted cases where injuries had been acquired from the psychological, physical, or sexual abuse of a minor from the usual statutory limitations. Similarly, the Conversation reported in February 2020 that the New South Wales government had introduced a new would that would “make it easier for a jury to be informed about the prior convictions of a person on trial for a sex offence.” Similar laws are expected to be introduced in Victoria, Tasmania, the Northern Territory, and the Australian Capital Territory.
These blatant violations of western legal jurisprudence have emerged from a pernicious belief that all who claim to have been sexually abused must be telling the truth. Pell’s lone accuser perfectly summarised this view in his statement following the High Court’s decision:
“I respect the decision of the High Court. I respect the outcome. I understand their view that there was not enough evidence to satisfy the court beyond all reasonable doubt that the offending occurred.
No one wants to live in a society where people can be imprisoned without due process and proper processes. This is a basic civil liberty. But the price we pay for weighting the system in favour of the accused is that many sexual offences against children go unpunished.”
Merely being accused of a crime does not make someone guilty. Our legal system requires that guilt be proven beyond a reasonable doubt Weighting the system in the favour of the ‘victim’, as Pell’s accuser is suggesting, is no different than weighting the system in favour of the state. Under such circumstances a defendant would have no chance of defending himself against any charge brought against him.
Shortly after he was convicted, Anne Manne wrote in The Monthly that Pell’s conviction “enacted the dignity and power of the rule of law.” In reality, precisely the opposite happened. The rule of law is defined by the Australian Constitution Centre as “the idea that every person is subject to the laws of the land regardless of their status. It is the idea that you cannot be punished or have your rights affected other than in accordance with a law, and only after a breach of the law has been established in a court of law.” George Pell was treated with a special kind of vindictiveness because he was a Catholic Cardinal. He was not treated like everybody else.
The Rule of Law is supposed to be the opposite of the rule of power. It recognises that whilst it may be necessary to have leaders, no one individual ought to be master over his fellows. As Clive Staples Lewis once noted: “Aristotle said that some men were only fit to be slaves. I do not contradict him. But I reject slavery because I see no men fit to be masters.” The Rule of Law is supposed to reflect the fact that Australia is a nation governed by law, not by rulers. The Australian legal system has tainted this principle by treating George Pell differently just because he is a Cardinal.
The George Pell legal fiasco has revealed deep corruption inside the Victorian legal establishment. When one considers the Supreme Court of Victoria and the Court of Appeals proclivity to ignore evidence that did not support the prosecution, the weakness of the prosecution’s case, and the relentless media witch hunt, it is hard not to think of the Pell trial as anything less than a calculated attempt to silence an outspoken conservative Cardinal. When cases like Pell’s come along, we should remind ourselves of that old Latin maxim: “let just be done though the heavens fall.”
Anti-Catholic Bigotry Masquerades as Common Decency
Last month, the Catholic Archbishop of Queensland, Mark Coleridge voiced his opposition to calls for Priests to become mandatory reporters, a move that would destroy the seal of the confessional. Coleridge warned that forcing Priests to break the seal of the confessional would have the effect of turning them into “agents of the state” rather than “servants of God.”
That, of course, is precisely the point. It is beyond doubt that many of the accusations of child abuse leveled against the Church have been well-founded. It is also beyond doubt that the Catholic Church has not always responded to such accusations with the seriousness they ought to have. However, it would be equally true to claim that the spectre of child abuse has been used as an excuse to conjure up anti-Catholicism.
Of the 409 individual recommendations generated by the Royal Commission on Child Abuse, several are targeted directly at religious institutions (and the Catholic Church specifically). First, it has been recommended that Priests be mandated to report confessions of child abuse. Second, that children’s confessions should occur in a public place where Priest and child can be observed by an adult. Third, that “the Australian Catholic Church should request permission from the Vatican to introduce voluntary celibacy for diocesan clergy.” Fourth, that candidates for religious ministry undergo independent psychological evaluation. And fifth, that “any person in religious ministry who is the subject of a complaint of child sex abuse which is sustained, or who is convicted of an offence relating the child sex abuse, should be permanently removed from ministry.”
Such proposals are not only impractical, but dangerous. They would have the effect of not only destroying the seal of the confessional, but of destroying the separation of Church and State. It would give the authorities the power to place the Church under observation and to stack it with clergymen who support their political and social agenda.
Nobody says anything about this blatant disregard for our most common civil liberties and democratic values. The fact of the matter is that the Catholic Church has always been an easy target. It is neither progressive nor nationalistic making it a target of condemnation for both the far left and the far right. The far left hates the Catholic Church because it stands in favour of traditionalism. The far-right hates members of the Catholic Church because they see it as something akin to fealty to a foreign power.
And like all bigots, anti-Catholics have chosen to target and destroy a high-profile target. Cardinal George Pell has become a scapegoat for child sex abuse committed within the Catholic Church. The mainstream media has been quick to paint Pell as a power-mad, sexually depraved Cardinal rather than the reformer that he actually was.
As Archbishop of Melbourne, Pell was instrumental in instigating investigations into allegations of child abuse and providing compensation for victims. That, however, made not the slightest difference, nor did the improbability of the accusations. (As Pell’s own defence team pointed out: not only did the security and layout of Melbourne’s Catholic Cathedral render such abuse impossible, Pell had no opportunity to commit such crimes). When he was accused of abusing two boys in the 1990s, Pell’s guilt was assumed for no other reason than that he was a Catholic Archbishop.
Archbishop Mark Coleridge is right to criticise anti-religious measures embedded in the Royal Commission’s report. The reality is that Australia’s modern, secular institutions are focused primarily on destroying the influence of the Catholic Church in Australia. The idea that they care about the safety and well-being of children is patently absurd.
Whatever Happened to Personal Responsibility
There is an old adage which states that you do not know how big a tree is until you try and cut it down. Today, as cultural forces slowly destroy it, we are beginning to understand that the same thing can be said about personal responsibility.
Society no longer believes that people ought to bear their suffering with dignity and grace. Rather, it now believes that the problems of the individual ought to be made the problems of the community. Individual problems are no longer the consequence of individual decisions, but come as the result of race, gender, class, and so forth.
The result of this move towards collective responsibility has been the invention of victim culture. According to this culture, non-whites are the victims of racism and white privilege, women are the victims of the patriarchy, homosexuals are the victims of a heteronormative society.
The 20th century is a perfect example of what happens when responsibility is taken from the hands of the individual and placed in the hands of the mob. The twin evils of communism and Nazism – which blamed the problems of the individual on economic and racial factors, respectively – led to the deaths of tens of millions of people.
Furthermore, such ideologies led otherwise decent individuals to commit acts of unspeakable violence. Whilst observing the trial of Adolf Eichmann, a former SS soldier who had been one of the architects of the Holocaust, the writer, Hannah Arendt was struck by the “banality of evil” that had characterised German war atrocities. Arendt noted that the men who conspired to commit genocide were not raving lunatics foaming at the mouth, but rather dull individuals inspired to commit evil due to a sense of duty to a toxic and corrupt ideology.
The Bolsheviks taught the Russian people that their misfortune had been caused by the wealthy. And that the wealth was gained through theft and exploitation. Likewise, the Nazis convinced the German people that their problems could be blamed on the Jews. It is not difficult to see how this philosophy led, step by step, to the gulags and the concentration camps.
The same thing is happening today. The only difference is that those who play it have become more sophisticated. Today people are encouraged to identify with identity groups ranked by so-called social privilege. Then they are taught to despise those with more social privilege than them.
Under this philosophy, crime is not caused by the actions of the individual, but by social forces like poverty, racism, and upbringing. Advocates claim that women should not be forced to take responsibility for their sexual behaviour by allowing them to essentially murder their unborn children. Sexually transmitted diseases like HIV is caused by homophobia rather than immoral and socially irresponsible behaviour. And alcoholism and drug addiction are treated as a disease rather than a behaviour the addict is supposed to take responsibility for. The list is endless.
Personal responsibility helps us take control of our lives. It means that the individual can take a certain amount of control over his own life even when the obstacles he is facing seem insurmountable.
No one, least of all me, is going to argue that individuals don’t face hardships that are not their fault. What I am going to argue, however, is that other people will respect you more if you take responsibility for your problems, especially if those problems are not your fault. Charity for aids sufferers, the impoverished, or reformed criminals is all perfectly acceptable. But we only make their plight worse by taking their personal responsibility from them.
Responsibility justifies a person’s life and helps them find meaning in their suffering. Central to the Christian faith is the idea that individuals are duty bound to bear their suffering with dignity and grace and to struggle towards being a good person. To force a man to take responsibility for himself is to treat him as one of God’s creations.
You cannot be free if other people have to take responsibility for your decisions. When you take responsibility from the hands of the individual you tarnish his soul and steal his freedom.
Freedom from responsibility is slavery, not freedom. Freedom is the ability to make decisions according to the dictates of own’s own conscience and live with the consequences of that decision. Freedom means having the choice to engage in the kind immoral behaviour that leads to an unwanted pregnancy or AIDS. What it does not do is absolve you from responsibility for those actions. Slavery disguised as kindness and compassion is still slavery.
OUR OBSESSION OVER FOOD IS RIDICULOUS
Sometimes a civilisation can become so sophisticated that it believes it can overcome truth. We have become one of those civilisations. As a consequence of our arrogance, we have come to believe that we can circumvent some of the most fundamental truths about reality. We blame inequality on the social structure even though most social animals live in hierarchies. We believe that primitive people are noble even though mankind in its primitive state is more violent than at any other stage. And we believe that we can change the way human beings eat despite the fact that it is making us unhappy.
It is our modern obsession over diet and exercise that I would like to focus on. This obsession has arisen from a society that is too safe, too free, and too prosperous for its own good. This is not to say that safety, freedom, and prosperity are bad things. Indeed, we should get down on our knees and thank God every day that we live in a country that has these things. However, it is also true that too much safety, freedom, and prosperity breeds passivity and complacency. The hardships our ancestors faced – war, poverty, disease – are no longer problems for us. Therefore, we lack the meaning that these hardships bring to our life. As a result, we have come to invent problems. Among these has been a tendency to render the consumption of certain food as something unhealthy, unethical, or both.
Our modern obsession with food is causing significant personal problems. On the one hand, the ease in which food, especially that which is laden with sugar, is causing a rise in cases of obesity. (Note: I am using the word ‘obesity’ as a blanket term for people who are overweight). It is a uniquely modern problem. Our ancestors never battled weight gain because they were only able to find or afford enough food to keep them and their families from starving. Now the quantity, cheapness, and, in many cases, poor quality of food means that the fattest amongst are also often the poorest. But obesity is less a problem that arises out of food and more of a problem arising from laziness and gluttony. (Naturally, I am excluding health problems and genetic disorders from this conclusion).
On the other hand, however, our obsession over being skinny or muscle-bound is also causing problems. I have seen plenty of people who are clearly overweight. In rare cases, I have even seen people who are so morbidly obese that it can only be described as breathtaking. However, I have also seen women (and it primarily women, by the way) who can only be described as unnaturally thin. It is as though our society, having realised that being overweight is healthy, has decided that its opposite must be good. It isn’t. Just right is just right.
And it’s not just individuals who are subjecting themselves to this kind of self-imposed torture. And it’s not limited to people in the here and now, either. In 1998, The Independent reported that many doctors in the United Kingdom were concerned that well-meaning parents were unintentionally starving their children to death by feeding them low fat, low sugar diets. These children were said to be suffering from the effects of “muesli-belt nutrition.” They had become malnourished because either they or their parents had maintained had become obsessed with maintaining a low-fat, low-sugar, low-salt diet. The article reported: “Malnutrition, once associated with slums, is said to have become an increasing problem for middle-class families in the past fifteen years. The victim of so-called ‘muesli-belt nutrition’ are at risk of stunted growth, anaemia, learning difficulties, heart disease and diabetes.”
Our obsession over diet is really a sign of how well-off our society is. Our ancestors had neither the time nor the resources to adhere to the kind of crazy-strict diets that modern people, in their infinite stupidity, decide to subject themselves to. It is high time we stopped obsessing over food and got a grip.
PRIESTS SHOULDN’T BE FORCED TO VIOLATE THE SEAL OF THE CONFESSIONAL
Priests and Ministers of Religion in South Australia will be required to report child abuse confessed to them under new laws that come into effect in October.
The Children and Young People (Safety) Act 2017 has replaced the Children’s Protection Act 1993. The Attorney General’s Department has claimed that these changes will “better protect children from potential harm, and align with the recommendations of the recent Royal Commission into Institutional Responses to Child Sex Abuse.”
These new laws represent a disturbing phenomenon. Namely, the use of a highly emotive issue as a means for undermining the rights and freedoms of others. This law, and others around Australia (the ACT Parliament has passed similar laws with almost universal support), blatantly violates both religious liberty and the right to privacy.
Confession is one of the most important aspects of the Catholic Faith. Comprising one of the seven sacraments (the others being Baptism, Eucharist, Confirmation, the anointing of the sick, and Holy Orders), Catholics believe that an individual who confesses his sins is speaking directly with God. Whatever is confessed remains between that individual and God.
The privacy of the Confessional is known as “the Seal.” The Vatican has had strict rules on the privacy of the confessional since 1215 and Priests are bound by a sacred vow not to break the seal. A Priest who breaks the seal, even after the penitent has died, faces excommunication.
Some critics have accused the supporters of these new laws of undermining religious liberty and of targeting the Catholic Church. The Archbishop of Canberra and Goulburn, Christopher Prowse, criticised the law, say: “The Government threatens religion freedom by appointing itself an expert on religious practices and by attempting to change the sacrament of confession while delivering no improvement on the safety of children.”
Some priests have even claimed that they would rather go to prison than break the seal of the confessional.
At some point, people are going to have to realise that children are not the centre of the universe. They are going to have realise that their safety is not so important that it trumps the rights and freedoms of everybody else. The laws passed by the Parliament of South Australia are an absolute violation of religious liberty and the separation of church and state.
Countries like Australia have had a great tradition of separating politics from religion. Now it seems that this distinction only goes one way. It is seen as totally unacceptable for the Church to use its power and influence to affect politics, but for some reason it is seen as perfectly acceptable for the state to interfere in religion.
One cannot help but cynically suspect that politicians in South Australia are using children as a backdoor method for allowing the all-seeing eye of the state into relationships that were once deemed absolutely private. That which is confessed to a Priest ought to remain absolutely private. The contents of my conscience (or anyone else’s, for that matter) are none of the state’s business.
Those who support this blatant attack on the rights and liberties of others should ask themselves what their opinion would be if the law violated their private relationship with their doctor, lawyer, or psychiatrist.
WHEN ARE WE GOING TO TREAT DIVORCE AND FATHERLESSNESS AS THE ISSUE IT REALLY IS?
Since the sexual revolution, society’s attitudes towards sex and the family have been shifting more and more to the left. Today’s sexual philosophy has its roots in the prevailing social forces of the 1960s and 1970s. These forces have challenged the traditional institutions of monogamous marriage and the traditional family, seeking to replace them with their own utopian values.
The introduction of No Fault Divorce in America in 1970 signalled the most immediate sign of the cultural shift. Previously, people got married young and stayed married. Divorce was a social taboo. Shifting cultural philosophies and changing laws have altered this reality. Conservative commentator and Daily Wire editor, Ben Shapiro, blames the rise of divorce on a lack of religious fervour among young people, and the existence of a ‘divorce culture’ which celebrates serial monogamy and single parenthood.
A natural consequence of the decline of monogamous marriage and the traditional household has been the rise of the single parent family. In the past children were born within the confines of marriage. This is no longer the case, as statistical comparisons reveal: in 2015, 40.2% of live births were to unwed mothers, compared to only 5.30% in 1960. Similarly, in the United Kingdom in 2013, 46.5% of children were born to unwed mothers, compared to 11% in 1979. In 2014, a Pew Research poll found that fewer than half of American kids lived in a home with their mother and father, compared to sixty-one percent in 1980, and seventy-three percent in 1960. Across the pond in the United Kingdom, it is believed that a quarter of all families are single parent families.
Of course, single parent families are never going to be a concern for the left. The traditional family represents an obstacle to the vision of socialist utopia the left holds so dear because individuals care more about their own families than they do about the wider community. Furthermore, it is much more difficult for the state to control a woman who has the financial, social, and emotional support of a loving husband. As Ben Shapiro notes: “the left is never going to recognise that broken families are a problem because it is one of the goals of the left to break families. Historically speaking, if you read [Karl] Marx and [Friedrich] Engels [authors of the Communist Manifesto], they do not like the traditional family, they think that the traditional family is a bulwark against an overarching, brutal state.”
A further manifestation of the decline of monogamous marriage and the traditional family has been the increase in fatherless children. Fathers today have been relegated to the role of ‘accessory parent.’ We no longer recognise the spiritual and psychological influence fathers have on their children. As a consequence, fathers are considered people children spend time with on designated visitation days rather than a permanent and necessary influence in their lives. The consequences of this attitude have been disastrous.
Psychologically, children from single parent and fatherless families are more likely to suffer cognitive, social, and emotional problems and are more likely to be emotionally, physically, or sexually abused. Fatherless children often struggle with their emotions and suffer episodic bouts of self-loathing along with a diminished sense of self and a lack of emotional and physical security. Many fatherless children have reported feeling abandoned because their fathers were not in their lives. No wonder drug and alcohol use and rates of incarceration soar in children whose fathers are absent.
Fatherless children also suffer socially: not only in the wider community but in their personal relationships as well. Children are often left to fend for themselves because their sole parent and breadwinner is away from home. This has several consequences: it forces the child to take on adult roles prematurely. Older siblings are expected to take care of younger siblings, and younger siblings are expected to learn from their older siblings. Young boys often feel the need to assert themselves and take on the role of the “man of the house” causing power struggles between himself and his mother. Girls often feel more maternal earlier in life (especially when they’ve been tasked with looking after younger siblings). As adults, these children struggle to maintain long-term relationships and, in a cruel twist of fate, are more likely to end up divorced or as single parents themselves. Both men and women are more likely to engage in promiscuous behaviour. A natural consequence of this is an increased risk of pregnancy in teenage girls. Often they struggle to raise their own children because they do not have two parents upon which to base their parenting style. In the wider scheme of things, fatherless children are more likely to struggle at school and drop out.
Economically, they are significantly more likely to suffer economic disadvantage and, in extreme cases, outright poverty (including homelessness). As a result, many of these children live in poorer neighbourhoods, struggle to have their basic needs met, and are disadvantaged in school. As adults, fatherless children are four times more likely to experience long-term unemployment, remain welfare dependent, and have low incomes.
It should be clear that our current relationship system is not working. We must destroy the cancerous influences of feminism and Marxism in the social sphere. We must use cultural means – media, TV shows, movies, novels, magazines, etc. – to properly educate the masses about relationships and sex. On the legal and political front, divorce must be made harder to obtain. No Fault divorce, a cancerous law, must be replaced with a system of Fault Divorce which is fair to both men and women, and which dignifies and upholds the integrity of the institution of marriage.