Legal Commentary

?Do ?Family Values? Weaken Families??

By Eugene Volokh

A very interesting column from Jonathan Rauch (National Journal); the subject is much more his field than mine, so I don?t have any independent basis for evaluating it, but I generally find his analyses to be quite reliable and worth reading. An excerpt:

Can it be? One of the oddest paradoxes of modern cultural politics may at last be resolved.

The paradox is this: Cultural conservatives revel in condemning the loose moral values and louche lifestyles of ?San Francisco liberals.? But if you want to find two-parent families with stable marriages and coddled kids, your best bet is to bypass Sarah Palin country and go to Nancy Pelosi territory: the liberal, bicoastal, predominantly Democratic places that cultural conservatives love to hate.

The country?s lowest divorce rate belongs to none other than Massachusetts, the original home of same-sex marriage. Palinites might wish that Massachusetts?s enviable marital stability were an anomaly, but it is not. The pattern is robust. States that voted for the Democratic presidential candidate in both 2004 and 2008 boast lower average rates of divorce and teenage childbirth than do states that voted for the Republican in both elections. (That is using family data for 2006 and 2007, the latest available.)

Six of the seven states with the lowest divorce rates in 2007, and all seven with the lowest teen birthrates in 2006, voted blue in both elections. Six of the seven states with the highest divorce rates in 2007, and five of the seven with the highest teen birthrates, voted red. It?s as if family strictures undermine family structures.

Naomi Cahn and June Carbone ? family law professors at George Washington University and the University of Missouri (Kansas City), respectively ? suggest that the apparent paradox is no paradox at all. Rather, it is the natural consequence of a cultural divide that has opened wide over the past few decades and shows no sign of closing. To define the divide in a sentence: In red America, families form adults; in blue America, adults form families.

Read the rest here.

Full post as published by The Volokh Conspiracy on May 03, 2010 (boomark / email).