He's right that divorce is a problem and that the divorce laws are a problem, but he is way off when he says they are the central problem. The divorce laws are terribly perverse, but that is only a symptom of a greater problem that really is cultural. Or maybe I should say spiritual. The central problem with marriage today is feminism, rebellion against God's prescribed order. The absurdities of no fault divorce, mandatory and draconian spousal maintenance and child support payments, default child custody laws, homosexual marriage, et cetera, are the logical end of rejecting the common sense of created order. In that context, divorce is actually an oft-abused remedy that God has built into his Law.
Here's my ideal solution (as of today--I might change my mind later):
- Take marriage out of the hands of government. Do away with marriage licenses. The civil government has no legitimate role to play in deciding who may marry whom. Neither does the church.
- Replace marriage licenses and platitudinal "vows" that no one takes seriously with real marriage contracts that must be signed by the bride, groom, and at least one senior relative of each. Two would be better. If there are no relatives available, then a spiritual mentor, such as pastor, rabbi, or priest, would do.
- Reduce the government's role in marriage and divorce to contract enforcement.
- Immediately eliminate government financed welfare for able-bodied adults and corporations. Gradually eliminate most other government financed welfare programs as well and eliminate the income tax to compensate. Charity is admirable and spiritually mandatory, but there's no charity at the end of a gun.
- Institute a biblically based land and property reform. Every family gets its own land, which will be returned every fiftieth year without obligation. No land can ever be permanently sold, but can only be leased for a maximum term of fifty years. The only way that land can be permanently divided or transferred is through inheritance. Eliminate inheritance taxes. (I did say ideal and not necessarily practical, didn't I?)
- Replace the judicial concepts of punishment and reform with restitution and removal. Scrap 95% of all laws and send all the lawyers to an internment camp on the shores of the Beaufort Sea. The ones we don't just give to old Billy, anyways. All future judges in local courts must be unpaid and must be respected and successful men of the general public.
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