"Traditional" or not, real families are under attack from
right and left
By John Crouch, Attorney at Law,
Crouch & Crouch, Arlington, Virginia; (703)
528-6700;
Copyright John Crouch 1994
Amicus Curiae, College of William and Mary
Other Crouch Articles
Attempts to define "family" more widely than the nuclear
family are greeted by conservatives with ridicule and alarm. But do conservatives
really want to be saying that only modern, fortunate, two-parent families
should be protected by -- and from -- the government?
After all, the same narrow view of families' rights which now lets courts
break up lesbians' families may next be used against parents who home-school
their kids, take them to church, or teach them to shoot.
Conservatives need to be responsible and distinguish between those who want
protection for the remaining family ties within unusual, broken, or extended
families, and the small, irrelevant minority who think all families are
obsolete and oppressive.
The latter view is merely a potential threat to families. It would
destroy the transmission of civilization's values if it were widely acted
upon by teachers, social workers and judges. But right now the numbers of
diehard socialists, ultra-rad-feminists, and commune-dwellers who would
willingly denounce families are shrinking fast as reality intrudes on them.
A more immediate danger is the reigning upper-middle-class belief that only
nuclear families are functional or worth saving. This is embodied in legal
doctrines that promote "intact family units" by encouraging stepparent
adoption even at the cost of cutting ties with natural parents, disfavoring
and often outlawing open adoption, and discouraging parents' visitation
as "disruptive".
I don't know what exactly is conservative about such views, except that
conservatives seem to favor them. Indeed, they embody the classic error
of utopian socialism -- they destroy imperfect, existing families in the
faith that they can be fully replaced by artificial, ideal families.
Right away, conservatives should know something is wrong when they hear
themselves using such a ridiculously pseudo-scientific social-engineering
term as "family unit" in place of "family." The term
is used precisely because it means something different from "family."
It is the mere nucleus of a family, shorn like Samson of the strength-giving
strands linking it to a continuing, extended family and to important members
who live under separate roofs. It is small and simple enough for the modern
state to comprehend and utilize.
A genuinely conservative view of families would accept that imperfect households
and frayed relationships exist, and, like other existing social ties and
complex institutions, are still valuable and should be conserved and respected
as long as they cause no actual physical harm.
The simple fact is that nowadays, as always, people end up in households
with unrelated people, and in families that cannot afford, or can't stand,
to form a single household. In addition, traditional extended families remain
common, especially among immigrants and rural or ex-rural people. Whether
these families deserve approval is irrelevant, compared to the basic question
of whether they will get to raise children without legal interference.
Throughout history, people have often found themselves in non-nuclear households
and have taken responsibility for each other's welfare. There have always
been single parents, and they have made do, with help from relatives and
neighbors. Though it is far from ideal, there is nothing unprecedented about,
for example, a child being raised by two women, and there is no reason a
lesbian's child would know more about his parents' love life than any other
child.
Likewise, there have always been people who have had to raise other people's
children. Until this century, it has not been thought necessary to make
them hostile to ties between the child and the natural parents. In the often-cited
example of Jesus' family, and for millions of exchanged and apprenticed
children, guardians who acted in the place of unavailable natural parents
had no need to bolster their authority by pretending to be natural parents.
Jesus' open adoption may have been disruptive, but not to his family.
The preference for cutting all non-nuclear ties is both pseudo-scientific
and over-sentimental. It assumes children will be confused by knowing their
natural parents and their guardians, as if children were born with the exclusively
nuclear family pre-programmed into them. It also assumes that parents who
are initially too young or irresponsible to raise their children are so
psychologically fragile that they are better off forgetting they ever had
them.
Extended families provide children with strengths, not confusion. They are
confusing only to bureaucrats and social workers. I know this because I
was brought up in such a family, in a neighborhood where that was common.
Like most big families, mine had its weak links: irresponsible people who
died young or lived unhappily. They were poor parents, but that did not
make the whole family grind to a halt. They still made many positive contributions
to their children's lives, and provided a much-needed, up-close example
of the consequences of irresponsibility. And there were always plenty of
people within the family to provide the children with homes, discipline,
and a good example.
If my extended family had ever ended up in court with a judge who believed
in "intact family units," it would have been chopped up into little
disconnected pieces. My aunt and uncle's grandchildren would be cut off
from them. My mother's parents would not have known their parents, grandparents
or aunts. The hard-working, responsible cousins, uncles and half-sisters
who raised my grandparents and helped raise other family members would have
been strangers to us.
All of us would have little idea of who we were or where we had come from.
Instead of fiercely independent Czecho-Choctaw-Dutch-American lapsed-Methodist
Recovering Texans, we would just be ill-tempered funny-looking people from
the middle of nowhere with nothing to live up to and no source of values
except for popular culture and the government. And that, I fear, is an accurate
description of too many modern Americans.
Many courts and legislatures -- and a good many conservatives -- treat non-nuclear
families and open adoptions as experimental, so exceptional that the law
should disregard them. What is forgotten is that adoption itself is an extraordinary
response to the problems of family breakup, and what is normal in court
may be exceptional in everyday life, and vice-versa. People who end up in
court, as they cannot get along, are not necessarily representative of those
who work things out without litigating. Open adoption is no flaky experiment;
it is far older than modern, hermetically-sealed adoption.
To accept families as they are is not to do them some kind of favor, to
endorse or even tolerate them. Rather, it is simply the minimum duty of
anyone who asserts judicial or legislative control over them.
- John Crouch
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