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California NOW

 

From FoxNews Website.

Jim Johnston
~~~
http://foxnews.com/story/0,2933,66931,00.html

[NOTE: there are several links in this article.]

FOX News
Tuesday, October 29, 2002

Flawed Court Report Reveals Feminist Desperation
by Wendy McElroy

What do you call a report that invalidates itself in
the introduction and threatens critics with criminal
prosecution in the conclusion? Answer: The revised
2002 Family Court Report issued by the California
National Organization of Women.

The original report, published on July 26, claimed
that the California family court system was
"pathologizing, punishing and discriminating against
women." Child custody practices were particularly
excoriated.

To reach this conclusion, the report had to ignore
data demonstrating that "in the 1970's and 80's ...
women had sole custody of the children approximately
85 percent of the time ... More recent data sets
indicate that father custody figures may be closer to
15 percent." Instead, the report relied on a
miniscule, biased sampling, hyperbolic language and
such shoddy methodology that no quantitative or
qualitative breakdown of statistics was rendered in
the 132-page document.

On July 2, my Foxnews.com column offered seven reasons
why the report was "fluff without substance." The
column created a furor, including talk of "lawyers"
and "damages" from the National Alliance for Family
Court Justice -- which claims to have provided CA NOW
with documented evidence for the report.

The revised 65-page report issued on Sept. 26 in time
to influence the California election, states in the
introduction: "This is action research with a social
justice agenda. It does not profess to be unbiased or
neutral." Thus, the report eliminates any confusion
about its representing an objective evaluation of data.

Nevertheless, CA NOW immediately uses the language
of data to drape its "social justice agenda" in the garb
of objective investigation. For example, the report
states that its conclusions are "confirmed by
supplemental case studies" and "statistical analysis."

The core of the revised report remains unchanged: It
offers the same 300 cases as before. Two-thirds of
the cases are what statisticians call a Self-selected
Listener Opinion Poll (SLOP). This fact alone
invalidates the report's "findings" for two reasons.

1. The sampling is biased. Of the 300 cases, 221 come
from women who sought out the CA NOW online
questionnaire and were committed enough to wade
through its 20 pages and 331 questions. Moreover, the
questionnaire is as biased as the report itself.

2. The sampling is statistically meaningless. The
Judicial Council of California indicates that there
were 150,000 divorce/custody filings and over 100,000
dispositions per annum in recent years -- sometimes
considerably more. Three hundred women over a
three-year period represent no more and probably less
than .0006 percent of cases.

Yet, based on this "research," CA NOW calls for
sweeping changes to the family court system which will
affect the relationship hundreds of thousands of
people have with their own children. For example, the
report rejects joint custody, arguing for almost
automatic sole custody being granted to the "primary
caregiver" (clearly, the woman). Visitation rights are
to be "detached" from child support calculations to
"reduce the incidents of fathers seeking ... joint
custody." And, lest the child object, CA NOW declares
"provisions for counsel to represent the child should
be deleted from the Family Code." Counsel for the
child is deemed "unnecessary."

The report indicates how to deal with criticism of
this agenda. "Identify the parties responsible for the
perpetuation of problems related to false syndromes,
'fluid' joint custody laws, evaluations and counsel
for children. Establish the connection between those
parties and fraudulent nonprofit continuing education
and support organizations [fathers' rights groups]"
and sue under RICO statutes for "conspiracy to violate
the rights of women. ... Along with damages suit, sue
for declaratory relief, making ... mandatory joint
custody, mandatory psychological evaluations and
mandatory mediation unconstitutional."

RICO, the Racketeer Influenced and Corrupt
Organizations Act, was meant to fight against
organized crime by allowing those harmed financially
by a pattern of crime to bring action in state or
federal court for damages amounting to three times
their actual harm, plus costs. But CA NOW wants to
use the RICO Act to criminalize dissent on custody
matters.

Further, the report advocates financially probing
nonprofits based on nothing more than their political
disagreement with CA NOW's policies.

This is a dangerous posture for CA NOW. Questions
could too easily be asked about its own financing. For
example, in her new book, Guide to Feminist
Organizations author Kimberly Schuld asks: "Has NOW or
a NOW state chapter received government grants? None
are reported on its tax forms and its website says NOW
receives no federal money for operations."

Yet, according to Tammy Bruce, a former president of
NOW's Los Angeles chapter, NOW has received money from
the federal government. In her book, The New Thought
Police: Inside the Left's Assault on Free Speech,
Bruce points to $543,636 dollars awarded to CA NOW by
the Centers for Disease Control's Office on Smoking
and Health, under President Clinton's administration.

"For an organization that had absolutely no history of
leadership in the health arena, the grant was, to say
the least, out of the ordinary," Bruce writes. "On the
other hand, if the California organization -- NOW's
largest and most successful satellite -- had to file
for bankruptcy, it would have sounded a death knell
for National NOW, exposing the depth of its troubles,
financial and organizational."

CA NOW's revised 2002 Family Court Report aims
at revoking children's rights in family court and
father's rights in custody. It would criminalize
dissenting views and make unconstitutional those
custody policies diametrically opposed to its own.

NOW is becoming desperate.

--
Wendy McElroy is the editor of ifeminists.com and a
research fellow for The Independent Institute in
Oakland, Calif. She is the author and editor of many
books and articles, including the new book, Liberty
for Women: Freedom and Feminism in the 21st Century
(Ivan R. Dee/Independent Institute, 2002). She lives
with her husband in Canada.

Respond to the Writer / Editor
mac@ifeminists.com / views@foxnews.com

FOX News Network, LLC 2002. All rights reserved.
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