I ran into this item in a really roundabout way, that being a random link to a 1967 newspaper article. That isn't mentioned in either of the two sources noted here, that being Ms. Blanton's blog (which is quite good, I might add) or Reddit. I unfortunately can't find the link to the article.
Anyhow, let's start with an upload of the photograph on Ms. Blanton's blog:
Blanton with the top part of the "Miss March" centerfold. This is directly linked to her blog. I'm using the fair use and commentary exception to copyright, but I don't own the rights to post this and will immediately take it down if asked.
Miss March holding her own centerfold?
No, Miss Blanton, then a high school student, holding the centerfold of "Fran" "Gerard", who was actually one Francis Anna Camuglia, who is apparently a legendary centerfold.
The story is related on the Blanton blog, and it is really amusing. Her resemblance was immediately noted in March 1967 by the boys in her high school, which I don't doubt. She's almost a dead ringer for Gerard, save that, if anything, she was actually prettier in this photograph. Their nose structure and generally their facial features are amazingly similar. Blanton relates that she used this to play a joke on her mother, holding the centerfold like depicted and briefly fooling her mother into thinking that she'd posed for Playboy. Apparently Ms. Gerard was extremely top heavy, and when folded out it becomes apparent that Gerard and Blanton are not the same person.
So why am I posting this here? Cute story?
I suppose it is a cute story, and Blanton really had a sense of humor and still does. But we're posting this for other reasons.
Gerard is apparently a famous playboy centerfold, for the very reason noted. The 1960s was before silicone and she was very top heavy, in an era when Playboy centerfolds were all pretty top heavy. That she still has a following is remarkable, particularly since she died in 1985.
And that's the reason we're noting her.
She was born, as noted, Francis Camuglia, and as her find a grave entry shows, she was from a large, almost certainly Italian, and almost certainly Catholic, family. By the time she was photographed in 1966 or 1967, she'd already been married and maybe divorced, and was off to a rocky start in life. If she wasn't yet divorced, she soon would be. She'd marry one more time, and go on to a life in California, working for an astrologer.
In 1985 she killed herself at age 37.
Blanton, in contrast, when on to high education, a successful life, and retired to Mexico. She's travelled all over the world, as her blog demonstrates.
At the time of the photo, Blanton and Gerard really weren't very far apart in age. Camuglia was born in May 1948, in which case she was a mere 19 years old when she appeared in Playboy, and only barely 19 years old at that. Blanton was younger, but not by much, probably only one or two years at the very most.
Blanton went on to success. Gerard was reduced in the public mind to her naked visage, a cute girl with (apparently) large assets.
The 1960s, while there was still open, and sometime legal, opposition to it, was right at the height of public acceptance of Playboy. In the 1970s you'd still go into grocery stores and it was available the way other magazines are now, on your way to the checker. It retained an image of "dirty" and glamourous all at the same time.
What the public didn't know was the long lasting effects pornography would have on the American public and psyche and how damaging it would be. Nor did it know about the horrific abuse so many of these young women went through. Not only did it basically brand them, to a degree, for life, making them something like harem slaves in a way of prior eras, valued for their physical assets and little else, they were often subject to horrific physical abuse.
I don't know about Gerard and I'm not going to look it up either. Entering her name would no doubt provide piles of pornographic links. That she was somebody who killed herself I already knew. There's a really good documentary, Secrets of Playboy, that really dives into what happened to so many of these people. Playboy left a pool of drugs and blood on the floor that we're still trying to mop up.
Her headstone is marked "Our Bubbie - Beloved Daughter and Sister".
Student Alan Canfora waves a black flag before the Ohio National Guard shortly before they opened fire at Kent State, May 15, 1970.
and never as part of that did I ever imagine being used in the US to round up immigrants.
I have the strong feeling that if Trump attempts this, there's going to be a lot of men leaving the military, and a drop off of enlistment of epic proportions.
By this time, most observant conservative Catholics are either so fatigued from Papal issuances that they either disregard them, or cringe when they come out. They seem to come out with a high degree of regularity.
And, while we don't technically have a new one, a "study document" issued by the Dicastery for Promoting Christian Unity has put out something that has the Pope's approval to be issued, that being something that looks at the role of the Papacy itself:
Now, it's a very large document, so I'm not going to attempt to put it all out here, and I haven't read all of it either. So, we're going to turn to The Pillar to find out what it holds. The Pillar states:
What does it say?
Helpfully, the text has a section summarizing the four sections (beginning on p106).
1) Regarding responses to Ut unum sint, the document says that the question of papal primacy is being discussed in “a new and positive ecumenical spirit.”
“This new climate is indicative of the good relations established between Christian communions, and especially between their leaders,” it says.
2) Concerning disputed theological questions, the text welcomes what it calls “a renewed reading” of the classic “Petrine texts,” which set out the Apostle Peter’s role in the Church.
“On the basis of contemporary exegesis and patristic research, new insights and mutual enrichment have been achieved, challenging some traditional confessional interpretations,” it notes.
One particularly controversial issue, it says, is the Catholic conviction that the primacy of the Bishop of Rome was established de iure divino (by divine law), “while most other Christians understand it as being instituted merely de iure humano” (by human law).
But the document says that new interpretations are helping to overcome “this traditional dichotomy, by considering primacy as both de iure divino and de iure humano, that is, being part of God’s will for the Church and mediated through human history.”
Another enduring obstacle is the First Vatican Council. But the document says that here too there has been “promising progress,” thanks to ecumenical dialogues that seek “a ‘rereading’ or ‘re-reception’” of the Council’s decrees.
This approach, it says, “emphasizes the importance of interpreting the dogmatic statements of Vatican I not in isolation, but in the light of their historical context, of their intention and of their reception — especially through the teaching of Vatican II.”
Addressing this point in a June 13 Vatican News interview, Cardinal Koch said that since Vatican I’s “dogmatic definitions were profoundly conditioned by historical circumstances,” ecumenical partners were encouraging the Catholic Church to “seek new expressions and vocabulary faithful to the original intention, integrating them into an ecclesiology of communion and adapting them to the current cultural and ecumenical context.”
“There is therefore talk of a ‘re-reception,’ or even ‘reformulation,’ of the teachings of Vatican I,” the Swiss cardinal explained.
3) Summarizing the document’s third section, the text says that fresh approaches to disputed questions have “opened new perspectives for a ministry of unity in a reconciled Church.”
Crucially, the document suggests there is a common understanding that although the first millennium of Christian history is “decisive,” it “should not be idealized nor simply re-created since the developments of the second millennium cannot be ignored and also because a primacy at the universal level should respond to contemporary challenges.”
From the ecumenical dialogues, it’s possible to deduce “principles for the exercise of primacy in the 21st century,” the text says.
One is that there must be an interplay between primacy and synodality at every level of the Church. In other words, there is a need for “a synodal exercise of primacy.”
Synodality is notoriously difficult to define, but the document describes it at one point as “the renewed practice of the Synod of Bishops, including a broader consultation of the whole People of God.”
4) Among the practical suggestions for a renewed exercise of the ministry of unity, the document highlights the possibility of “a Catholic ‘re-reception’, ‘re-interpretation’, ‘official interpretation’, ‘updated commentary’ or even ‘rewording’ of the teachings of Vatican I.”
It also stresses appeals for “a clearer distinction between the different responsibilities of the Bishop of Rome, especially between his patriarchal ministry in the Church of the West and his primatial ministry of unity in the communion of Churches, both West and East.”
“There is also a need to distinguish the patriarchal and primatial roles of the Bishop of Rome from his political function as head of state,” the text says, adding: “A greater accent on the exercise of the ministry of the pope in his own particular Church, the Diocese of Rome, would highlight the episcopal ministry he shares with his brother bishops, and renew the image of the papacy.”
The new document appears months after Pope Francis restored the title “Patriarch of the West” among the list of papal titles in the Vatican’s annual yearbook, after it was dropped by his predecessor Benedict XVI.
Commenting on that development at the June 13 Vatican press conference, Cardinal Koch said that neither Francis nor Benedict XVI offered detailed explanations for the change.
“But I am convinced they did not want to do something against anyone, but both wanted to do something ecumenically respectful,” he commented.
Another suggestion is for the Catholic Church to further develop its practice of synodality, particularly through “further reflection on the authority of national and regional Catholic bishops’ conferences, their relationship with the Synod of Bishops and with the Roman Curia.”
Finally, the text mentions a request for regular meetings among Church leaders at a worldwide level, in a spirit of “conciliar fellowship.”
What does that mean?
Well, frankly, I don't grasp it.
Without having read it, I sort of vaguely grasp that the Pope, who recently revived using the title Patriarch of the West, is sort of modeling this view of the Papacy on the Churches of the East, sort of. In the East, each Church is autocephalous, with the Patriarch of Constantinople holding a "first among equals" position. I don't think the Pope intends to fully go in that direction, but vaguely suggest that the synodal model of the East should apply more in the West, and that as Patriarch of the West, perhaps the entire Apostolic Church could be reunited, and perhaps even sort of vaguely include the "mainline" Protestant Churches, by which we'd mean the Lutheran and Anglican Churches.
It sort of interestingly brings up the Zoghby Initiative of the 1970s, in which Melkite Greek Catholic Church bishop Elias Zoghby sought to allow for inter-communion between the Melkites and the Antiochian Orthodox Church after a short period of dialogue. His position was, basically, that this reunion could occur with a two point profession of faith, those being a statement of belief in the teaching gof the Eastern Orthodox churches and being in communion with the Bishop of Rome as the first among the bishops "according to the limits recognized by the Holy Fathers of the East during the first millennium, before the separation."
Thing was, there really were no limits. In the first thousand years before the separation it's pretty clear that the Pope was head of the Church. Indeed, from the earliest days that was recognized.
Bishop Zoghby's initiative went nowhere and he's since passed on, but this sort of interestingly recalls it. His effort received criticism from figures within Orthodoxy and the Roman Catholic Church, although a few Eastern Catholics admired it. Here, I'd predict that conservative Catholics are not going to be too impressed.
Additionally, a recent problem barely noticed in the West is that the recent focus of Pope Francis on blessings for people in irregular unions, which is widely interpreted to mean homosexuals, has not only upset conservative Catholics, but Eastern Churches in some cases have backed away from the Catholic Church. One Eastern Bishop who was getting quite close to Rome came out and stated that Fiducia Supplicans basically prevented any chance of reunion with his church.
This gets back to some things we've noted here before. One is that this Papacy seems very focused on Europe, although the fact that this also looks towards the East cuts against that statement a bit. Having said that, a good deal of the early focus of this Papacy was on European conditions, which have continued to be a problem as the German Church is outright ignoring Pope Francis to a large degree. Loosening the role of the Papacy may stand to make those conditions worse, and probably won't bring the mainstream of the Lutherans and Anglicans in. Which gets to the next point. The Reformation is dying.
Seemingly hardly noticed is that the real story in Christianity, to a large degree, is the rapid decline in the old Reformation Protestant churches. People like to note "well Catholic numbers are declining too", but frankly real statistical data shows that while there may be a decline, it's slight. Indeed, what appears to be occurring in the Western World is that conversions to Catholicism offset departures. That's not growth, but what that sort of shows is the decline in cultural affiliation with a certain religion and, at least in the US, the end of the byproduct of the Kennedy Era Americanization of the Church. Indeed, at the same time this is going on, the growth in Catholic conservatism and traditionalism in younger generations has grown too big to ignore.1 At the same time, Eastern Catholic Churches are gaining members from outside their ethnic communities, and the Easter Orthodox are gaining adherents from conservative Protestants who are leaving their liberalizing denominations.
This is a study document, so it's not a proclamation. Twenty years ago or maybe even ten, I would have thought this a really good idea. My instinct now is that its time has passed. While conservative Catholics hold their breaths about the upcoming next session of the Synod on Synodality, there's sort of a general sense of marking time here as well, and indeed, an uncomfortable one. The current Papacy has is very near its end, everyone knows this, but it puts out a lot of material that's of a highly substantive, and often controversial, nature. Much of this is going to have to be dealt with after this Papcy concludes. Both the volume and speed at which things are occurring may reflect this, as that knowledge operates against the clock, but it might also be a reason to slow down at the Vatican level, or even put a bit of a time-out on things.
Footnotes:
1. Indeed, I was at Confession recently on an average Saturday and noted that as I was there a young woman with her two children were waiting in front of me, with both children saying Rosaries and the mother wearing a chapel veil. Her mother came in and also was wearing one, and a stunning young woman of maybe 20 came in also wearing one. Every woman, and most of them were young, were attired in that fashion.
It's a minor example, but very notable. This is becoming common.
Questioner: "Why did you leave the Republican Party?"
George F Will: "The same reason I joined it. I am a conservative."
If I were to listen to people like Marjorie Taylor Greene, or some of the Freedom Caucus here in Wyoming, it would be go.
If I listen to lifelong residents here in the state, including some lifelong Republicans whom would currently be classified as RINO's by the newly populist Wyoming GOP, it would be stay. Alan Simpson, who is an "anybody but Trump", former U.S. Senator, and who the Park County GOP tried to boot out as a elected precinct committeeman, is staying.
The problem ultimately is what time do you begin to smell like the crowd on the bus?
Konrad Adenauer of the Christian Democratic Union, West Germany's first post-war chancellor. He worked towards compromise and ended denazification early, even though he'd speant the remaining months of World War Two in prison and barely survived. By CDU - This file was provided to Wikimedia Commons by the Konrad-Adenauer-Stiftung, a German political foundation, as part of a cooperation project., CC BY-SA 3.0 de, https://commons.wikimedia.org/w/index.php?curid=16173747
To put it another way, I'd give an historical example. It's often noted that quite a few Germans joined the Nazi Party as it was just a way to get by, or advance careers, etc., during the Third Reich period of German history. When I was a kid, there was a lot of sympathy, oddly enough, for that view amongst those who were of the World War Two generation, although at the same time, there was a widely held belief that militarism, combined with radical nationalism, were something that was basically in the German DNA. The US, as is well known, didn't even particularly worry about letting former Nazis into the country.
The Germans themselves pretty much turned a blind eye towards this, so many of them had been in the Nazi Party. Even post-war German politicians who had spent the war in exile did, as it was the programmatic thing to do.
Since that time, however, that view has really changed. It started to in 1968 when German students rioted and exposed former Nazis in the police. Germans haven't really come to terms with it, but having been a member of the Nazi Party is a mark of shame, and it's become to be something despised everywhere, even if a person did it for practical reasons and wasn't really involved in the party.
And it should be a mark of shame.
Americans have been sanctimonious about that for a long time, but starting in the 1970s lots of Americans became ashamed, in varying degrees, of our own ancestors in regard to various things. Ironically, the backlash to that, symbolized by Confederate battle flags, is part of what brings us to our current crisis.
Ed Herschler, former Marine Corps Raider, and Democratic lawyer, who was Wyoming's Governor from 1975 to 1987. Herschler probably wouldn't have a home in today's Democratic Party in Wyoming.
I registered as a Republican the first time I was old enough to vote. The first Presidential Election I was old enough to vote in was the 1984 Presidential election, in which I voted for Ronald Reagan. The first election I was old enough to vote in was the 1982 off year election. I honestly don't know who I voted for Senator. Malcolm Wallop won, but I very well have voted for the Democrat. Dick Cheney wont reelection that year against Ted Hommel, whom I don't recall at all. I probably voted for Cheney. I know that I voted for the reelection of Democratic Governor Ed Herschler, who was one of the state's great Governors.
A split ticket.
Split tickets were no doubt common in my family. My father would never reveal who he voted for in an election. The first Presidential election I recall was the 1972 Election in which Nixon ran against McGovern, and I asked who he voted for when he came home. He wouldn't say, and I don't know to this day.
I knew that my father registered Republican, but not everyone in my father's family did. My grandmother, for one, registtered Demcrat,somethign I became aware of when we were visiting her, which we frequently did, at her retirement apartment here in town. She was pretty clear that she was an unapologetic Democrat, which made sense given that she was 100% Irish by descent. Most Irish Americans, at that time, were Democrats, and all real ones were Catholic. Reagan, who claimed Irish ancestry, woudl have been regarded a a dual pretender for that reason by many of them.
My father's view, and it remains mine, that you voted for the person and what they stood for, not hte party.
But being in a party means something, and that has increasingly come to be the case.
I switched parties after that 1984 election. I was, and remain, a conservative, but the GOP was drifting further from a conservative center in that period, and as I've noted, the election of Ronald Reagan paved the path for Donald Trump, although I won't say that was obvious then. And also, Democrats were the party that cared about public lands, as they still do, and cared about rural and conservation issues that I cared about and still do. The GOP locally was becoming hostile to them. So I switched.
Campaign image for Mike Sullivan, Democratic Governor from 1987 to 1995.
I remained a Democrat probably from about 1984 until some time in the last fifteen years. Being a Democrat in Wyoming meant that you were increasingly marginalized, but finally what pushed me out was that it meant being in the Party of Death. The Democrats went from a party that, in 1973, allowed you to be middle of the road conservative and pro-life. We had a Governor, Mike Sullivan, who was just that. By the 2000s, however, that was becoming impossible. Locally most of the old Democrats became Republicans, some running solid local campaigns as Republicans even though they had only been that briefly. Even as late as the late 1990s, however, the Democrats ran some really serious candidates for Congress, with the races being surprisingly close in retrospect. Close, as they say, only counts with hand grenades and horseshoes, but some of those races were quite close. The GOP hold on those offices was not secure.
Dave Freudenthal, Democratic Governor from 2003 to 2011.
Before I re-registered as a Republican, I was an independent for a while. Being an independent meant that primaries became nearly irrelevant to me, and increasingly, as the Democratic Party died and became a far left wing club, starting in the 2000s., it also meant that basically the election was decided in the primaries. Like the other rehoming Democrats, however, we felt comfortable in a party that seemingly had given up its hostility to public lands. And frankly, since the 1970s, the GOP in Wyoming had really been sui generis. Conservative positions nationally, including ones I supported, routinely failed in the Republican legislature. Abortion is a good example. The party nationally was against it, I'm against it personally, but bills to restrict it failed and got nowhere in a Republican legislature.
The Clinton era really impacted the Democratic Party here locally. Wyomingites just didn't like him. That really started off the process of the death of the Democratic Party here. As center right Democrats abandoned the party in response, left wing Democrats were all that remained, and the party has become completely clueless on many things, making it all the more marginalized. But just as Clinton had that impact on the Democrats, Trump has on the GOP.
Throughout the 70s and 80s it was the case that Wyoming tended to export a lot of its population, which it still does, and then take in transients briefly during booms. In the last fifteen or so years, however, a lot of the transient population, together with others from disparate regions, have stayed. They've brought their politics with them, and now in the era of Trump, those views have really taken over the GOP, save for about three pockets of the old party that dominate in Natrona, Albany and Laramie Counties. A civil war has gone on in some counties, and is playing out right now in Park County. In the legislature, the old party still has control, but the new party, branded as the Freedom Caucus, which likes to call its rival the UniParty, is rising. The politics being advanced are, in tone, almost unrecognizable.
Like it or not, on social issues the old GOP's view was "I don't care what you do, just leave me alone". That attitude has really changed. Given a bruising in the early 1990s due to a Southeastern Wyoming effort to privatize wildlife, the party became pro public lands for awhile. That's change. The party was not libertarian. That's changed.
Money helped change it, which is a story that's really been missed.
Like the Democrats of the 90s, a lot of the old Republicans have started to abandon the party. If there was another viable party to go to, floods would leave. A viable third party might well prove to be the majority party in the state, or at least a close second to the GOP, if there was one.
The Johnson County invaders of 1892. The Republican Party, whose politicians had been involved in the raid on Natrona and Johnson Counties, took a beating in the following elections.
Or maybe this process will continue, in which case even if Trump wins this year, the GOP will die. By 2028, it won't be able to win anything and a new party will have to start to emerge.
We'll see.
None of which is comfortable for the State's real Republicans.
Be subordinate to one another out of reverence for Christ.
Wives should be subordinate to their husbands as to the Lord.
For the husband is head of his wife just as Christ is head of the church, he himself the savior of the body.
As the church is subordinate to Christ, so wives should be subordinate to their husbands in everything.
Husbands, love your wives, even as Christ loved the church and handed himself over for hert to sanctify her, cleansing her by the bath of water with the word, that he might present to himself the church in splendor, without spot or wrinkle or any such thing, that she might be holy and without blemish.
So husbands should love their wives as their own bodies. He who loves his wife loves himself.
For no one hates his own flesh but rather nourishes and cherishes it, even as Christ does the church, because we are members of his body.
“For this reason a man shall leave father and mother and be joined to his wife, and the two shall become one flesh.”
This is a great mystery, but I speak in reference to Christ and the church.
In any case, each one of you should love his wife as himself, and the wife should respect her husband.
St. Paul, Ephesians, Chapter 5.
As the old phrase goes, fools rush in where angles fear to tread, and my commenting here is, I am well aware, completely foolish.
I know next to nothing about domestic law, and even less than that. I've never experienced any aspect of it myself personally, I don't delve into it regularly at work, but on odd occasion I, like every lawyer, must.
I don't like it when I have to.
When a civil litigator takes a look at domestic law, he often tends to be shocked. I was that way when I looked into the topic of grandparent's rights some years ago. The opponent was also shocked when I started treating the case like heavy duty civil litigation. What the heck? Well, the case ended up changing that area of the law after years of the domestic practitioners just doing the "well, that's the way we do this".
Not anymore.
Recently I've been looking at divorce law for a tangential reason, and once again I'm shocked and appalled.
Wyoming uses "no fault" divorce, like most states.
Or maybe it doesn't. More on that below.
No fault was the biggest insult to the law ever created and a knife to the gut of society.
Illustration of No-Fault Divorce. The petitioner is taking a blade to the gut of a helpless defendant.
The legislative stupidity in this area, however, started some time before that. As such things often do, the story has a "the road to Hell is paved with good intentions" aspect to it.
Let's go way back.
At least during the state's territorial days, court's would occasionally order a cohabitating couple to marry. This led me to assume that cohabitation of unmarried couples was illegal, and perhaps it was, but I've not found any statutory basis for that. I haven't researched it in depth, either. Fornication was a crime in many states, however, and it might have therefore been one in Wyoming. Additionally, Wyoming imperfectly adopted the Common Law upon statehood, and for that reason court's may have felt they had the authority to address cohabitation, which normally would result in a marriage by fiat (Common Law Marriage). At least right around the time of statehood there was a statute that addressed this topic in the "statutory rape" context, but the fairly shocking provisions of it were that the ages addressed were 10 years of age for a girl, and 14 for a boy. I.e., a 14-year-old boy was expressly prohibited by law from having intercourse with a ten-year-old girl, and would be tried for rape if he did. Apparently the scriveners of the law in the Dakotas, which is where we obtained our first set of statutes, felt differently about very tender ages than we might. Having said that, the bill in the legislature last year which provided:
(a) At the time of marriage the parties shall be at least sixteen (16) years of age except as otherwise provided.
(b) All marriages involving a person under sixteen (16) years of age are prohibited and voidable, unless before contracting the marriage a judge of a court of record in Wyoming approves the marriage and authorizes the county clerk to issue a license therefor.
(c) When either party is a minor, no license shall be granted without the verbal consent, if present, and written consent, if absent, of the father, mother, guardian or person having the care and control of the minor. Written consent shall be proved by the testimony of at least one (1) competent witness.
Surprisingly, this bill was met with opposition. Before that, ages below age 16 were allowed with the Court's consent, and amazingly, there had apparently been a few instances of that occurring over the last decade.
The change, anyhow, was in my view, a good one. Most people would agree.
Up until 1941, Wyoming had a set of "heart balm" statutes providing for common decency, common sense, protection of the common good, and which were fundamentally grounded in the laws of society and nature. In that year, just months before the Japanese would cause the balance of human decency to be to exaggerated towards oblivion, the 1941 Wyoming legislature eliminated them, stating:
The remedies heretofore provided by law for the enforcement of actions based upon alleged alienation of affection, criminal conversation, seduction and breach of contract to marry, having been subjected to grave abuses, causing extreme annoyance, embarrassment, humiliation and pecuniary damage to many persons wholly innocent and free of any wrong-doing, who were merely the victims of circumstances, and such remedies having been exercised by unscrupulous persons for their unjust enrichment, and such remedies having furnished vehicles for the commission or attempted commission of crime and in many cases having resulted in the perpetration of frauds, it is hereby declared as the public policy of the State that the best interests of the people of the State will be served by the abolition of such remedies. Consequently, in the public interest, the necessity for the enactment of this article is hereby declared as a matter of legislative determination.
1941 Wyo. Sess. Laws ch. 36 § 1.
Horse shit.
The thing about the "heart balm" statutes is that they heavily weighted the importance of the male/female relationship in a legal and cautionary way. The causes of action were varied, but all of a similar nature. There was 1) breach of contract to marry (breach of promise), 2) alienation of affection, 3) criminal conservation, and 4) seduction. This mean that there were real consequences for failing to seriously undertake the relationship from the onset, and in failing to take care of it. Rarely noticed on this, the penalties fell more often on men, than women, but protected both.
What were these causes of action?
We'll take a closer look.
The proposal.
Breach of promise.
Breach of contract to marry, or as it was more often called, "breach of promise", was a unilateral broken engagement. The non-breaching party was entitled to receive damages that included the benefits were that were to be had from the marriage and specific injuries to the plaintiff, including humiliation and psychological injury.
In the view of us moderns, this seems Victorian and quaint, but it was anything but. Prior to birth control, relationships between men and women were, we might say, deadly serious. While the social standards, based on Christian concepts and morality, meant that sex before marriage was frowned upon, and while it was also the case that a high percentage of people, particularly women, did not engage in sex before marriage, things began to break down when couples engaged and people knew it. This does not mean to suggest that people behaved like they do now, as they certainly did not.
Engagement periods seem to have lasted a year or so, although there wasn't any set period. One period etiquette book provided:
There are exceptions to the rules which govern engagements, as well as other things; but as in other cases, the exception only proves the wisdom and justice of the rule. There have been happy marriages after a few days' or even hours' acquaintance, and there have been divorces and broken lives after engagements which have existed for years. The medium, therefore, may be considered the best plan to pursue; namely, an engagement which is neither too short nor too long, but just sufficient to make a broad and easy stepping-stone between the old life and the new. The result of a very short engagement depends upon the strength and genuineness of character in the individuals, while the haste with which they have consummated so important a step says but little for their wisdom or prudence. A hasty and ill-advised marriage is a bad beginning in life. A very long engagement, on the contrary, is an eternity of that hope deferred which maketh the heart sick, and it is much harder for the engaged girl than for the engaged young man who is "a laggard in love". She has to wait usually, while he works actively, bringing himself into new relations, obtaining new experiences, and in many ways living a life which she can not share, and which is more than likely to interpose a barrier between their mutual sympathy and confidence, and cause them to drift apart from each other.
Gems of Deportment and Hints of Etiquette, Martha Louise Rayne, Detroit: Tyler & Co., 1881.
There was more to it than that, however. Close contact of this type was going to lead to something with some people. Therefore, with a broken engagement, the female participant would be potentially at least slightly tainted in some fashion, either regarded as "ruined" or regarded as an obviously difficult and unmarriageable person. There was a flip side to this, which we'll address below.
Additionally, in an era in which women had limited career opportunities, getting engaged set a woman on a certain financial course whose sudden end could be devastating economically. It was assumed, naturally enough, that during the engagement she'd sworn off other suitors, many of whom would have moved on in the meantime. Indeed, amongst the very old even now you'll frequently read stories of very elderly "first loves" reuniting, showing that whatever went wrong early on had forced them into other paths, even if they obviously retained affection for each other.
Seduction
The flipside of breach of promise, this tort sounds obvious, but in practice it was less so. The tort allowed an unmarried woman's father - or other person employing her services - to sue for the loss of these services when she became pregnant and could no longer perform them. We recently saw an example of this being played out on the Canadian World War Graphic History blog in an entry concerning Lieutenant Colonel Charles Flick.
As that entry noted, Flick and one Kate O'Sullivan engaged in some sort of sexual act. What occured isn't clear, but it seems pretty clear that Flick seduced Kate, or perhaps raped her. In any event, Flick, then an officer in the British Army, was sued by Kate's father. As the blog notes:
Seem harsh (assuming it wasn't rape)? Well, it really wasn't. Kate, at age 25, was reaching the upper limit of her marriageable age at the time, and now she had a daughter to take care of without Flick. Whether Flick tried to make it right (which was common) by marrying her or not, we don't know They didn't marry, however. Mr. O'Sullivan was left, therefore, with the financial burden of his daughter, who could now no longer work, and his granddaughter as well.
While this may all sound pretty harsh, it reflected an economic reality that still exists. Seduction continues to exist as a legal principle, even if we don't recognize it. It exists in the form of child support laws, which achieve essentially the same thing, but through the partial intervention of the state. At the time, it was up to people to take care of this on their own, which was not a less just system.
Flick, by the way, went on to a career in the British Army, serving overseas, and ultimately in the Canadian Army. He was an opponent of Japanese internment in Canada, so no matter what his early story was, he wasn't entirely a terrible person.
Alienation of Affection.
This occurred when someone interfered with the marriage, causing a spouse to lose affection, mostly often through seduction, but not always. Indeed, meddling third parties could be liable for interfering with a marriage, including objecting in laws or even clergymen. In the Wyoming case of Worth v. Worth, 48 Wyo. 441 (1935) a daughter-in-law suited her in laws on just such a claim, recovering the amount of $35,000 in damages. The damages in such cases were for emotional distress and mental anguish, shame, humiliation, and economic loss, including financial contributions toward the marriage and potentially punitive damages.
The elimination of this tort created a situation in which unrestrained interference in marriages can and frankly does arise. Amongst women, it tends to come up in terms of the "support" of female friends, many of whom have broken relationships themselves, or in some instances feel that a friend married beneath herself. I've seen this happen first hand, with the women who don't have to live the consequences harping on tehir friend to divorce.
The flipside of this is that men do the same thing, but it tends to be over other issues, with those issues often being sexual. In spite of they hypersexualized era in which we live, or perhaps because of it, it's frequently the case that couples enter a marriage badly damaged in this area and ultimately that impacts the woman much more. Women with multiple sexual partners before marriage are almost statistically incapable of living out their marriage. Women who have abused, on the other hand, tend to withdraw from the "marital debt" at some point leaving their husband's stunned. In that case, the men will tend to get the advice from their fellows that they should dump their wives for a more willing, and often younger, partner, or they'll simply begin to engage in adultery and excuse their conduct.
Criminal Conversation
Criminal conversation was similar to Alienation of Affection, but involved sex, so the last item noted here had arisen.. It was the tort of sexual intercourse outside marriage between the spouse and a third party, with each act being a separate tort, and the liable party being the third party. Damages included emotional harm, mental suffering, loss of support and income, and loss of consortium.
Not surprisingly, this tort changed over time to something radically different, and it then allowed an unmarried woman to sue on the grounds of seduction to obtain damages from her seducer, if her consent to sex was based upon his misrepresentation.
The unifying thread in all of these is that they took marriage, and beyond that, the male female relationship extremely seriously. For want of a better way to put, they took sex very seriously as well.
One of the things that the Sexual Revolution proved was that people were incredibly naive about sex, but not in the way that the revolutionaries imagined. In fact, the pre revolutionary condition proved to be the wise one, as it grasped the nature of sex. While perhaps not the best way to set it out, we'll quote here an item from Quora, which is always a somewhat dubious source of anything, which was on a thread on whether premarital relations should be illegal, which in a few countries they still are. Some commentator noted:
Sex absolutely, deeply and irreversibly transforms
You
Physically, Emotionally, Mentally and Spiritually.
It transforms abusers and the abused,
It transforms actors in porn,
It transforms friends who do it casually,
It transforms one-night standers,
It transforms johns and the prostitutes,
It transforms gays and lesbians,
It transforms the masturbater,
It transforms viewers of porn,
It transforms people who only do it orally,
It transforms those who use protection,
It tranforms unmarried couples,
It transforms married couples,
Sex is a language of the body.
And it is a langualge that has a definitely fixed meaning.
It communicates an absolute message.
It says I AM YOURS, FREELY, COMPLETELY, FAITHFULLY and FRUITFULLY.
After sex, you will either be made or ruined
Physically, Emotionally, Mentally and Spiritually.
We can think that nothing in us has changed,
But we will never the same as before.
We can tell ourselves that sex is pleasurable and healthy exercise,
And that we will be worse off denying ourselves from the pleasure it gives.
But, we will still have trivialised the message our body has communicated.
When we add meanings to the fixed message of sex,
The message of our mind is not aligned with the fixed message of our body.
We are no longer integrated. We have lied.
Sex in forms that detract from its fixed message is an abuse of the body.
It is cripplingly addictive, simply untruthful, absolutely unfulfilling and very ruinous.
If you have not done it. Don’t begin.
If you have done it, learn from this and do your best to cease.
Be hopeful. Every Saint has a past. Every sinner has a future.
Remember, the purpose of sex can only be properly fulfilled within and after
Marriage.
Written almost like a poem, the writer is absolutely correct. Psychologically, biologically and chemically, sex changes everything. It binds the people, whether they wish to be or not.
Indeed, in the area of odds and ends, one of the commentators on Catholic Stuff You Should know once noted this in that he was with a group of friends who wished that he could still see women the way he had, before. He remembered having done that, but the change was too profound to allow him to do again. That's likely nearly universally true, at least for men.
On a scarier note, in an interview I heard some time ago from a very orthodox Catholic source, a person who assisted with exorcisms noted that in some cases the possession had come about during intercourse, the metaphysical nature of it being such that license existed due to the marital act for the possession to transfer from one person to another.
Now, people like to wink and note that even amongst members of Apostolic faiths, premarital sex is common. But prior to birth control, it was much less so. It was not, however, nonexistent. Part of the breach of promise recognized this. But part also recognized that once couples head down this road, there's no real coming back, ever.
Ever.
And that, in no small part, is why "no fault" divorce works an irreparable and unconscionable injury to marriage, the married, and men and women in general.
It should not be allowed.
Before we look at that, or rather before we carry on directly, however, we'll take a big diversion. The reason is that we happened, in an unrelated fashion, upon something tagentially related to this topic and started a post on it, but then decided that it would really be better set out here.
And that involves two videos from The Catholic Gentleman blog.
Normally I'd be very hesitant to post a video of this type, probably out of cowardice as much as anything else, but these are so well done, if not really titled correctly, I'm making an exception.
They're really insightful.
Having said that, I'll retreat into cowardice a bit. The mere title, "What women don't understand about men", can raise hackles and eye rolls. And the fact that it's linked in from something called "The Catholic Gentleman" will immediately provoke cries of "rad trads" and patriarchist, and the like.
Well, actually, this is much more in the nature of informed evolutionary biology.
And, to note it again, they're mistitled. That's because these two videos could just as easily be "What men don't understand about women, and what women don't understand about men, and why that's the case.
Now, these do take this topic on from a semi religious prospective, but only semi, which is really interesting in that this is from The Catholic Gentleman blog. They creep right up on, and even cross deeply into, evolutionary biology, again in really insightful ways, and frankly if the religious aspects of these videos were omitted, they'd still be highly valid. In the first one, in fact, the religious elements are hardly mentioned.
Now, a few warnings about these insightful videos.
About half of the first one is about sex, sort of, but not completely. Rather, it's more accurately on how men perceives their relationship on a primary basis, which is heavily based on sex, which is part of the reason that they're so insightful. It also means that they touch on a topic gently, but much more graphically, than has ever been discussed here before.
Crud? Yes, but more accurate in some ways than we care to imagine once certain lines are crossed.
But the times call for it.
Put simply, and grossly simplifying it, we're an animal whose evolutionary biology is really odd, and that's not a societal thing. Of all the mammals, we belong to the group that has the highest degree of sexual dimorphism. And of every animal in our group, the primate, we're at the top of the scale, indeed, over the scale, on it. It defines a lot of who and what we are as an animal, and how the two sexes react with each other.
This is not, I'd note, unique to this analysis. The first time I recall reading this was actually a discussion on Homo sapiens evolution in The National Geographic decades ago. The thesis to explain it is that in one of our homo ancestors, quite a few ancestors ago, the dimorphism began when the species intelligence advanced, resulting in an unusually long period before we're mature adults. That meant that our mothers, or rather their mothers, had the responsibility of dealing with and taking care of the infant and child human for a long time. . . years in fact. That caused the dimorphism. Females evolved accordingly in one direction, and that direction emphasized security and relationships. Males evolved in another, and those involved a set of things we have otherwise discussed here, but also, and we really haven't discussed hit here, sex. The National Geographic author's assertion, and it seems well-supported, is that the evolutionary trade-off is that human males became basically ready, if you will, all the time and traded intercourse with human females, who are receptive, unusually, in varying degrees all the time. Females received food and protection.
That is, we'd note, a gross over simplification, somewhat.
As we're a very complicated species, with our big brains, it became more involved than that, but the basic elements remained. Humans do look for lifetime mates. Males are highly oriented towards connecting love of their mate, ultimately, with intercourse, and if it's absent, severe problems typically begin to arise. Women place little importance on that, however, past the initial stage of the formation of the couple, and instead place an enormous focus on relationships and feeling safe. Women really don't understand that for a married couple, or perhaps we should say one in a real union, that for the male, if the physical aspect of it is absent, he'll feel frustrated, insecure, and unloved. Men really don't get that women can simply omit this to some degree, or even entirely, and not feel the same way at all. On the other hand, men don't grasp that if a woman feels insecure, it's relationship threatening.
The first video does a really good job of explaining that. If you want to look into it, and do to my autodidactic nature I did, you can actually find a pile of stuff supporting what they're saying.
The second part of the first installment is on how men yearn for respect and equate love with respect. Women do not. Women expect support. You can find lots of stuff on this as well, although you need to be careful. One thing that is mentioned barely here, but which showed up in a net search, is that a female insulting a male, well, in a physical fashion in this arena can actually be devastating. There's an entire Reddit thread where a married man mentions this occurring in an argument which seems to have largely resolved on its primary point, but which seemed overwhelmingly likely to result in a divorce, even though the woman had repeatedly apologized. Even other women were counselling, "dump her".
A couple of notes, before moving on, one that's touched on in the video, and another not. The video makes a really good point, which has to do with male adolescence and how males develop. The context of it is in regard to transgenderism, and the point is made that the sort of crisis that males go through at a certain age, as things turn on, would be wholly absent for those claiming to be transgendered. Without that, however, you really aren't male. And no doubt the reverse would be true for whatever it is that women go through.
Men Did Greater Things When It Was Harder To See Boobs
Not nearly as touched on, but a major problem, is that not only are men highly oriented in this direction, but at the point at which its realized its like flipping a switch that men can't get back from. This is mentioned in the excellent podcast Catholic Stuff You Should Know. Men really can't' get back from where they started off, once they go down this path (and yes, I'm not going to fill it all in). It's sometime wondered "how" Catholic Priests can endure their celibacy, and it should be noted that St. Paul advised that unless the person had the grace and call to do it, they shouldn't attempt it. Most Priest who are truly called not only have that calling and grace, but they've likely never gotten to the point where the breaker was switched. Once it is, enduring the celibacy would be difficult in the extreme, and we note that in fact not all have endured it.
The second video is on three different topics.
The first is how men handle insecurity and stress, which often is very aggressive, or at least some form of aggression. The other way tends to be through addictive behavior.
The prior set of statues took the relationship so seriously that it was somewhat difficult to contract in the first place, had very serious implications from day one, and was very difficult to break. By being difficult to break, it protected first children, but then it protected the married men and women themselves.
This is not to say that all marriages were always rosy, but truth be known, the majority of marriages that break up do so due to transitory matters. That's why divorce originally required proof of something serious. Critics of the old statutes claimed that this forced people, and they usually mean "women" by people, to make up lies to obtain a divorce, and lying did indeed occur. Missed in that is that the fact that lying was occurring mean that what was being claimed, such as mental cruelty, didn't really exist. It was all just a matter of feelings.
That it is a matter of transitory feelings is borne out by the evidence. At a bare minimum, it's reported that 27% of women and 32% of men regret their divorces, or are willing to admit that they do. Given the nature of such reporting, we can probably easily assume that the real percentages approach at least 40%, if not higher.
Taken out of that, of course, are the percentages of those who divorce who simply kill themselves. Suicide being a risk due to divorce is very well established, although statistics associated with the percentage that take this tragic route are hard to come by, with men being nine times more likely to kill themselves following or during a divorce than women. That last statistic is particularly interesting, as there's something about men that causes them to take that approach at a much higher rate than women, although suicide is an increased risk for men and women due to divorce. Men, it is well known, tend to lose their social structure upon marrying, and it tends to devolve, over time, down to their wife. Again, looking back to old wisdom, the Old Testament informs:
Therefore a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh.
They do indeed, and this does indeed become the case. It's really easy to find examples of a wife's family essentially becoming the family of her husband, but it's much less common the other way around, in spite of what many people assume. Men getting divorced tend to lose their entire families as a result, their wife, their children, and their wife's family, with nowhere to go. The failure is so existential, they'd simply rather die. Women suffer to, but the classic "going back to her parents" is an option for them. Men don't "go back to their parents". They go back to new dwellings alone.
Suicide is now so common with divorce that its frequently discussed in various divorce related circles, including legal ones. Interestingly, the tragedy frequently is followed by the comment that if a person is edging towards this during the divorce in an open way, it should basically be disregarded, as that's manipulative. At some level, that's an incredibly self-interested set of views. Self-slaughter if never the right answer, and from a Christian prospective, it's a mortal sin. But the people who state "I feel guilty because my spouse killed himself" often really should feel just that. They abandoned their vows and the other person fell into despair, so yes, you should feel guilty, and moreover, you in particularly should not "move on" into another relationship having helped kill, quite literally, your prior one.
All of this is also why the death rate associated with men is also falsely low. Some go home and kill themselves sooner or later, but some simply drink themselves to death, or purposely engage in a lifestyle that will shorten their lives. Some just die, broken-hearted. Indeed, a bona fide medical condition, takotsubo cardiomyopathy, or “broken heart syndrome,” occurs in a certain percentage of otherwise healthy people, killing 5% o those who obtain it, and causing long term health effects for 20% of those who aren't killed by it but survive. In extreme cases, a related psychological condition results in a mental collapse in which a healthy person just gives up the will to live and ceases all efforts to do so, resulting in death coming within the span of a week unless people catch it and intervene.
Oh well, right? We've moved on to the brave new legal world where the facts are made up and the answers don't matter, and just have to live with it.
No we don't. There are things that can, and should, be done. But what can be done?
Be honest about the relationship between men and women.
It's ironic that in the age of freely available information, and great advances in society, that what people have learned is the mechanics of sex, but nothing about its existential nature. This is a root part of the problem.
And I'm using the term "sex" advisably, not "marriage".
If the defenders of Catholic annulments are to be credited, the reason that so many are granted is that people just don't grasp the nature of what they're getting into. As noted above, I'm pretty skeptical on that, but there's at least something to that. Women don't seem to realize that once they become sexually active with a man he can't go back to the status quo ante. They also, in many instances, don't realize (and again, Reddit is full of this stuff) that once the vows are exchanged and the presents opened, they can't really expect a return to the days of care and cuddling. For that matter, once children are born they're not getting back there either. They will have achieved exactly what the New Testament provides, literally:
That is why a man leaves his father and mother and clings to his wife, and the two of them become one body.
He's not going to get over the "clinging".
If the authors of The Catholic Gentlemen are correct, women need to grasp this. But there's a lot that men need to grasp as well. And before we depart on this topic, we'll note, at least in undamaged women, and a lot are damaged, the psychological union that this creates exists too.
When I was looking up stuff for this post, one of the things I just ran across was a post by a woman who had initiated a divorce. Still convinced that she was correct in doing so, she was baffled by why she was repeatedly thrown into lamenting the divorce and the loss of her husband. Of course, the Redditors came in with all sorts of "grieving" statement, and in a way they were right. But the reality of it is that she tried to cut something down that was within herself and killed it so it didn't die a natural death. As that attempt at murder, and indeed it’s a type of self-murder given the nature of marriage, is ineffective, her DNA was telling her what society could not. Her divorce is false. She wasn't the person she was before she attempted to divorce.
It's here where the videos linked in can do a real service. Societally, we lie about sex all the time and have damaged people enormously as a result. What we've essentially done is to encourage people to get on the perversion and decay train, and a lot have boarded it. Then we're surprised by the result. To give an odd example, everyone was surprised when "America's Dad" Bill Cosby turned out to be a serial sexual pervert. But why? We knew that he hung out at the Playboy Mansion and everything associated with Playboy ended in perversion, long term.
This obviously goes beyond marriage, of course, and gets towards being honest about our psychology as a species, which we aren't. We can pretend that the old standards went away, but the old DNA is still there.
What can be done under the current law
Part of the reason, indeed a lot of the reason, things have gotten so bad is that divorce lawyers, have failed to really examine the law much, with rare exceptions.
They should.
Quite frankly, it'll probably take conventional civil litigators to do it.
But what can be done?
Domestic lawyers really don't look at the law much. They have just gotten used to "this is how things are done". An example of that is Wyoming's "no fault" divorce statute, which isn't really no fault. The Wyoming Supreme Court required proof on irreconcilability in a case for the first time this past year, which means it took somebody fifty years to wake up to the fact that the law requires the proof, although the case was very unique, however.
Going back to the old law
We remind people of this:
People constantly imagine that when a mistake is made, and absolting hte old law here was a mistake, you "can't go back".
Of course you can go back.
There actually is a movemen in the nation to move away from no fault divorce. But to get back to the old law society will have to go a bit further back indeed.
It should.
Divorce laws requiring fault should be reestablished, and the "heart balm" statutes brought back. It's those latter causes of action that, as far as I'm aware, which nobody has preposed to restore.
They should.
A societal reaction.
Finally, in order to really take this on, there needs to be a societal reaction, and this makes people very uncomfortable.
Very uncomfortable.
Part of the reason that we have so much divorce in our society is that we've allowed the conditions creating it. We've badly damaged the psychological makeup of our society over a seventy year period by losing what we knew about sex and the relationship between men and women. That's hard to come back from, but it needs to occur. It'll have to start occurring on an individual basis.
Even when I was a college student in the 80's it was still the case that people living together without being married was frowned upon, even if it was no longer really societally prohibited. Doing that on a non-married basis toys with the programmed in nature of sex and the relationship between the sexes in a major way. Indeed, in many societies earlier on, to do that was simply to create a married relationship that the couple was then stuck with. Even in early Christianity, as is so often forgotten, there was no marriage ceremony early on. The couple simply agreed to be married and moved in with each other.
Couples that "live together", as its now politely called, are creating a proto marriage whether they wish to or not, at least within themselves. If this is not going to be frowned upon, it ought to at least be acknowledged for what it really does.
Beyond that, and it would have to start there, the easy separations that have come into being should not be so easily tolerated. Couples break up and divorce, as we know, but it really doesn't have to be accepted by a party that didn't wish to, and if they didn't wish to, they should stand their ground in their status. And this is true, in my view, of religions annulments as well. To go against these, in Catholic terms, is regarded as absolutely shocking and subject the person who does it to attack. Well, proclaiming that you view the other party as engaging in a fraud won't make a person popular, but standing for what is true often doesn't.1
Footnotes:
While I'm aware that it will be a very unpopular thing to say, another aspect of this would be not to tolerate the divorce industry.
Like almost everything that plagues our society, there's a strong industrial element to all of this. The corruption of marriage in the first place, by which we mean the corruption of the relationship between men and women, was brought about in no small part due the pornography industry, which is a subset of the sex trade industry. As it took root, the entertainment industry, the medical industry and the legal industry became highly involved with it.
Law in American society has become an industry, and as noted, it's very tied up in it. Law, like medicine, was a profession, but the corrupting influence of money has very much corrupted it. Divorce litigation is its own industry. There's no reason to respect it, or those involved in it, including lawyers involved in it.
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