Policy Analysis
When conducting policy analysis in family sociology, researchers look into how various government policies and programs influence individual families. It is an analytical look at how government action might alter the dynamics within a family. Marriage, divorce, child custody, adoption, domestic abuse, and child welfare policies must be investigated. Finding these gaps and suggesting solutions through policy analysis is fundamental to family sociology. This process also involves assessing the unintended consequences of policies and determining how well they achieve their stated goals. It also involves examining various policy options and assessing how they might affect families and individuals.
Policy Analysis 1: The Impact of No-Fault Divorce Laws on Family Stability
A marriage can be legally terminated through the divorce process. Many states in the United States have different laws regarding divorce, although generally speaking, no-fault divorce is the norm. By eliminating the burden of proof on either spouse, “no-fault” divorce laws make it easier for couples to end their marriage. This policy analysis focuses on the effect of faultless divorce rules on families. Divorce was formerly only possible if one spouse could show that the other was at fault for the marriage’s demise, but no-fault divorce rules have changed all that. 1. Adultery, cruelty, desertion, and imprisonment were the most common causes of divorce. This was often a drawn-out procedure that left everyone involved feeling exhausted and broke.
Many states began enacting “no-fault” divorce policies in the 1960s and 1970s. These statutes allowed spouses to end their marriages without establishing that either partner had done anything wrong. Instead, they may claim their marriage had “irretrievably broken down” and proceed with the divorce process. One spouse may file for divorce without blaming the other in states with “no-fault” laws. This implies the court will not assess whether or not either spouse was at fault in deciding to divorce. Instead, the court will make the final call on issues like child custody, alimony, and property division.
Some opponents of no-fault divorce laws believe that the lower barriers to the divorce may encourage more marriage dissolutions. Some are concerned that this may undermine families in general and harm children. Some argue, however, that a more straightforward divorce process could help reduce domestic violence by encouraging victims to leave abusive marriages 2. As a corollary, no-fault divorce rules vary significantly from state to state. While obligatory waiting periods and other procedures can slow divorce in some countries, they can be done quickly and easily in others. Because each country has its divorce laws, this could cause complications.
If we were to propose changes to the law in this area, one possibility would be to standardize the procedure for obtaining a no-fault divorce from state to state. This may involve establishing statewide uniform waiting periods or other regulations. To further help those going through a divorce, policymakers could make resources like counseling and mediation available to those involved. An additional safeguard for victims of domestic violence during the divorce process is another possible reform. Access to resources like counseling and support groups, as well as legal protections like restraining orders, may be part of this. Eventually, any changes to no-fault divorce rules would have to strike a balance between ensuring that divorcing couples have access to a just and timely procedure and minimizing adverse effects on families and children.
Policy Analysis 2: Same-Sex Marriage Rights in the United States
There has been debate about same-sex marriage in the United States for many years. After a protracted legal struggle, the Supreme Court eventually legalized same-sex marriage in 2015. Nonetheless, the struggle for marriage equality has been protracted and is still alive. The legal definition of marriage as it currently stands only recognizes partnerships between a man and a woman, which preserves and promotes conventional gender norms. Since no-fault divorce laws were passed, divorce rates have increased, which has terribly impacted family stability, especially for children.
It has been challenging for same-sex couples to navigate the legal system, particularly at the state level. Until the historic Obergefell v. Hodges Supreme Court judgment in 2015, same-sex couples were prohibited from getting married in several US states 3. Some states had passed laws allowing for civil unions or domestic partnerships, but these were not equivalent to marriage and did not provide the same legal protections and benefits. Same-sex couples were denied access to Social Security survivor benefits, joint tax returns, and spousal medical decision-making, among other rights. Nonetheless, some states have continued to discriminate against same-sex couples by refusing to issue marriage licenses or enacting laws that condone such discrimination. ‘Religious freedom’ laws have been passed in some states, making it legal for companies and individuals to discriminate against same-sex couples.
Many critiques and observations can be made regarding the body of law that protects the rights of those who choose to marry within their gender. Notwithstanding the Obergefell judgment, numerous states have continued to establish laws and regulations that discriminate against same-sex couples. This is one of the primary points of dispute. 4 Hence, same-sex couples residing in these states have experienced judicial fights and a lack of confidence.
Several critics think that the campaign for same-sex marriage rights has been singularly focused on the freedom to marry, as opposed to addressing other concerns linked to LGBTQ+ rights, such as labor discrimination, housing discrimination, and healthcare inequities 5. In addition, activists assert that the debate over gay marriage has largely ignored the plight of LGBTQ+ individuals who are impoverished, homeless, or face other forms of discrimination.
I would make several amendments to this legislation if I met with lawmakers and offered suggestions for improvement. To begin with, I favor federal legislation that forbids discrimination against anyone based on their gender identity or sexual orientation in any context, including but not limited to employment, housing, and medical care. This would grant LGBTQ+ individuals and their families full legal rights and marital equality.
Second, it is crucial to repeal state laws that still permit discrimination based on religious convictions or against same-sex couples. Because of this, same-sex couples worldwide would enjoy the same legal rights, such as the freedom to get married. The needs of LGBTQ+ families experiencing poverty, homelessness, and other bigotry should be considered more; I would like to conclude. Policies that guarantee LGBTQ+ persons access to reasonably priced housing, healthcare, and other essentials of life may fall under this category.
References
1 Mortelmans, D. (2020). Divorce in Europe: new insights in trends, causes and consequences of relation break-ups (p. 370). Springer Nature.
2 Mortelmans, D. (2021). Causes and consequences of family dissolution in Europe and post-divorce families. In Research Handbook on the Sociology of the Family (pp. 232-247). Edward Elgar Publishing.
3 Balkin, J. M. (2021). What Obergefell V. Hodges Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Same-Sex Marriage Decision. Yale University Press.
4 Flores, A. R., Mallory, C., & Conron, K. (2020). The impact of Obergefell v. Hodges on the well-being of LGBT adults.
5 Bartlett, K. T., Rhode, D. L., Grossman, J. L., Brake, D. L., & Cooper, F. R. (2023). Gender and Law: Theory, Doctrine, Commentary [Connected eBook]. Aspen Publishing.
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