The Social Construction of the Divorce "Problem": Morality, Child Victims, and the Politics of

Gender
Author(s): Scott Coltrane and Michele Adams
Source: Family Relations, Vol. 52, No. 4 (Oct., 2003), pp. 363-372
Published by: National Council on Family Relations
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The Social Constructionof the Divorce "Problem":

Morality, Child Victims, and the Politics of Gender
Scott Coltrane* and Michele Adams
divorcerateshavebeenstableor dropping
seemanxiousaboutthestateof marriage.
Drawing
Although
for twodecades,Americans
on the sociology of knowledgeand a social constructionistapproachto the study of social problems,we examinereasonsfor this

collectiveanxiety,documenting
conservative
howthedivorce"problem"
has beenframedby organizations
promoting
familyvalues.
Weexaminethehistoryof divorceandidentifysocialcontextsassociatedwithcyclicalclaimsthatdivorcereflectsa breakdown
of the
moralorder.In thecontemporary
context,we examinehowsocialscienceexpertsare usedto portraychildrenas victimsof divorce
andhowsuchimageslegitimate
issuesof genderinequality.
thepoliticalobjectives
of specificinterestgroupsandmaskunderlying

n an averageyear,about2.4 millionmarriagesand 1.2 mil-

lion divorces occur in the United States (Kreider& Fields,

2001). Are these high or low numbersfor a country with a
population of over 286 million people? The answer depends on
one's perspective, and that perspectiveis increasinglyshapedby
divorce experts who conduct studies, write books, and produce
compelling stories for public consumption.In recent years, these
experts have included academic social scientists, demographers,
clinicians, practitioners,and representativesof religious organizations and political pressuregroups. Each has a stake in defining divorce in specific ways, and all compete for precious media
exposure in an effort to influence public opinion and affect government policies. In this article, we explore how the divorce
"problem" has been constructed within specific historical and
culturalcontexts, suggesting that recent acceptanceof expert advice about the long-term consequences of divorce for children
has been facilitated by the rise of morality politics, which we
see as a reaction to culturalanxiety caused by women's increasing independencefrom men.
Clinical psychologist JudithWallersteinis considered to be
one of today's foremost divorce experts, essentially initiatingthe
modern academic debate on the effect of divorce on children
with her 1971 study of 60 divorced families and their 131 children in Marin County, California,which was publishedwith coauthor Joan Kelly in 1980 as Surviving the Breakup: How Children and Parents Cope with Divorce. Her involvement in the

academic debate has continuedto the presentwith the 2000 publication of her book The Unexpected Legacy of Divorce: A 25-

Year LandmarkStudy (with coauthors Julia Lewis and Sandra

Blakeslee), for which she interviewed 93 of the (now adult)children from her original sample. In the latest book, she presented
five composite portrayalsof these adult children of divorce. To
counterprevious criticism leveled againsther methodology,considered by some researchers to be unscientific (see Cherlin,
1999), she added a "comparison group" of adults from intact
families. In summary, her findings have become more antidivorce over time and continue to portraychildren as the victims
of a process that pits the benefits of divorce to mothers, in particular,and parents,in general, against the welfare of their children (see Wallersteinet al., 2000, p. xxxiii). Her suggestion that,
in the absence of overt violence or other parentalpsychopathol*Departmentof Sociology, University of California-Riverside, Riverside, CA 92521
([email protected]).
Key Words: divorce, family policy, gender, marriage, social problems, social movements.

(Family Relations, 2003, 52, 363-372)

2003, Vol. 52, No. 4

ogy, parents should stay marriedno matterwhat for the sake of

the children (p. 307) belies a turn of mind that is not necessarily
substantiatedby her study (see other articles in this issue of
Family Relations). Why, then, in light of the academic criticism
leveled againstthe "science" behind Wallerstein'sresearch,does
she continue to be "widely consideredthe world's foremost authority on the effects of divorce on children" (PBS Video,
1997)? Here, we suggest thatthe answerto this questioninvolves
looking beyond Wallerstein's work and into the political and
ideological divorce reform and marriagemovements that draw
on her study to promote their own agendas concerningthe family.
Our task is not to judge Wallerstein'sargumentsor to assess
the validity of her research methodology, although both have
been subject to criticism (e.g., Amato, 2003, this issue; Cherlin,
1999, 2000; Kelly & Emery, 2003, this issue; Pollitt, 2000).
Instead we examine the question of why Wallersteinhas become
one of the foremost acknowledged experts on divorce in the
popular media and before a number of law-making and lawadjudicatingbodies (e.g., Wallerstein& Tanke, 1996; Warshak,
2000). Drawing broadly on issues relatingto the social construction of knowledge, we suggest that the answer to this question
is informed as much by political and ideological forces as it is
by scientific logic (see McCarthy,1996). In accordancewith this
perspective, we point out that science and politics have historically found themselves to be strangebedfellows on issues relating to family and family values. Ratherthan inherentlyneutral
or scientifically objective, family values are (and have been) infused with power and politics (Allen, 2000; Coontz, 1992, 1997;
Stacey, 1996; Walker, 2000), and debates about marriage and
divorce resonate with moral overtones concerning social order,
disorder, and changing gender roles (Cott, 2000). Drawing on
alarmist assertions about the causal connection between the
"breakdown"of the family and social disorder,divorce reformers and marriageadvocates since the Civil Warhave sought out
social science researchto legitimate their assertionsand promote
their culturaland moral agendas. As we discuss, the most recent
iterationof this moral argument,buttressedby Wallerstein'sdiscursive constructionof the irrevocablydamagedchild of divorce,
provides a symbolic victim aroundwhich divorce reformerscan
rally, adapting (or ignoring) Wallerstein's relatively moderate
public policy recommendationsto fit their own antidivorceagenda.
Suggesting that Wallerstein'sexpertise is framedproximally
"divorce problem" and, more abstractly,by the promarthe
by
we begin our analysis with a brief discussion
movement,
riage
of the 19th-centuryhistoricalbackdropfrom which the so-called
divorce problemin the United States and the presentpromarriage
363

movement emerge. From the historical construction of the

"problem" of divorce, we move to address the theoretical underpinningsof our analysis, framed broadlyby the sociology of
knowledge, and more specifically, by social problemsand social
movements research traditions. With respect to the latter, we
demonstratethe fit between Wallerstein'swork on divorce's impact on children and the broadermovements within which it is
situated and within which an enabling political opportunityis
createdfor her particularexpertise. We discuss the contemporary
promarriagemovement and its methods for appropriatingWallerstein's work and promotingher expert status. Finally, we suggest ways that family practitioners,educators, and policy advisors can draw on insights from the sociology of knowledge to
understandcurrentdebates and better serve adults and children
affected by divorce.

Historical Backdrop to the Promarriage

Movement and the Problem of Divorce
Early in American history, marriage was associated with
social order,harmony, and patriotic duty. Marriageencouraged
"citizenly virtue" by trainingpeople to care about others, acting
as the symbolic key to mitigating the Enlightenment'srampant
individualism (Cott, 2000). At the same time, however, divorce
was part of post-Revolutionarythinking about maritalrelations;
the notion that marriagewas based on consent (as was government) meant that consent for marriages(and governments)that
were not working should be revocable (see Basch, 1999). As a
result, most states were quick to legitimate divorce after the
American Revolution. When and how, then, did divorce come
to be associated with social disorder?
Contraryto currentantidivorceand promarriagerhetoricintoning the value of the so-called traditionalfamily, divorce initially became a public issue in America in the mid-19th century
when organized protest began to attractpublic and legislative
attention.Notably, this public interest in the moral implications
of divorce came fast on the heels of the first wave of the
women's movement (see Bolt, 1993). In 1869, divorce reform
advocate Theodore D. Woolsey, DD, LLD, president of Yale
College, published his Essay on Divorce and Divorce Legislation, in which he articulatedhis "feeling" thatdivorce laws were
too lax (Woolsey, 1869). In 1881, joined by other antidivorce
scholars and religious leaders, Woolsey became the first president of the New EnglandDivorce ReformLeague (subsequently,
the National Divorce Reform League), which "launcheda concerted national drive for family-law reform through legislation
and public education" (Grossberg, 1985, p. 90). Basch (1999)
suggests that VictorianAmericanmoralistslike Woolsey tried to
stem the tide of divorce by relying on a combinationof familial,
political, and moral imagery:
[T]hey advancedtheir argumentby using marriageas a signifier of law and order,and by equating divorce with political chaos. And when they championed the self-sacrificing
communitarianismof marriageagainst the selfish individualism of divorce, they defined theircampaignas nothingless
than a contest between Christiansand infidels... [and] between order and anarchy.(p. 188)
According to Basch, these polarizingdefinitionstransformed
the "divorce question" into a symbolic focal point for competing
world views, suggesting that divorce had become "a lightning
364

rod for deep-seated political anxieties that revolved aroundthe

positive and negative implications of freedom" (p. 188).

Theoretical Approaches to Symbolic Politics

Cognitive and linguistic scientist Lakoff (2002) provided a
theoreticalframeworkfor understandingwhy public debatesover
issues like divorce take on such fierce metaphoricalintensity
during times of social change. Echoing the insights of historians
(Basch, 1999; Cott, 2000); political scientists (Diamond, 1996);
and sociologists (Best, 1990; Gusfield, 1996), Lakoff suggested
that most political debates are shaped by deep-seated and often
unacknowledged symbolic world views. These metaphorical
ways of understandingare rarelyconsistentor rational,according
to Lakoff, in part because they are based on an unconscious
blending of politics and morality: "The link between familybased moralityand politics comes from one of the most common
ways we have of conceptualizingwhat a nation is, namely, as a
family" (p. 13). Lakoff's theoreticalformulationapplies to contemporarydebates as well as to historical ones and is based on
analyses of folk beliefs about the "naturalorder"-the orderof
dominance that occurs in the world (e.g., God as "naturally"
more powerful than people, people as naturallymore powerful
than animals and plants, adults as naturallymore powerful than
children,men as naturallymore powerful than women). According to Lakoff, "the metaphorof Moral Order"(p. 81) transforms
this so-called naturalhierarchyof power into a hierarchyof moral authority(e.g., God has moral authorityover people, people
have moral authority over nature, adults have moral authority
over children,and men have moral authorityover women). Lakoff noted that this understandingof the world not only legitimizes power relations but also allocates moral responsibilityfor
the well-being of those over which one has authority(e.g., God
has moral responsibility for the well-being of people, people
have moral responsibility for the well-being of nature, adults
have moralresponsibilityfor the well-being of children,and men
have moral responsibilityfor the well-being of women).
This system of thoughtleads to a strongconcern aboutmoral boundariesand their transgression.If people deviate from the
moral path prescribedby the naturalorder,their actions are seen
as having effects far beyond themselves. Their acts, according
to Lakoff (2002), call into question traditionalmoral values and
ways of leading a moral life, thus raising the possibility that the
deviant way of life will seem safe, normal,and attractive:"People who 'deviate' from the tried and true path arouse enormous
anger because they threatenthe identities of those who follow
traditional 'straight and narrow' moral paths, but also because
they are seen as threats to the community" (p. 86). A similar
insight derives from sociological theories of deviance and labeling. In general,efforts at deviance designationrest on a powerful
group's perceptionof some threatposed by the "deviants."According to Schur (1984), "the perceived threat may be quite
specific, or it may be diffuse and 'symbolic'-for example, the
fear of a powerful segment of the population that its overall
standing, or position of dominance, is about to be undermined"
(p. 44; see also Gusfield, 1996; Spector & Kitsuse, 1987). Perception of such threats(even if unfounded)tends to emerge during times of rapid social change. At the time of the emergence
of the divorce problem in the 19th century, the perceived threat
to the moral order revolved in part aroundthe changing role of
women and feminists' claims that they should be treatedas the
legal equal of men, even if married(Adams, 2003).
Family Relations

Divorce Reform and Women's Rights

Foreshadowing the current divorce reform movement, the
context of 19th-centuryantidivorceorganizingwas one in which
women were making slow but inexorableinroadsinto men's absolute power in the family and in society. Although the Victorian
notion of separatespheres enforced an ideology of women's domesticity, the common-law doctrine of coverture, by which a
wife's identity was subsumed under that of her husband, was
losing ground as MarriedWomen's PropertyActs were passed
in various states (Shammas, 1994). The fact that divorce was
becoming more prevalent, and that women were the primary
initiatorsof it (Friedman& Percival, 1976), showed that women
were becoming more confidentin their ability to survive outside
of marriage (Degler, 1980). Moreover, an organized women's
movement was advancing the cause of women's rights, with
leaders of that movement advocating liberalized divorce as an
escape for oppressed women (Kleinberg, 1999).
The divorce reformplatformin the late 1800s called in part
for nationaluniformityin divorce laws. As now, each individual
state determinedwho could divorce and for what reasons. Divorce at the time was an adversarialaction involving a guilty
party and an innocent one: someone had to be at fault for breaking the maritalcontract,and someone had to be harmedby the
other's actions. Groundsfor fault were determinedon a state-bystate basis and rangedfrom adulteryonly to generalmisconduct,
resulting in "migratory divorces" as those who could not divorce in their resident state traveled to states more friendly to
divorcing couples. Thus, althoughfault-baseddivorce was often
consensual in the sense that many divorcing couples (along with
their lawyers and judges) colluded in bypassing arduouslegalities, divorces were officially fault-drivenuntil 1969, when California passed the first no-fault divorce law. Besides migratory
divorce, another effect of the discontinuity between states was
the lack of reliable statistics available on how much divorce was
actually occurring(Blake, 1962; Woolsey, 1869). As we discuss
below, this ambiguity,althoughnow frequentlyattributedto different causes, is still a factor in debates about marriageand allows for widely divergent divorce claims to coexist (Caldwell,
1998).

Historical Images of Children, Mothers,

and Divorce
Child-rearingpracticesin colonial America were often driven by religious sentiment.Many Puritansthought childrenwere
born evil, and parents were instructedto drive the devil from
their children's souls (Greven, 1991). Fathers,in charge of their
children's spiritualsalvation, were directedto enforce strict discipline and demand respect from their little charges to "cleanse
children of their sinful ways" (Coltrane, 1998, p. 84; Greven).
In general, parentsin the 18th and 19th centuries also regarded
their children as economic assets, valuable for their potential
contributionsto the family economy ratherthan for their emotional worth (Zelizer, 1985).
Thus, until the 1800s children rarely merited much discussion in petitions for divorce (Cott, 1976; Mason, 1994). Attitudes
about children were undergoingchange, however; 19th-century
moralists no longer considered them to be inherently evil but
instead malleable and shaped by parentalactions. Accounts of
children in 19th-centurydivorce actions grew and, accordingto
Griswold (1982, p. 141), some divorcing husbands and wives
2003, Vol. 52, No. 4

got into "bittercustody battles" to prove who could provide the

best moral environmentfor the children. Gender ideology also
was undergoingchange duringthis time, as the Victoriannotion
of separate spheres for men and women began to promote the
ideal of mothers as the primaryagents of family nurture(Hays,
1996). Thus in the early part of the century, children'scustody,
previously automatically awarded to fathers, began to shift to
mothers (Griswold; Hansen, 1999; Mason, 1994). Compatible
with this "tenderyears doctrine," under which the mother was
grantedcustody unless she was deemed to be "unfit," fault also
acted as an "allocation device" for children,with the "innocent
spouse" generally receiving custody (Fineman, 1991, p. 18);
husbandswere generally the "guilty" party,at least as indicated
by the prevalence of wife-initiated divorce (under fault provisions, the guilty party could not sue for divorce). Due to the
rising divorce rate and the increasing prevalence of maternal
child custody, 19th-centurycourts began asking, "What should
be done about the children of divorced couples?" (Hansen, p.
1128). The answer for these courts focused less on divorce
avoidance and more on payment of child support (Hansen; for
a discussion of the social constructionof modern debates about
custody and support,see Coltrane& Hickman, 1992).
The organized 19th-century divorce reform movement's
struggle to change divorce law was largely unsuccessful (Kay,
2000). Comprisedof both a moral and an economic dimension,
divorce (and access to it) has appealed to people at a personal
level (Friedman,1984), althoughat an abstractlevel, people have
generally been receptive to "makingdivorce harderto get." For
these reasons, among others, it became clear by the 1920s that
the idea of divorce reform had been, if not vanquished, essentially drivenunderground(Kay), to re-emergein post-WorldWar
II America as a call for no-fault divorce. Although no-fault divorce is sometimes portrayedas a feminist attemptto increase
women's options in oppressive marital situations, in fact, feminists had little to do with development of no-fault divorce laws
(Kay). Instead, the hypocrisy in the legal system occasioned by
fault-based divorce and the illicit collusion of judges, lawyers,
and their clients called out for system reform "to shore up the
integrity of the law and to preserve the dignity of the couple"
(Bradford, 1997, p. 614). In 1969, Californiawas the first state
to enact no-fault divorce legislation; all states, except Illinois and
South Dakota, added no-fault provisions to fault bases for divorce by 1981 (Friedman, 1984). Since that time, no-fault divorce has been available in all states, although family moralists
have been successful in introducingreforms such as Covenant
Marriage,which provides prospective newlyweds with a faultbased option. On the surface, no-fault divorce eliminated the
need for adversarialproceedings in which one spouse was a
guilty victimizer and the other was an innocent victim; in essence, it has eliminated the institutional victim of divorce by
refusing to judge groundsfor the action. On the otherhand, "the
regulatorymanifestationof state concern at divorce now focuses
on the internal aspects of family life, with the need to protect
individuals" (Fineman, 1991, p. 19); that is, the increasingfocus
on children as the symbolic victims of divorce (and the concomitant need to protect these victims) justifies the state's continued
regulation of divorce. As courts in the 19th century had looked
to custody and enforcement of child support as an answer to
what to do with the child of divorce, the answer for current
divorce reformershas increasinglybecome "mandatorymarriage
[and reduced options for divorce] 'for the sake of the children"'
(Lacey, 1992, p. 1435).
365

0
*w

Childrenhave not always been seen as innately victimized,

with the "child as victim" trope being of relatively recent historical vintage. As noted above, 18th-century attitudes about
children as inherentlyevil were replaced in the 19th century by
the notion of children as more malleable and susceptible to evil
than innately so (see Griswold, 1982). Previously perceived by
their parents in terms of potential wealth and support, by the
latter part of the 19th century children had become "economically worthless, but emotionally priceless" (Zelizer, 1985).
Moreover,the Victorian ideal of separatespheres and the associated "Cult of True Womanhood" (Welter, 1966) led in the
contemporaryera to what Hays (1996) referredto as the "ideology of intensive mothering"(p. 4), reinforcedby new psychological theories and an emerging class of professional child development experts. This ideology implies that mothersand their
children are symbolically "joined at the hip" and that mothers
are generally to blame for their children's shortcomings. This
notion of the all-powerfulmotherand the potentiallyendangered
child was strengthenedafter World War II when studies of war
orphans(Bowlby, 1953; Spitz, 1945) "proved" that deprivinga
child of maternal care would endanger its psychological and
physical health (Chodorow & Contratto,1992; Coltrane& Collins, 2001). The sentimentalizednotion of childrenas threatened
by forces both inside and outside of the family was played out
in various forms duringthe latterpartof the 1900s: news stories
and social science studies of child abuse, missing children, satanic cults, and daycaremolestationinstitutionalizedthe child as
victim image (Best, 1990). Because "the endangeredchild is a
powerful symbol for almost all Americans" (Best, p. 181), when
no-fault made divorce a "victimless crime," social movement
activists turnedtheir attentiontoward children as the newly discovered victims of divorce (Lacey, 1992). In concert with this
theme, family moralistsbegan to build a social agenda based on
protectingthe nuclear family and preservingparents'traditional
authorityover their children: "Concernabout threatsto children
meshed neatly with the fundamentalists'values.. .. For the New
Right, the basic lesson was that a society that turnedits back on
religion and traditionalvalues endangeredits children" (Best, p.

182).

Sociology of Knowledge and the Construction of

Social Problems
According to social historians, Enlightenmentthought assumed the existence of objective truth, which could be discovered by following "correct" scientific procedure.On the other
hand, adherentsof the sociology of knowledge perspectiverefer
to the social origins of knowledge, suggesting that "truth" is
embedded in historical and social processes (McCarthy,1996).
Thus knowledge, constructedsocially and situatedin a particular
historicalcontext, "can containand transmitall mannerof values
and judgments" (McCarthy,p. 109). Knowledge construction
involves the operationof power and, relatedly, the operationof
politics (McCarthy).We draw broadly on this theoreticalframework to suggest that the creation of the so-called problem of
divorce in the 19th century and the articulationof the victimized
child as the symbol of this divorce problemin the contemporary
context representknowledge constructedto protectthe interests,
generally, of family moralists advocating adherence to an idealized vision of the so-called traditionalnuclear family.
One way that interest groups constructknowledge involves
the creation of social problems. In studying social problems,
366

scholars tend to use either the objectivist or the constructionist

approach.Objectivists contend that social problems are defined
by the existence of real (objectively given) conditions that are
threateningor damaging,such as any conditionthatcauses death,
spreads disease, shortenslife expectancy, or reduces the quality
of life on a large scale. The objectivist approachconceives of
social problems primarily as a product of dysfunctions, social
disorganization, role and value conflicts, and norm violation
(Goode & Ben-Yehuda, 1994). In contrast, social constructionism, now the dominant paradigm in the sociological study of
social problems,takes a more subjective or relativisticapproach.
To constructionists,similar social conditions do not necessarily
produce similar social problems because it is the collective definition of the condition as troublesome that constructs it as a
social problem. In practice, social problems are constitutedby
groups asserting grievances and making claims about putative
social conditions (Schneider, 1985; Spector & Kitsuse, 1987).
Social problemsarise when advocacy groupsadvanceclaims that
generatepublic concern;that is, an issue becomes a social problem to the degree that it is publicly defined as disagreeable(Goode & Ben-Yehuda).
According to Best (1990) and other social problems researchers, those advancing claims are typically motivated by a
desire to affirm the correctness of their own values and to seek
validation that their issue is worthy of widespreadpublic attention. Groups most successful at defining social problems are
those with a strong interest in the issue, resources to promote
their problem definition, and the credibility to do so (Goode &
Ben-Yehuda, 1994). As groups make claims about certainsocial
conditions, others respond. It is this act of claims making and
counter-claimsmaking that turns an objective issue, which may
or may not have attractedprior attention,into a social problem
(Best; Schneider,1985). Although advocacy groups have always
attempted to further their interpretation of social problems
throughpublic discourse, the context in which those claims have
been advanced has changed dramaticallyover the past century.
As Mills (1959) pointed out many years ago, the transformation
of personal troubles into social issues requires marshalingeconomic and political resources. In the modern era, contests over
defining the meaning of social problems have been increasingly
shaped by the influence of special interest groups and the scholars, think tanks, and media coverage that supportthem.
Gusfield (1996) pointed out how successful claims about
social problems tend to invoke notions of societal consensus,
ratherthan staking out different sides on a political issue. This
distinction is referred to in the social movements literatureas
consensus movements versus conflict movements (McCarthy,
Wolfson, Baker,& Mosakowski, 1988) or in the political science
literature as consensus issues versus conflict issues (Hayes,
1981). An example of a conflict issue is abortion:prolife and
prochoice social movementsare clear adversaries,and most often
the issue is seen as a political one. In contrast,child abuse is a
consensus issue, and when it appearedon the scene in the 1970s,
the absence of controversyor adversariesenabled it to be framed
by experts as a social problem in terms of societal consensus
and for legislation to be developed and passed rapidly (Best,
1990; Gusfield, 1996). Opinionpolls conductedin the mid-1970s
showed that only about 1 in 10 Americans considered child
abuse a serious problem, but by the 1990s, 9 of 10 did (Magnuson, 1983; Straus, 1994; Coltrane & Collins, 2001). National
media campaigns,the establishmentof child abuse hotlines, and
frequentmedia attentiontransformedan issue that was virtually
Family Relations

ignored for centuriesinto a majorsocial problem. "Missing children" is another consensus issue that was transformedinto a
nationalproblemon the basis of dramatizedpersonaltragedyand
widespreadmedia coverage (despite relativelylow incidence levels and ambiguous statistics; see Best, 1990). One reason that
the latter issues could be easily framed in terms of public consensus was the mobilizationof the symbol of the child as victim
(Best). Alternatively, the antiabortionmovement has been less
successful (until the relatively recent use of ultrasoundand other
technology to "person-ize" the fetus) at portrayingthe fetus as
a victimized child, and the issue remainslargely cast as feminists
versus antifeminists.
Similarly, 19th- and early 20th-century attempts to frame
the divorce problem as a consensus issue were not successful,
in partbecause the firstwave of the feminist movementwas busy
advocating for women's right to end bad marriages.Currentattempts to frame the divorce problem as a consensus issue have
been somewhat more successful, primarilybecause of cultural
shifts placing a high value on the emotional well-being of children. Casting the child as a victim of divorce, experts such as
Wallersteinet al. (2000) began to suggest thatparents(especially
mothers) ought to follow the lead of earlier generations,whenever it was at all possible, by overlooking problems with their
marriage and staying together "for the sake of the children."
With the help of think tanks with public relations skills such as
the Institutefor AmericanValues (IAV) and its Council on Families, media coverage of such issues became widespreadand persistent. Foundation and private funding has enabled organizations such as these to operate outside the normal constraintsof
scholarly peer review; celebrating the benefits of marriageand
the negative "sleeper effects" of divorce on children,researchers
who affiliate with these types of organizationsoften take their
message directly to the media, and throughthem, to the public.
Counterposed against Wallerstein's portrait of long-term
damaged children of divorce is research conducted by psychologists such as E. Mavis Hetherington(see Hetherington,2003,
this issue; also Hetherington& Kelly, 2002). Hetherington'sresearch, beginning in the early 1970s, involved long-term study
of approximately 1,400 divorced families and included their
2,500 children (Hetherington& Kelly, 2002). Based on these
data, she concluded that although neither pleasant nor painless,
divorce was not the inevitable disaster to children that Wallerstein's researchsuggested. Media reportsof the effects of divorce
sometimesjuxtapose Hetheringtonand Wallersteinas the "rosy"
and "dark" sides of divorce, or the half-full versus the halfempty glass, respectively (see, for instance, Duenwald, 2002).
Hetherington presents data showing that the glass is actually
"three-quartersfull of reasonably happy and competent adults
and children. .. resilient in coping with the challenges of divorce" (Levine, 2002). Nevertheless, the dark side of divorce, represented by Wallerstein'saccounts, tends to take precedence in
media reports.Our exploratoryreview of the Readers' Guide to
Periodical LiteratureIndices from 1980 through2002 (Cannon,
2002; Gauthier,2001; Gauthier & Marra, 1980-1999; Marra,
2000; Readers' Guide to Periodical Literature, 2002), as well
as the National Newspaper Index from 1977 throughDecember
2002, indicates that media references to Wallersteinoutnumber
those to Hetheringtonby approximately14 to 1 for the former
and 6 to 1 for the latter,making Wallersteinsubstantiallymore
visible as a popularexpert on the issue of divorce.
By contrast, the Social Sciences Citation Index (19752002), which catalogs referencesto scholarly and scientificjour2003, Vol. 52, No. 4

nals, lists more references to Hetheringtonthan to Wallerstein,

suggesting that peers are more likely to view Hetheringtonas an
academic expert on divorce. Of the two experts, why is Wallerstein more likely to be cited in the popularpress? Part of the
answer lies in Hetherington'sassertion that divorce and its aftermathare complex processes for both parentsand theirchildren
(Hetherington,2002; Hetherington& Kelly, 2002), an assertion
that, unlike Wallerstein'sfocus on the harm done to children
victimized by divorce, obfuscates the consensus frame of the
divorce problempromotedby family moralists.Thus while conceding Hetherington'sscholarship,family moralists such as Gallagher (2002b, p. 50) reiteratethe child as victim theme, claiming that the "largerquestions raised by... divorce are not, ultimately, scholarlyones. How and when can it be rightfor mothers
and fathers to cause brutalpain to their children?"

Rhetoric of Divorce Claims

Claims made by groups seeking to define, publicize, and
amelioratesocial problemscan be categorizedinto grounds,warrants, and conclusions (Best, 1990; Coltrane& Hickman, 1992;
Toulmin, 1958). Grounds supply the assumptionson which the
problem is grounded(Best), typically including definitions,supposedly representativeexamples (often horrorstories or dramatic
cases), and (usually huge) numeric estimates. For the divorce
problem, grounds statementshave included the recitationof divorce frequencies and rates, large numeric estimates of children
living without fathers and in poverty, and expert testimony and
horrorstories about children'sand adults' emotional devastation
from divorce (Coltrane,2001; Wallersteinet al., 2000).
Warrants"are statementswhich justify drawingconclusions
from the grounds.... It is in the warrantsthat values most often
come into play" (Best, 1987, pp. 108-109). Examples of warrants regarding the divorce problem include the assertion that
children of divorce never recover from its devastating effects;
that selfishness, lack of commitment,and belief in gender equality are the real reasons people divorce; that divorce is the cause
of poverty for single mothers and their children; and that permissive no-fault legal statutes were the cause of the increase in
divorce rates (e.g., Blankenhorn,1995; Doherty, 1997; Fagan &
Rector, 2000; Popenoe, 1996; Waite & Gallagher,2000; Wallerstein et al., 2000; Weitzman, 1985). These grounds and warrants, advanced by academic experts, portray divorce as the
cause of "broken" families.
Using warrants to "bridge the gap between grounds and
conclusions" (Best, 1987, p. 114), claims makers advocate for
particularactions or social policy changes that they assertwould
alleviate the social problem. In rhetoric about the divorce problem, social movement activists claim that feuding parentsshould
stay together for the sake of the children;that revaluingthe idea
of marital service and obligation would reduce divorce and improve family life; that marrying and not divorcing would lift
women and children out of poverty; and that returningto a legal
fault basis would reduce the incidence of divorce (see Coltrane,
2001; Fagan & Rector, 2000). Each of these conclusions has a
political or policy counterpartthat is either being considered or
is already being used in marriagepromotionprograms.
Historicalresearch shows that when a situationcomes to be
seen as a social problem, a particulardiscourse is applied to it,
and policies are channeled in particular directions (Gusfield,
1996). The language appliedto social problemsleads to different
meanings and evaluations;for example, governmentaid to farm367

ers is called "parity," government aid to business through tax

cuts is called "economic incentives," but governmentaid to poor
people is called "welfare" or "help" (Edelman, 1977). Wallerstein and other members of the IAV's Council on Families have
enjoyed success in reframing the divorce problem to be about
the children: "What brings us together is our concern for children. This concern leads us to focus on the state of marriageand
family life in America" (Popenoe, Elshtain, & Blankenhorn,
1996, p. 294). In Marriage in America: A Report to the Nation

(Popenoe et al.), the Council begins by raising the specter of a

"culture of divorce and unwed parenthood"that is threatening
the well-being of children:
America's divorce revolution has failed. The evidence of
failure is overwhelming. The divorce revolution-by which
we mean the steady displacementof a marriageculture by
a cultureof divorce and unwed parenthood-has createdterrible hardshipsfor children. It has generatedpoverty within
families. It has burdenedus with unsupportablesocial costs.
(p. 293)

Success for claims makersin defining a social problemalso

involves figurative "ownership" of the problem. Once a particular problem definition becomes generally accepted, former
claims makersbecome authoritieson the issue, taking control of
policies and programsdesigned to correct it (Best, 1990; Gusfield, 1996). For instance, Wallerstein,one of the initial claims
makerson divorce's effect on children,has since become a noted
authorityon issues relatingto divorce in general.In this capacity,
she has filed amicus curiae (friend of the court) briefs setting
forth her expert opinion on divorce-relatedmatters.For example,
one such brief that she filed, relating to the issue of relocation
after divorce, provided testimony on which the California Supreme Courtdecision In re Marriageof Burgess (1996) appeared
to rely (Warshak,2000).
Once an interestedgroup has been involved in the political
process of defining a social problem, it is easier for them to
mobilize supportfor their framing of potential solutions (Best,
1990). Those in authority(the "experts") are generally able to
create an implicit and taken-for-granted"legitimizing frame"
that governs the problem and "would-be challengers face the
problem of overcoming a definition of the situation that they
themselves may take as part of the natural order" (Gamson,
1985, p. 616). In the case of the promarriagemovement, language drawn from interested so-called experts about the superiority of two-parent families (a legitimizing frame for the divorce problem)was insertedinto the welfare reformact of 1996,
the Personal Responsibility and Work OpportunityReconciliation Act, lending legitimacy to claims about the desirabilityof
marriage and the negative effects of divorce. Similarly, recent
advocatesto Health and Huappointmentof fatherhood/marriage
man Services and the White House Office of Faith Based Programs has helped promote a moral view of the superiorityof
two-parentfamilies.

Ambiguity in Divorce Statistics

Ambiguity in official divorce statistics has encouraged divergent claims about divorce since the 1800s. Numericestimates
and rates have been difficult to track because of inadequatehistorical data and, more recently, because of changing procedures
for collecting and reportingdivorce statistics. As early as 1869,
Woolsey bemoaned the fact that divorce "statistics are meager.
368

...

May we not hope that some member of the new and vig-

orous society of Social Science will take up this subject and

bring to light something more complete" (p. 180). Nonetheless,
in spite of Woolsey's appeal, it was not until 1889 that the first
divorce statistics were published on a national level, only after
extensive lobbying by the National Divorce Reform League (see
Adams, 2003).
In the modern era, the National Centerfor Health Statistics
(NCHS) is the principalFederal agency collecting nationalmarriage and divorce statistics in the United States, but the validity
and reliability of these data have been deterioratingfor several
decades. Although the U.S. governmentcollected marriageand
divorce data throughvarious methods startingin the late 1800s,
it was not until 1957 that formal RegistrationAreas were created
for reportingdetailed marriageand divorce data to NCHS (Federal Register, 1995). Citing incomplete coverage, deteriorationin
data quality, and financial resource constraints,the NCHS discontinued state support and national reportingof marriageand
divorce registrationstatistics in 1996 (FederalRegister). As was
the case a century ago, the lack of comprehensiveand authoritative data from the federal governmenton marriageand divorce
has encouraged advocacy groups to advance their own claims,
often throughthe use of experts, about incidence rates, typifying
examples, and their implications.When official statisticsare ambiguous or unavailable,claims makers can use the media to advance their own version of the problem, placing more emphasis
on dramatic and vivid cases than on careful scientific studies
with randomizedsample selection and multivariateanalyticcontrols. Thus Wallerstein,whose researchis anecdotal,ratherthan
statistical (see Amato, 2003, this issue; Kelly & Emery, 2003,
this issue), is a scholar whose primaryfindings bolster the agenda of claims making groups such as the promarriagemovement,
althoughher stated intent is not to stop divorce altogether(Wallerstein et al., 2000, p. xxxix). As described below, we suggest
that ambiguity in divorce statistics, coupled with the increased
political influence of moral family advocacy groups, sets the
stage for accepting, contraryto her intent, Wallerstein'sproclamations about the potential harmfulimpacts of divorce on children and society as scientific evidence against divorce in its entirety.

Contemporary Movements for Divorce and

Marriage Reform
In the 1990s, a promarriagepublic relations campaign garnered substantial funding and gained national visibility (Coltrane, 2001; Stacey, 1996). Borrowing tactics from recent antismoking efforts, organizations like the Institute for American
Values developed media advertising and political lobbying to
advance the idea that lifelong marriageis unequivocally good
for men, women, and children and that the government should
promote it throughvarious programsand subsidies (see, for instance, Gallagher,2002a). Fromthe beginning,this campaignhas
claimed that a social science consensus exists about the evils of
divorce and has encouraged scholars to become advocates for
reformingcurrentmarriagelaws:
Social scientists and other experts in academia and government-whose views reverberatethroughout the culturehave a particularresponsibilityto let the public know about
the large and compelling body of scientific evidence that

marriage matters.... The academics who are the profesFamily Relations

sional custodians of the family-who train the next generation of social workers, reporters,women's magazine editors, teachers, counselors, psychiatrists,family lawyers, and
even the clergy-have a particularobligation to call their
students' attention to the research pointing to the powerful
importanceof enduring marriage for both adults and children (Waite & Gallagher,2000, p. 188-189; emphasis added).
A prime example of marriage movement evidence is The
Casefor Marriage: WhyMarriedPeople are Happier,Healthier,
and Better Off Financially (Waite & Gallagher,2000). One reviewer likens this book by an academic and a partisanjournalist
to "an infomercialfor marriage... [in which] they hail the 'overwhelming scientific evidence' they've gatheredprovingmarriage
is 'good for you.'. .. Marriage,in their treatise,becomes a kind
of universal wonder product, Prozac without the side effects"
(Russo, 2001, p. 1). Additional "evidence" comes from other
researchersaffiliatedwith the Institutefor AmericanValues who
team up with journalists to focus on the negative effects of divorce, similarlyportrayingthem as clear and unambiguous.Thus
in The UnexpectedLegacy of Divorce (Wallersteinet al., 2000,
p. 297), the academic and journalist authorsclaim, "the effects
of divorce are long-term.We know that the family is in trouble.
We have a consensus that children raised in divorced or remarried families are less well adjusted than those raised in intact
families." Although the authorsclaim consensus with respect to
what is implied to be "universal" harm to children growing up
in divorced and remarriedfamilies, in fact, social scientists are
far from total agreementon the subject(see, for instance,Amato,
2003, this issue; Hetherington,2003, this issue; Hetherington&
Kelly, 2002; Kelly & Emery, 2003, this issue). Nevertheless,the
claim is given legitimacy by media exposure: The Unexpected
Legacy of Divorce (Wallersteinet. al., 2000) has been the focus
of stories in the Los Angeles Times, Newsweek, the New York
Times, and U.S. News and World Report (see Amato), as well
as the cover story of Time Magazine in September,2000 (Kirn,
2000), asking "Should You Stay TogetherFor the Kids?" Similarly, Wallersteinherself was given considerableexposure as the
voice of expertise in the 1997 video airing on the Public Broadcasting System (PBS), Childrenof Divorce, which arguedthat a
consensus exists about "the terribletoll divorce has taken on a
generationof children" (PBS, 1997). This film was producedby
Whidbey Island Films, recipient of $1.3 million in funding from
the conservative Olin, Bradley, and Scaife Foundations(Coltrane, 2001). Although not the only researchershowcased on the
program,Wallersteinwas credited by the moderatorwith being
the foremost expert in the country on the effects of divorce on
children, and her commentarywas given added legitimacy (and
effect) by being interwoven with scenes of despondentchildren
reflectingon the experience of theirparents'divorce. In this way,
media and public exposure, funded by political activists, add to
the credibility of the expert's "evidence," even in the absence
of data considered to be hard science.
Because the well-funded marriagemovement enjoyed widespread access to the media in the late 1990s and early 2000s,
family and welfare debates are now framed aroundthe morality
of individual responsibility, focusing on metaphorsthat blame
women for frivolously wanting to end bad marriagesand characterizing single and divorced mothers as short-sightedand selfserving (Seccombe, 1999). This is in large part because of the
acceptanceof the expert testimony of advocateslike Wallerstein,
2003, Vol. 52, No. 4

Horn, Eberly, Waite, Gallagher,Popenoe, Whitehead, Blankenhorn, Glenn, and others who hold leadershippositions in family
moralist organizations like the National Marriage Project, the
Institutefor American Values, and the National FatherhoodInitiative. (Wallersteinis on the Advisory Boards of the National
MarriageProject and the National FatherhoodInitiative and is a
longtime member of the Institutefor American Values' Council
on Families.) These organizationshave received millions of dollars from foundations that also fund politically conservative
causes and think tanks (e.g., HeritageFoundation,AmericanEnterprise Institute, Hudson Institute; see Coltrane, 2001). The
emergence of these hybridpolitical-religiousorganizationsis not
unprecedented,but the speed with which they have embraced
government "solutions" to moral "problems" and their success
in gaining influence in Washingtonhas been remarkable(Berlet
& Lyons, 2000; Coltrane;Diamond, 1996; Stacey, 1996). The
idea of increasing government activities to promote moral and
religious causes was once anathema to most conservatives
(Kintz, 1997), but political coalitions embracingthis strategyare
credited with an unprecedentednumberof conservative Republican victories since 2000, including gaining the presidency(Coltrane).
These coalitions also provided a political and culturalcontext in which "bad news" messages about divorce gained legitimacy. Primarily because evangelical Christians constitute the
largest religious group in the nation, and because they are increasingly likely to embrace worldly activism, family morality
has gained political legitimacy (Brooks, 2002; Coltrane, 2001;
Masci, 2001). Antidivorce and promarriageproposals in the
United States, such as those of the Institutefor AmericanValues
and the National FatherhoodInitiative, typically focus on promoting respect for fatherhood,treatingmen as naturalleaders of
the family, favoring heterosexual married couples over other
family types, making divorce more difficult, and allowing religious institutions a larger role in defining and regulating marriage (Gallagher,2002a; Horn & Sylvester, 2002). These proposals appeal to many family traditionalistsand religious conservatives. Although apparentlynot explicitly designed to restrict
the rights of women, most feminists see these family moralist
proposals as doing just that (Bounds, 1996; Diamond, 1996;
Kintz, 1997). Thus the politics of gender and religion are implicated in contemporaryproposals for divorce and marriagereform, just as they were a century ago.

Discussion
By tapping into social anxiety about the changing role of
women and the well-being of children, political/religiouscoalitions with generous foundation funding have been able to put
family morality back on the domestic policy agenda. Our historical analysis suggests that proclamationsabout a marriagecrisis are not new and that they reflect longstandingtensions within
American culture that resurfaceperiodically in public and political rhetoric. Claims that divorce inevitably and seriously damages children and hastens the breakdown of American society
are symbolic tools used to defend a specific moral vision for
families and gender roles within them.
The coexistence of the demand for gender equality and the
culturalremnantsof separategender spheresin Americansociety
produces contradictorytendencies that are not easily resolved in
the individualor in the polity. Few people, including family moralists, overtly call for women to retire exclusively to the domes369

tic sphere or for men to be the only family breadwinners.Nevertheless, most moralistshold to the ideal that women's truecalling is to nurturethe family and men's is to provide for and
protect "their" women and children.In recent decades, women's
sphere has been, if not transformed,at least refocused to reflect
the ideology of "intensive mothering" (Hays, 1996). This ideology incorporatesa focus on childrenas victims and is bolstered
by assumptionsabout (a) mothers as primarycaregivers, (b) the
need for childrearingtechniques that are child-centeredand expert-driven,and (c) an image of the child as "innocentand pure"
(Hays, p. 8). Historical supportfor separategender spheres predisposes many Americans to embrace this ideology of intensive
mothering that conflates mothers' and children's interests. Portraying children as innocent victims of divorce links women's
and children's interests and supportsmoral argumentsabout the
sanctity of marriageand women's responsibilityto maintainit.
When the adversarial,victim-driven process of fault-based
divorce was changed to the nonadversarialprocess of no-fault
divorce, separatespheres ideology re-emergedwithin the ideology of intensive mothering. When coupled with the specter of
the child as the victim of divorce, this ideology symbolically
reassertsthe adversarialnatureof the divorce process. In current
debates, however, the adversariesbecome self-indulgentparents
(especially mothers, characterizedas seeking divorce for selfish
reasons), and the child victims of divorce. Symbolically, this
rhetoricalturn,bolsteredby the work of experts like Wallerstein,
provides justification for reasserting family morality based on
assumptionsabout a putative naturalorder (Lakoff, 2002).
Thus, promarriageand antidivorce activists embrace what
Lakoff (2002) calls "strict father morality." According to this
deep-seated metaphoricalunderstandingof the world, the strict
father must have moral strengthif he is to support,protect, and
guide his family, and it is a virtue he must impartto his children
for the good of society and the individual. As such, the world
is divided into the moral and the immoral;moral strengthallows
one to combat evil with self-discipline and self-denial (Lakoff).
When applied to divorce, this reasoningleads to the conclusions
that divorce is evidence of moral failure and that the ultimate
strict father-the state-ought to step in to restore order and
protect the childrenby promotingmarriageand discouragingdivorce. Reinstituting a fault basis in divorce proceedings holds
the promise of reasserting strict-fathermorality and defining
right from wrong based on an assumednaturalorder.We suggest
that this desire to re-establish moral reasoning in social policy
has provided a major impetus for the antidivorcemovement and
promotedthe use (and acceptance)of experts whose claims emphasize the way in which divorce harms children.
Because social problems enjoying a broad consensus are
more likely to be addressed,family moralistshave claimed that
social science researchon divorce is unequivocallynegative and
resounding. In this vein, Wallerstein'slatest work (2000) takes
on an "unrelentinglynegative tone" (Kelly & Emery, 2003, this
issue), drawingconsistently on terms such as "cruel, doom, panic, tragedy,and terrorin describingthe effects of divorce" (Amato, 2003, this issue). Ambiguityin marriageand divorce statistics
has allowed divergent claims to coexist, but those groups with
resources and access to media have been able to repeatedlyadvance their version of the problem. Social scientists like Wallerstein, whose findings fit the goals of the marriagemovement
and whose books and articles provide compelling stories to help
frame divorce as an importantsocial and moral problem, have
been recruited into the movement and become leading experts
370

on the subject. Backed by conservative foundation funding,

movement proponentshave been successful in taking their message directly to the American public, bypassing the normal
checks and balances of the academic review process. Because of
longstanding ambivalence about divorce in American culture,
media outlets have eagerly exploited bad-news stories from researcherswho focus on the pain and anguish of children of divorce even though three of four are indistinguishablefrom children raised in nondivorcedfamilies.
Although family moralists have enjoyed success in garnering public attentionfor divorce and marriagein the past decade,
we predict that they will be less successful in bringing about
policies to enforce their moral vision on others. Family scholars,
practitioners,and policy analysts who understandthe sociology
of knowledge tend to view recent proposals about marriageand
divorce with skepticism. Precisely because the dramaticclaims
of divorce researchershave been exploited by political andmoral
crusaders,we should be cautious about accepting their scientific
validity. In addition,drawingon historicalprecedents,we should
question whetherjournalisticaccountsof the emotional struggles
of selected children of divorce constitute a divorce crisis or a
threatto the institutionof marriage.The vast majorityof Americans continue to believe that marriageis one of the most importantaspects of human life, and 9 in 10 will marry (Coltrane
& Collins, 2001). Americans also accept divorce, and most do
not think that the governmentshould restrictdivorce or subsidize
churchesto promotemarriage(e.g., Pew ResearchCenter,2002).
One could reasonablyconclude that acceptanceof divorce is an
outgrowthof the high expectationsthat Americanshold for marriage. The simultaneousacceptanceof marriageand divorce puts
pressureon individualsto protecttheir own interestsat the same
time that they invest in long-termrelationships(Arendell, 1986,
1995; Hackstaff, 1999; Kurz 1995). Recognizing that most
Americansare deeply committedto marriageand also committed
to protectingtheir self-interest will lead to more effective counseling and family life educationthan relying on polarizingproclamations about the sanctity of marriageor the harmful effects
of divorce.

Conclusion
Drawing on the sociology of knowledge, we have examined
the ways in which the so-called divorce problem and the symbolic use of the child as a victim of divorce are socially constructed to reinforce the interests of certain groups of family
moralists.Understandingthis allows us to see divorce not as the
universalmoralevil depictedby divorce reformers,but as a highly individualized process that engenders different experiences
and reactions among various family members, each with his or
her own self-interests. Recognizing that "just saying no" to divorce (for the sake of the children) is a vastly oversimplified
soundbite grounded in idealization of the traditionalnotion of
feminine self-sacrifice for the family, therapistsand policy analysts should avoid conflating mothers' interests with children's.
Mothers', children's, and fathers' interests are neither identical
nor diametricallyopposed as divorce reformerswould have us
believe. As Wallerstein maintains, children's voices must be
heard; so, too, must be heard the voices of mothers and fathers
who face extremely complex and difficult decisions about their
(and their children's) future as they contemplate divorce. The
complexity and struggleassociated with divorce, capturedby the
Kelly (2003) and Emery and Hetherington(2003) articlesin this
Family Relations

issue of Family Relations, suggest that divorcing parentsare not

the "inattentive, selfish, narcissistic, abandoningparents intent
on self-gratification"portrayed in the accounts of Wallerstein
(Kelly & Emery, 2003, p. 358).
Finally, as members of a society that values individual selffulfillment and self-actualization,we need to keep in mind that
divorce can be a prerequisiteto finding fulfillmentin some later
relationship.We accept divorce for the reason that we view marriage as too valuable a road to happiness to accept being less
than happy in our own marriages.Thus, divorce is likely to be
with us as long as we hold marriagedear.Ratherthan discourage
divorce per se, we, as a society, need to encouragemore humane
divorce that minimizes pain and disturbanceto all involved, particularly the children, even while recognizing the necessity of
divorce in a culture such as our own. In this regard,we suggest
that the efforts of divorce reformers might be better directed
toward providing the sorts of emotional and material supports
thatencourageand maintainhealthy marriages(full employment,
living wages, gender equity, and community support for both
parentsand children), ratherthan attemptingto enforce the idealistic (and unrealistic) notion of staying in unhealthy and unhappy marriages"for the sake of the children."

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