by Standerinfamilycourt

This will be a good news / bad news account of the third consecutive unsuccessful try in Texas to restore fundamental constitutional protections to “Respondents” sued by their own spouses in “family court”.     Re-introduced into the 86th Legislative Session by Rep. Matt Krause, HB 922 would have limited the “no-fault” grounds for divorce to cases of mutual consent and have required cases where the spouses do not mutually agree to the divorce to submit proof of existing fault-based grounds, while HB 926 would extend the waiting period for “no-fault” divorce to 180 days.   Testimony for these bills occurred at a very late evening hour on May 1, 2019 with just 2 business days’ notice of scheduling.    More about that unfortunate circumstance follows below.

The latter bill extending the waiting periods made it out of committee on Thursday, May 2 and still has a remote chance of being scheduled for a floor vote in the House in time to go to the Senate before the 2-year adjournment.   During the 85th legislature, this bill made it out of committee unanimously (versus 5-3 this time), but was killed by adverse lobbying of someone in the Calendars committee.   HB 922 was killed by the Democrat-dominated JJFI committee, and will need to be re-introduced in the 87th session in 2021.    It also passed out of this committee in the 85th session but met the same special-interest lobbying fate before it could come up for a floor vote or proceed to the Senate.

This blog post will be something of a post-mortem:  what went well, and not so well, and will shine some light on some long-festering process issues in the Texas legislature that has, over time, made legislative reform of family laws a bit of an uphill battle structurally.    Family structure activists are not deterred, even though the demographic trend in Texas points to an even more liberal-dominated legislature in 2021 when it next convenes.

Is a Constitutional Amendment Needed to Allow the Texas Legislature to Convene Annually?
According to the National Conference of State Legislatures (NCSL),  46 state legislatures meet annually today.  The remaining four states—Montana, Nevada, North Dakota and Texas—hold session every other year, each in the odd year.   Illinois convenes annually but holds approved, pending bills open for two years, rather than require them to be reintroduced each session, which seems to be a cost efficiency to the taxpayers, not to mention, a bit of a safeguard against the effects of voter fraud and rapid demographic change (such as via unchecked illegal immigration) in elections, and possibly curbs the sort of Calendar Committee chicanery the Texas House is bloody infamous for.  In each span between legislative sessions, committee membership changes along with the makeup of the House, with a definite recent “bluing” trend in this (once) deep-red state, as people move into Texas from economically-failing liberal states losing several large employers each year.

The frequency of legislative sessions is set by the Texas Constitution, which reads as follows:

Sec. 5.  MEETINGS; ORDER OF BUSINESS.  (a) The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor.

Hence, any change would require passage of a measure to put a statewide referendum on the ballot to change Article 3, Section 5.   This actually brings up one key example of the effect of biennial legislative sessions in Texas:  we are coming up next month on 4 years elapsing since the capricious Obergefell decision legislated a “right” to gay “marriage” from the Federal bench, and nullified all of the DOMA (defense of marriage) amendments passed by citizen referenda  a decade or so before, in numerous states.   Although a bill, HJR 64 was debated to put the DOMA repeal measure the ballot in the fall, astonishingly it still sits in committee, with only three weeks remaining in the session.   It appears that both the Texas marriage statute and the Texas constitution will continue to officially define marriage as being only between one man and one woman well into 2021, the 6th anniversary of Obergefell, since the constitution must be amended before the statute can be changed.

As the moral fabric of society has continued to fray, at least in part due to the societal destructiveness of divorce-on-demand, so has the legislation load perceived by citizens and their state leaders as necessary to manage all of the ever-worsening symptoms from this disease, now in its 3rd and 4th generations since enactment (boomers, gen-X, millennials, nextgen).    The NCSL article cited earlier makes this interesting observation:

“In the early 1960s, only 19 state legislatures met annually.  The remaining 31 held biennial regular sessions.  All but three (Kentucky, Mississippi and Virginia) held their biennial session in the odd-numbered year.  By the mid-1970s, the number of states meeting annually grew tremendously—up from 19 to 41.”

Gun rights activist Rachel Malone provided  her Facebook followers this statistical breakdown of Texas bill activity as of May 1 or so:

722 bills passed by the House (693 are HB’s)
640 bills passed by the Senate (632 are SB’s)
37 bills passed by BOTH chambers (but some still in process / conference)
16 bills sent to Governor

The power of life and death is literally in the hands of the Committee Chairman’s scheduling choices
Attorney Harold Dutton has been the Chair of the Juvenile Justice and Family Issues committee for the past several legislative sessions.   He is a man with a very checkered family life of his own, and has apparently treated this standing appointment as a personal fiefdom, according to a 2007 article in the Houston Chronicle.  The Chair of each House committee controls the hearing calendar for that committee, a fact which is absolutely key to the difference in what occurred this year with HB’s 922 and 926.

Not that Rep. Dutton had all that much to fear in terms of a repeat of the 4-3 party line committee approval that occurred in 2017 for HB 93, the predecessor bill to HB 922, since the Democrat majority on that committee was now 5-4, with 100% turnover in the rank-and-file members.    But just to be on the safe side, a bill filed in January was not scheduled for a hearing until May 1.    Two business days’ notice of the scheduling was given after business hours on the Friday before.    The hearing was scheduled on a day when there was a very heavy agenda on the House floor, typical for this point in the year when the session’s calendar days are dwindling, so the hearing scheduled for 10:30 a.m. didn’t actually start until after 7 p.m.   That was tough enough, but these bills were heard alongside a litany of bills whose numbers indicated they were filed substantially later on, including an albatross of a bill opposed by an army of LGBT activists: HB2109 which sought conscience-based protections from liability for wedding officiants to recuse themselves from certain weddings.    This testimony was, of course, prioritized to lead off (and, cynically, it set the political tone for) the entire evening.   

SIFC expects that Chairman D was giving himself high-5’s for preventing the parade of constitutional law attorneys who testified in 2017 before his committee that Texas’ divorce law is profoundly unconstitutional, and replacing that with a literal Gay Pride parade twice as large.    Despite the bills being introduced for the 3rd time by a practicing constitutional attorney, and despite ever-faithful veteran constitutional attorney Shelby Sharpe reprising an abbreviated portion of his 2017 testimony (given only 2 minutes this time instead of 3 minutes), and despite another family law attorney echoing the unconstitutionality with handouts to the committee,  what wound up resounding from the testimony was the technically-true but woefully-incomplete declaration of Texas Family Law Foundation head lobbyist Stephen Bresnan that “no court in the United States has ever found  no-fault divorce to be unconstitutional.”

The final injury came in the departure from the room of most of the GOP members shortly after the gay rights debate, which ended around 8:30 p.m.   After powerful reprise testimonies by Kristi Davis and Jeff Morgan and a few other excellent witnesses, none of them got any questions from the committee members, mostly because there were few or no Republican committee members present any longer to give them a hand.   Ditto for when Texas Values Sr. Policy Analyst Nicole Hudgens was peppered by feminist committee members with repetitive ideological “questions” she couldn’t quite handle to everyone’s satisfaction (partly due to coming off as being a bit unprepared).     Last time, executive director Jonathan Saenz testified in favor of the predecessor bill.    Whereas the victim witnesses got no questions, Ms. Hudgens’ 2-minute debut testimony evoked 6 contentious minutes of questions from the remaining committee members.

Another pivotally-damaging moment in the testimony questioning….

Rep. Callani to Ms. Hudgens:   “Why do people get divorced?” (@1:57)

Texas Values’  Nicole Hudgens:  “There are a number of reasons you can get divorced, but you have ‘insupportability’ which is no-fault divorce but this is not talking about…in the case of abuse or in the case of neglect..others, this is simply talking about ‘no-fault’ divorce…”

Rep. Callani:  “Right, but what do you think the reason for that is?”

Hudgens: (pause) “It can be a number of reasons.”

Callani:   “Just one of them”….(after longer Hudgens pause)…”Like a reason that people would get divorced…other than abuse?”

Hudgens: “Other than abuse?”  [Way to affirm Callani’s pet ideology there, Ms. Hudgens!]

Callani:  “So in your work for the Texas Family Law Foundation….”

Hudgens:  “That’s Texas Values”

Callani:  “OK, Family Texas Values…and you’re against divorces…so when…what types of divorces have you seen being…that were insupportable…what was their reason for wanting to get divorced?”

( SIFC:   Noooo, Nicole, please don’t assent to her rhetoric again!!   Proper response:  “there can’t be any ‘insupportable’ marriages in the legal sense because the term has not even been objectively defined in the statute.”   Legislator lecture coming in….4, 3, 2, 1… )

Hudgens: “There could be a number of reasons.  We’re for government promoting a policy that keeps families intact as much as possible, so…it could be a number of reasons…right now you can just get divorced for pretty much any reason.”

Callani: “All I want you to do is just give me one reason why people would get divorced.”

Hudgens:  “A lot of people would say ‘it’s complicated’…”

( SIFC: Callani could easily have gone in for the kill right here, but she was having herself a ball playing like a cat with her helpless prey….)

Callani:  “But what do you think is complicated about it?”

Hudgens:  “One person says they don’t want to be in the relationship anymore….”

Callani:  “So if that’s reason, if this bill were to pass, it defeats the whole purpose.”   (She didn’t say of what, but it’s clear that she believes in the “force people to stay married” dogma.)

( SIFC:  While every question couldn’t have been anticipated, less than two minutes invested in a Google search would have produced this fairly accurate study information, courtesy of AARP, which places “abuse” far down the list, and would have put up a far better fight against Callani’s media-driven assumptions…the fact is that the vast bulk of divorce is driven by adultery, and in a lot of cases, deliberate spouse-poaching in older, more affluent couples with older kids, and often grandkids….creating massive retirement problems, and rewarding the offenders while severely penalizing the non-offenders.   If this kind of informed content had filled those 6 minutes, they would at least have had something substantial to chew on, and it would have raised the opportunity to educate the committee on at least two important points that almost never get talked about!)

(Please click to enlarge)

Perhaps the most harmful moment that carried the evening, as a result of the GOP lawmakers all leaving the room, is the patently false statement by TFLF lobbyist Bresnan which went shamefully unchallenged because nobody remained present who was both entitled and motivated to debunk it at that point:

Bresnan: “And the third thing I’d like you to consider is leverage.  If I’m in a relationship with someone and they can’t leave without my permission,
I have extraordinary leverage over them.  I want the kids, I want the car, I want the house, I want the business.   I want everything.   If you want out bad enough, that’s what you’ll give me.  Right now, people are on an equal basis and they can dissolve their marriage, and in no way should you allow the law to..uh..change the leverage in a relationship.”

But suppose GOP Rep. Faithful had been in the room, wide awake and on the ball — despite it being 9 p.m. by then (since the liberals somehow managed not to take a dinner break, no doubt because of the wherewithal for campaign contributions that were on the line here)….

Rep. Faithful:  “that’s certainly an interesting point of view, Mr. Bresnan.  Let’s probe that a bit further, if you don’t mind.   Do you think it’s really necessary, in the best interest of the family as a whole, for the idea of “leverage” to be a zero-sum game, where the petitioner has 100% of the leverage and the respondent has zero percent?   How do you see this as being an ‘equal basis?’  The AARP has rightfully been growing concerned because the most recent studies show that due to the effect of no-fault divorce laws on younger adults opting not to marry at all, the only growing category of no-fault divorce is what is commonly called “gray divorce”, often where a couple has been successfully married for decades.  Often these divorces leave an innocent spouse, who wanted to save their marriage, with half or less of their retirement savings, 401K’s, IRA’s and pensions.  So, AARP published a 2004 study report showing that the chief driver for these gray divorces is adultery and / or the selfish desire to marry someone else, and the divorce petition filer is typically the adulterer.   Let me ask you:  should the adulterer have 100% the leverage over an innocent spouse who has done nothing substantial to harm the marriage?   Should they get the house, the business, the kids?   Could you tell us how that is good for society, Mr. Bresnan?

Of course, back in December, following the disastrous 2018 mid-term election results which reflected the changing demographics in Texas, Rep. Krause tried to warn us (privately) that there “would be little appetite for” family law reform in the 86th session.    He was a little reluctant to re-introduce the bills, but thankfully was persuaded (late).    The video feeds showed him  looking a bit disengaged, overtaxed and disinterested throughout the May 1 committee proceedings, and he apparently did little to encourage his conservative peers to stay in the room when their pushback against commercial / special interest testimony was absolutely crucial.  

Taking the picture as a whole, SIFC believes it was still right to keep re-introducing the bills despite the formidable obstacles to enactment rehearsed above.    William Wilberforce did this before Parliament for more than 20 years, across the entire spectrum of political circumstances, in order to engage the uphill battle to abolish the slave trade.  The activist community can do a much better job of supporting Rep. Krause’s political courage by taking all of the following steps:

(1) praying for Dutton’s defeat in 2020.  He’s been over the JJFI committee for far too long, and was morally ill-qualified for that pivotal Chair to begin with

(2)  making a lot of off-session visits to allies for educational purposes, especially Texas Values, but also sympathetic family law attorneys like Cecilia Wood (who seems as well-informed as anyone).    Ideally, we’d be visiting those same committee members with educational materials, but historically each session typically sees new faces under Dutton on that committee, so perhaps the only solution is to see all incumbent Reps in the off-session season, and from Nov. – Jan. 2020 visit the newly-elected (who are likely to wind up on the committee).   This means Jeff Morgan, who has purposed to focus on enlisting the support of the state’s churches in the off-season, will need a lot more hands.

(3) re-courting the constitutional attorneys who testified in 2017

(4) entreating Rep. Krause to file his bills on Day 1 of filing rather than in January, so that testimony in both chambers can occur by March

(5) prioritize the courting of Senate concurrent sponsorship

(6) recruiting the testimony of once-divorced couples who remarried each other (#somuch4irreconcilabledifferences)

(7) solidify ties now with the Constitution Party of Texas who might be able to help Jeff Morgan with some of the ground work over the next two years

(8) write Rep. Krause a heartfelt thank-you now, hoping for his re-election, and advising him how we will be doing our part to better support his efforts next session

For just one example of potentially effective connections, HB 2109, the wedding officiant recusal bill, which had six co-sponsors (Reps. Flynn, Bonnen, Dean, Schaefer, Springer and White) has already died on the vine this session, which really need not become a tragedy that leads to a similarly ill-considered Alabama-style reaction.  Would these gentlemen not be great candidates for some timely education on why the successful repeal of unilateral forced divorce would make their issue go away altogether — by quickly killing the demand for gay “marriage”?    This is before even mentioning the budgetary heroes and rock stars they would become over the next few years!   According to a 2008 study, unchecked unilateral divorce was costing Texas taxpayers almost $3 billion each and every year.   This might be a great conversation to have with these gentlemen even before this session adjourns at the end of the month, if their attention can be had during crunch-time.

The debate on HB 2109 was (in reality) about compelled moral approval for sodomy-as-marriage, and by extension, the morality of sodomy in general.   May 1, 2019 needn’t have become Gay Day in Austin, and it needn’t have been a Democratic committee member pointing out how this bill reflected a “fire, ready, aim” mentality
(Flynn testimony: “I thunk it up mahself”) behind it.   Passage of HB 922 (accompanied by the future repeal of Sec. 6.006 – forced divorce with a 3-year delay in redundancy of Sec. 6.005) would have made that whole debate moot and unnecessary.   Hence, there seems little reason why all six should not have been co-sponsors on Rep. Krause’s bills during the 86th session, and why they shouldn’t be courted by our team to become co-sponsors during the 87th session.

“standerinfamilycourt” is retired from corporate life, and lives several states away, but would have loved to spend part of 2018-19  in Texas for the reasons mentioned above.   Steps are being taken to find a way to monetize Unilateral Divorce is Unconstitutional so that the finances to do so, and to start working other states, become available in 2019-2020.    Prayers are appreciated for success and God’s direction in this fundraising vision.    We have a formidable adversary, but a mightier Lord, so it all boils down to: who’s hungrier to win?

Therefore, do not throw away your confidence, which has a great reward.  For you have need of endurance, so that when you have done the will of God, you may receive what was promised.
– Hebrews 10:35

www.standerinfamilycourt.com

7 Times Around the Jericho Wall |  Let’s Repeal “No-Fault” Divorce!