Naomi Cahn

 

Recent Posts by Naomi Cahn

  • The Conservative War on Single Mothers Like Jessica Schairer

    Jul 19, 2012June CarboneNaomi Cahn

    Conservatives want to have their cake and eat it too: decry the rise in nonmarital births but make life even harder for women facing single motherhood.

    Conservatives want to have their cake and eat it too: decry the rise in nonmarital births but make life even harder for women facing single motherhood.

    Ever wonder what the “war on women” is really about? An article in the New York Times, “Two Classes, Divided by ‘I Do’: For Richer Marriage, for Poorer, Single Motherhood,” provides some clues. The article documents the growing class divide in family form. College graduates like Chris and Kevin Faulkner, who were profiled in the article, postpone starting families, produce marriages with lower divorce rates than a generation ago, and reap the rewards in terms of greater time and resources to invest in children. In the meantime, women like Jessica Schairer who do not graduate from college, also profiled in the article, are increasingly raising children on their own. These women often give up on the men in their lives and struggle to balance the demands of low-paying jobs with the attention their children need.

    The article presents a compelling portrait of the causes and the effects, but not of the partisan divide over the potential solutions. That divide can be summed up by a struggle over a simple question: are women like the single mother, Jessica Schairer, the victims of our economy or the problem? Those who see them as the problem are setting forth proposals to make their lives (and their children’s lives) worse. Those of us who see Jessica Schairer as a victim of increasing economic inequality recognize that supporting her ability to care for her children is critical to the strength of the country’s next generation. The political war for the future of Jessica Schairer is under way.

    The change in family structure is a consequence of growing economic inequality that further increases inequality in the next generation of children. The most startling change is the increase in non-marital births. In 1990, just 10 percent of white women with some college education had a birth outside of marriage; today the figure is 30 percent, compared to 8 percent of whites with a college degree and 40 percent for the country as a whole. Meanwhile, 86 percent of black high school dropouts have children outside of marriage. The likelihood that a child will be raised in a two-parent family has become a marker of class.

    The Times article documents the consequences of this change, as it describes the limited ability of single parents to pay for sports participation, attend school events, stay on top of homework, and provide adequate role models. Harvard’s Robert Putnam adds that the growing class gap in childrearing affects everything from the time parents spend playing patty-cake with their pre-schoolers to the likelihood that a high school senior will be the captain of a sports team.

    In considering the causes of class divergence, the Times articles documents a negative spiral. It observes that economic woes speed marital decline “as women see fewer marriageable men.” Women do not commit to men without steady employment, and a shortage of “good men” encourages the employed to play the field. A long list of academic studies demonstrates that when marriageable women outnumber the men, everyone’s norms change and marriage rates decline. For single mom Jessica Schairer, as for many other women today, there was no point to marrying the father of her three children. Instead, for her the issue is “why she stayed so long with a man who she said earned so little, berated her often and did no parenting.” On the other hand, marriage also encourages men to shape up. Kevin Faulkner, the married father in the story, explained that he returned to college because he wanted to get married. Other studies show that not only has the premium for college graduates increased over the last generation, but the job stability of less educated men has fallen more than for other parts of the population and male layoffs often break up relationships and discourage marriage.

    While the documentation of these differences is now well established, the solutions are not. Yet there are two obvious ones, rarely discussed in explicit terms. The first recreates the links between stable jobs and stable families. This requires greater economic equality, more opportunities for blue-collar men, more family-friendly workplaces, greater support for higher education and job training, and better access to contraception and other supports for delaying family formation. A growing literature suggests that greater equality itself creates virtuous cycles that deter teen births and encourage longer lasting family relationships.

    The alternative? Bring back patriarchy. Conservatives like Charles Murray blame changing values, charging that the men have gotten lazy because women no longer depend on them or fail to sleep with them until they shape up. The secret to bringing back female dependence and male virtue? Make the women desperate. Murray has made a career of blaming government programs such as welfare for the destruction of the American family because such programs cushion the impact of single parenthood. For conservatives who see single mothers like Jessica Schairer as the problem and who refuse to see inequality itself as the explanation, the result is a war on women.

    Virtually every conservative Republican, from Paul Ryan’s budget to Mitt Romney’s platform, would cut the benefits on which single mothers like Jessica Schairer currently depend. Indeed, shortly after Romney’s NAACP speech, he commented, “Remind them of this: If they want more free stuff from government, tell them to go vote for the other guy.” What could Romney have meant by “free stuff?”

    First, start with food stamps. They are an important part of Jessica Schairer’s ability to feed three children on an income of $25,000 a year. Romney’s proposals would either force 13 million people off of food stamps entirely or cut benefits by $2000 per year per family.

    Second, Romney’s budget would produce massive cuts in Medicaid programs that serve as the most important source of health care for working mothers without adequate benefits. 

    Third, Romney’s tax proposals would raise Jessica Schairer’s taxes while providing for massive cuts for those with high incomes. 

    Whether or not Romney specifically intends to make the lives of single mothers more perilous, his policies would do exactly that.

    Social conservatives, in the meantime, have taken aim at the reproductive rights that make it possible for women to avoid inopportune births. The class divide in access to contraception and abortion is wide and growing. The Guttmacher Institute reports that between 1994 and 2006, the unintended pregnancy rate grew by 50 percent for women below the poverty line. During the same period, it fell by 29 percent for higher income women. Yet those who share Charles Murray’s sentiments about single mothers have done their best to make it worse.

    For many of us, this is the most perplexing part of the war on Jessica Schairer, and it rests on conservatives’ analysis that the key to reforming the family is to deny men sex rather than prevent births. Indeed, Republican candidate Rick Santorum linked the increase in non-marital births to the “dangers of contraception,” which he categorized as "a license to do things in a sexual realm that is counter to how things are supposed to be."

    We noted in Red Families v. Blue Families that most conservatives do not oppose contraception per se, but they remain resolutely against the implied approval of non-marital sex that would accompany explicit support and the government subsidies necessary to make access more universal. In the name of religious liberty, they accordingly raised a furor over President Obama’s recent proposal to mandate employer coverage of contraception as preventive health care. With less publicity, they blocked inclusion of proposals to increase contraceptive access in the stimulus bill. And they defeated efforts to include contraception in any form as part of the health care package. Yet poor women’s lack of health care coverage is a major factor in the unplanned pregnancy rate.

    If contraceptive access is controversial, abortion is off the table. Ms. Schairer considered one in response to the unplanned pregnancy that derailed her college education, but the father of her children opposed it. The Guttmacher Institute notes that the women most likely to end an unintended pregnancy by abortion are those who, like Ms. Schairer, are in college at the time of the pregnancy. Had Ms. Schairer not given birth when she did, she would have been much more likely to graduate, to avoid a non-marital birth, and to be able to secure a better job. But at the same time conservatives work to make life more difficult for mothers like Jessica Schairer, they argue that having the child is the only acceptable moral option.

    For a generation now, Murray, the editorial pages of the Wall Street Journal, and many other conservatives have denied that inequality has anything to do with the changing family. Romney has joined the chorus, dismissing any discussion of inequality as “envy” and “class warfare.” It is time to recognize the truth. The policies they have championed are responsible for the class-based division in family form. The war on Jessica Schairer is claiming an increasing number of victims. 

    June Carbone is the Edward A. Smith/Missouri Chair of Law, the Constitution and Society at the University of Missouri-Kansas City.

    Naomi Cahn is the John Theodore Fey Research Professor of Law at George Washington University Law School. She is the author of numerous books and law review articles on gender and family law.

    Cahn and Carbone are the co-authors of Red Families v. Blue Families.

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  • The Marrying Kind: How Class Shapes Our Search for a Soul Mate

    Feb 14, 2012June CarboneNaomi Cahn

    family-150While women on the low end of the economic ladder give up on marriage, the middle class seek partners that have both compatible values and compatible job prospects.

    family-150While women on the low end of the economic ladder give up on marriage, the middle class seek partners that have both compatible values and compatible job prospects.

    As we celebrate Valentine's Day, we should be aware that underlying the many stories on the changing nature of marriage and relationships is a central irony: the college-educated middle class that embraced the sexual revolution is now leading the way back into marriage. And this group has more stable families because of the combination of two qualities hard for everyone else to find. The first is a flexible approach to family roles. Men who help with the children and women with six-figure incomes are very much in demand. The second is good jobs: over the last 30 years, the number of men with stable employment has stayed even with women only at the top. The result is remaking the definition of domestic success.

    Sociologists call the new marriage patterns "soul mate" marriage. They observe that Americans used to marry at younger ages (in 1960, the averages were 22 for men and 20 for women) and the young couples fully entered adulthood only after they married. The secrets to making those marriages work were well-defined gender roles and lots of coercion. The couple was likely to have one child immediately and a second not too long afterwards. With two young children, even a desperately unhappy wife would have difficulty leaving a man who brought home a regular paycheck, and he was likely to be readily employed in a job with benefits, promotions, and raises. The two would be embedded in a network of friends, families, and co-workers that revolved around marriage and stigmatized divorce.

    Today, a much higher percentage of the population is single and almost 40 percent of Americans believe that marriage is outdated. Yet the vast majority will marry eventually. Before they do, however, they will spend their twenties unmarried, often on their own, experimenting with different relationships and engaged in what may be a decade-long search for the right partner. This generation will grow up before they get married and in the process they will reach more informed and (hopefully) mature decisions on what kind of partner allows them to realize the family life they wish to create. These patterns are more individualistic than the old institutional model, but while they do vary more than the breadwinner/homemaker model of the fifties, it is a mistake to think that they are based only on dewy-eyed romance.

    Instead, today's marital partners select for a mate with shared values -- and they are likely to be drawn to partners who can truly share their lives and their successes. The college educated, for example, marry and bear children later than the less educated, while those with less education have become increasingly likely to bear children first. The non-marital birth rate has stayed at two percent for white college graduates over the last 25 years and risen only slightly for college-educated racial minorities. During the same period, the non-marital birth rate has reached 40 percent for the country as a whole. College graduates enter into any kind of family life significantly later than their less-educated peers and have become even more likely to marry only each other.

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    When they do marry, today's romantic partners seek those who share compatible values and complementary employment. The new elite devotes more parental time to their children than their parents did and the ability to do so requires either one high-earning partner or two wage earners with compatible schedules. In commenting on Obama's plans to increase taxes on those with income above $250,000, a University of Chicago law professor complained that it took he and his wife that much income to raise a family in Chicago in accordance with a professional standard of living. What he emphasized less is that it also took a spouse with a six-figure income to afford the nannies, private schools, and college and graduate education that would allow their children to realize opportunities comparable to their own.

    Marriage on these terms cannot work, however, for couples who do not trust their partners or who feel that their partners contribute so little that they threaten the resources necessary to provide for children. For the approximately two-thirds of the population that does not have a college degree, an increasing number of men don't have the steady, adequate-paying jobs that allow them to provide the foundation for a successful family life. Nor are working class men who feel like failures in the job market prepared to play roles backing up their wives and children. College-educated artists or faculty spouses may be willing to dote on their children while their wives take on the "breadwinning" role, but less secure men are more likely to chafe at the domestic tasks. Financially independent women who both earn the bulk of the family income and assume the majority of the domestic tasks don't want -- or need -- men who are unable to support their families, emotionally or financially. While divorce rates plummeted in the '90s for college graduates, they continued to rise among the hard-pressed working class.

    The secret underlying these patterns has been the growing divergence in male job opportunities and a change in the gendered wage gap. In 1990, all women, irrespective of education, made about the same percentage of the median hourly wage of the men, with college graduate women making a slightly higher percentage of the male wage than those who did not graduate from college. Today, those figures have changed appreciably. College graduate women are now paid a smaller percentage of the median hourly wage the men earn, while all other women are earning a higher percentage of male income. During the same period, male employment stability, which remained largely unchanged for college graduate men, and improved for most women, became notably worse for working class men.

    What these figures mean is that for women who graduate college, there are still lots of choices. Even though women are graduating from college in larger numbers than men, there is still a substantial number of men at the top of the income ladder. Moreover, as the wages of college graduates have stagnated over the last decade, they have done so even more for women than for men. Today's college graduates recognize that they need each other to realize the good life and they are very careful in the search for the right partner.

    Women at the losing end of the economic spectrum, however, are increasingly giving up on men and marriage. Men with stable jobs are harder to find and recently laid off or semi-employed men help out less around the house than those who work full time. The mismatch between men and women has had a bigger impact on marriage than the change in values that inspired the sex revolution. It is time to recognize that the best Valentine's Day present out there is a more promising future.

    June Carbone is the Edward A. Smith/Missouri Chair of Law, the Constitution and Society at the University of Missouri-Kansas City.

    Naomi Cahn is the John Theodore Fey Research Professor of Law at George Washington University Law School. She is the author of numerous books and law review articles on gender and family law.

    Cahn and Carbone are the co-authors of Red Families v. Blue Families.

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  • Family Values? Conservative Economics Have Shredded Marriage Rates

    Aug 9, 2011June CarboneNaomi Cahn

    male-female-150Falling marriage rates aren't a question of morality, but an issue of class.

    male-female-150Falling marriage rates aren't a question of morality, but an issue of class.

    A recent article in The Economist on the "sorry state of marriage in the United States" quoted Census data that show that, for the first time, married couples now make up less than half of all households. The article concludes:

    Do not expect the Democratic Party, however, to make an issue of the marriage gap in next year's elections. Unmarried women voted overwhelmingly for Barack Obama. "You don't want to suggest to someone who isn't married and has children that they should be married," says [Isabel] Sawhill. "That is a denigration of their lifestyle."

    Ms. Sawhill is right that Democrats will not denigrate those on the losing end of the economic changes remaking America. And Democrats shouldn't suggest that single mothers get married for the sake of having a ring on their fingers. Marriage doesn't solve the underlying problems.

    Because the "sorry state of marriage" in the United States isn't the declining number of married couple households. Instead, the sad truth is that just like access to health care, stable employment, and higher education, access to marriage has become a class-based affair. The Economist correctly observes that marriage and the two-parent family has become a marker of income level. According to the National Marriage Project, a half century ago, marriage rates did not vary much by education, and college educated women were less likely to marry than those without college degrees. Today, the likelihood of marrying, staying married, and raising children within marriage correlates strongly with education. Indeed, for white college graduates the non-marital birth rate has stayed at 2%; for African American high school dropouts, it's 96%. In between is a steeply slanted line that links family form to education, income, and race.

    The Republican Party has effectively exploited working class fears about family disintegration to peddle the message that these changes reflect elite disdain for traditional values. In their view, the primary way to encourage marriage is to criminalize abortion, discourage contraception, and bring back pregnancy as the punishment for sex (with the scarlet letter soon to follow). In response to the Obama administration's plans to eliminate the co-pay for contraception, Dana Perino of Fox News responded that she didn't see why women spending money on $5 frappuccinos couldn't spend $5 for a contraception co-pay -- with no clue that there might be women who can't afford $5 for coffee. The Republican plan is apparently to distribute Bibles and promote the Christian radio that blankets the airwaves with stories of screwed up men who regain their ability to make a go of family life only after Jesus saves them.

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    What the National Marriage Project indicates, however, is that those who show up at church on Sundays are the ones who are doing well economically and maritally. While church attendance has fallen overall since the 70s, it has fallen most dramatically for those at the losing end of the economic spectrum -- and those far less likely to marry. Today, men without college degrees earn less in real dollar terms than they did before Reagan was elected president. Thus marriage becomes an unaffordable luxury for many women because they would have to manage a husband's life as well has their own and that of their children. Even for men who have regular employment, employment stability has taken a hit. A half century ago, well educated and minimally educated men worked about the same number of hours a week with about the same level of job turnover. Today, employment stability and average hours correlate strongly with educational achievement. Working class men (think of construction workers) have much higher rates of unemployment and employment instability and recent studies show that employment instability is a major factor in divorce rates. Unemployed men help out less at home than employed men, and are far more likely to abuse alcohol, play video games in their spare time, or beat their wives. It's hardly surprising that working class women conclude that marriage is a luxury they cannot afford.

    A big part of the solution for the problems of the family is jobs -- more and better jobs. We also need to rebuild a safety net that encourages family stability. Studies indicate that the greater the male income inequality in a region, the lower the female marriage rates. We have created a society that writes off a high percentage of men through chronic unemployment and high rates of imprisonment for minor offenses. In The Spirit Level: Why Greater Equality Makes Societies Stronger, authors Wilkinson and Pickett show that the higher the inequality in a society, the higher the rates of mental illness and substance abuse, particularly among males.

    The creation of greater inequality, the shredding of the social safety net, and the increasing cost of higher education have much more do with the changing structure of the family than Hollywood mores or internet porn. It is time that the Democrats discovered family values as an issue -- and link those values to a campaign to rebuild community in America. Republicans, the people who successfully blocked taxing people to pay their fair share and spending what it takes to build an effective society, should be forced to look themselves in the mirror when it comes to the destruction of family stability. Marriage rates by themselves have a variety of meanings, but class-based increases in family instability have one overriding consequence: the creation of a less just society with diminished prospects for a large percentage of our children. What we really need to do is increase our investments in children, employment stability, and healthy communities and stop pretending that family structure is simply a matter of morals or will.

    June Carbone is the Edward A. Smith/Missouri Chair of Law, the Constitution and Society at the University of Missouri-Kansas City.

    Naomi Cahn is the John Theodore Fey Research Professor of Law at George Washington University Law School. She is the author of numerous books and law review articles on gender and family law.

    Cahn and Carbone are the co-authors of Red Families v. Blue Families.

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  • The Changing Class Divisions that Tear at Low Income Families

    Jun 17, 2011June CarboneNaomi Cahn

    family-150There is a new, successful family model that combines marriage and work -- but only for the middle class.

    family-150There is a new, successful family model that combines marriage and work -- but only for the middle class.

    A new study of newlyweds found that increases in workloads were associated with increases in marital satisfaction for both men and women.  The researchers expected this to change when the newlyweds became parents, and indeed it did -- for men. For women who became parents, however, increases in the amount of time and energy they devoted to work were associated with increases in their marital satisfaction. The authors speculated that, once they become parents, husbands and wives might respond differently to changes in each other's workloads; fathers might spend more time on childcare when their wives face high demands at work.

    This is important information for those of us trying to balance work and family. On the other hand, increasing numbers of people in the United States are neither married nor employed. Family structure has become a marker of class, and studies can cloak profound differences among different types of families. Unpacking this research requires reconsideration of the relationship between work, marriage, and class. First, limiting the examination to married mothers skews the study from the outset. The most elite women, as measured by education, have become the most likely to marry, a reversal of historical trends.

    Second, the most elite women have become the most likely to work. According to 2007 Census Bureau data, only about 26 percent of mothers with a college degree stay home with their children, while more than 40 percent of mothers lacking high school diplomas are full-time homemakers. College educated women are more successful in combining work and family than other groups in part because they tend to have the resources to pay for child care and other help, and because they are more likely to have flexible positions with more generous family leave policies.

    Third, the best educated women have also become more likely to have partners who help with the children. Unsurprisingly, married fathers contribute more to child care than unmarried fathers, but even among the married, fathers who are college graduates contribute more than those without college degrees. Indeed, since the start of the Great Recession, the only group of women whose fertility rates have increased are those with graduate degrees, but only if the men in their lives assist.

    For the college educated middle class, therefore, this study gets it right. It confirms the results of Penn State sociologist Paul Amato's in-depth comparison of the changes in family life between 1980 and 2000. Amato shows that over the last twenty years it is well educated, two-career families that have experienced the greatest gains in family stability. For two-career couples, women's workforce participation brings greater income and marital quality, along with greater pressure on men to help with the children.

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    Amato found, however, that the same did not hold true for working class wives. The marital quality of  couples in financial distress dropped significantly during the same twenty year period. This was in large part because women in less satisfying jobs who preferred to be home with the children have increasingly found that they have to work because their husbands cannot support them. More recent studies confirm that unemployed men, in contrast with both unemployed women and men with stable jobs, are less likely to help with either the children or the house, increasing their partners' unhappiness.

    The new study, by focusing on newlyweds, largely misses these effects. There is a new, successful family model that combines marriage, childbearing and workforce participation. It incorporates a more egalitarian division of work and family roles. It produces higher rates of income and marital satisfaction. It also, however, requires investment in men and women's education -- and it is increasingly beyond the reach of large portions of the public.

    This study fails to show the class based increases in employment instability -- instability that in the long run discourages marriage and contributes to family instability. The fact that the middle class is successfully combining work and family roles says little about those for whom both work and marriage are becoming increasingly difficult to obtain. While the Great Recession has at least temporarily decreased divorce rates, it has also lowered marriage rates. Any focus on newlyweds therefore is likely to include only those who can marry, and that overwhelmingly means the better educated with the best jobs. For the rest of the country, the prospects for marriage and jobs remain bleak -- so news about how to manage the tensions between work and family are not comforting.

    June Carbone is the Edward A. Smith/Missouri Chair of Law, the Constitution and Society at the University of Missouri-Kansas City.

    Naomi Cahn is the John Theodore Fey Research Professor of Law at George Washington University Law School. She is the author of numerous books and law review articles on gender and family law.

    Cahn and Carbone are the co-authors of Red Families v. Blue Families.

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  • Changing Marriage Patterns Reflect Economics and Class

    May 20, 2011Naomi CahnJune Carbone

    male-female-150Upper classes are marrying late, while poorer women are deciding that they're better off single.

    male-female-150Upper classes are marrying late, while poorer women are deciding that they're better off single.

    New research shows that women are getting married at later ages – and that the divorce rate is going down. The results reflect some good news -- later marriages are more likely to last. Most importantly, however, these figures correlate with widespread changes in the American family.

    First, the decrease in the divorce rate does at least in part reflect later marriages. Teen marriages have always been risky and most studies suggest that the increase in maturity from the teen years to the early twenties bodes well for the stability of relationships. Delay from the early twenties to the late twenties and thirties, however, is more controversial. While these later marriages are also more likely to last, economist Stephane Mechoulan found that the increase in the age of marriage in itself accounts for only a small part of the falling divorce rates. Instead, they reflect the increasing tendency of the well-off to marry similarly well-off partners and those marriages are more likely to last at any age.

    Second, the overall statistics hide the class-based dynamics at the core of the shift. Historically, college educated women were less likely to marry than high school graduates. Today, male and female college graduates have become substantially more likely to marry (and stay married). At the same time, marriage has effectively disappeared from the poorest communities. In the middle, pregnant teens like Bristol Palin have become much less likely to marry the fathers of their children. It is hardly surprising therefore that overall divorce rates have fallen as the highest divorce risks (pregnant teens among them) have become much less likely to marry.

    Third, the later age of marriage for college graduates does suggest a new middle class strategy: invest in women’s education and earning capacity as well as men’s, push back the age of marriage and childbearing from the low ages of the anomalous fifties, and reap the benefits of two incomes. This strategy, of course, began in the sixties and seventies and produced much more independent women. Today, it also reflects a new marriage strategy. The only portion of the American population substantially better off than a generation ago are high income men, and it easier to tell who will be successful (think of those Wall St. bonuses) and who will not at thirty than at twenty. At the same time, for less spectacularly successful men, two substantial incomes are essential for middle class life. Today, becoming established means not only college graduation and graduate school, but the right internships, entry level jobs, and often repeated moves between positions, cities and sometimes career paths. These investments pay off in terms of a stable investment for family life, but they are rarely in place before the thirties and earlier marriage and childbearing often makes them harder to establish. As the economy becomes more perilous, the risks of early marriage increase.

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    Fourth, with the disappearance of relatively stable and high paying manufacturing jobs, working class women may have greater opportunities than working class men and they have also become pickier about marriage as a result. Women have become more likely to graduate from high school and college and the jobs they choose -- teaching, health care, retail sales, administration -- tend to be more stable than those available to men. Construction workers, for example, often earn more than Walmart employees, but they are also more likely to be laid off. Studies further show that while unemployed women spend more time on the home and the children, unemployed men spend more time moping, drinking, watching TV, and lashing out at those around them. The new data confirms that the Great Recession has slowed marriage rates and earlier studies show that financial stress greatly increases the divorce rates of young and working class couples with the most traditional attitudes toward gender roles. In today's economy, these couples have become less likely to marry.

    Fifth, a delay in marriage and a decrease in divorce might be a good thing, but only if it also produces a drop in non-marital births. For the middle class, later marriage continues to mean later childbearing, and later childrearing tends to lower overall fertility. Women’s workforce participation increases the opportunity cost (and the family tensions) of having more children. The combination of the suburbs, with their dependence on the automobile, and the disappearance of stay-at-home moms dismantled the community networks that had supervised children, placing more emphasis on the role of individual parents. Modern studies of family time indicate that while mothers today spend substantially less time on housework than they did a half century ago, they spend as much time with their children and their husband spend more. Today’s “helicopter” parents invest enormous amounts of time overseeing homework, coaching sports teams, escorting their children to after school activities, and addressing their emotional needs.

    Working class women, however, have become more likely to have children without marrying. If the father is chronically unemployed, uncommitted to the relationship, immature or simply unreliable, young mothers may decide that they are better off on their own. It is hard to assess the impact of falling marriage rates therefor without examining the nature of childbearing. The changes of the last quarter century indicate that marriage is increasingly becoming a marker of class -- the delayed marriages of the middle class produce steadily lower divorce rates, very few non-marital births, and substantial resources to invest in a falling number of children. For the rest of the country, the statistics may simply confirm a greater move away from marriage altogether.

    June Carbone is the Edward A. Smith/Missouri Chair of Law, the Constitution and Society at the University of Missouri-Kansas City.

    Naomi Cahn is the John Theodore Fey Research Professor of Law at George Washington University Law School. She is the author of numerous books and law review articles on gender and family law.

    Cahn and Carbone are the co-authors of Red Families v. Blue Families.

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