Dear Precious Dads
& Supporters:
Please carefully read the Fox News
commentary by Wendy McElroy below
for enhanced insight about our plight.
Wendy has been a huge champion of
our cause and issues. Also, I cordially
invite you to the following event:
The Natural Rights & Laws Compact
will sponsor a statewide Faith-In-Action
forum Saturday, June 11, from 11:00-3:00
p.m. at the Holden Chapel, Holden.
Representatives from the Massachusetts
Family Institute, Article 8 Alliance
and Mass. Republican Assembly will
be in attendance, as well as faith-based
groups from throughout Massachusetts
and New England. The main speakers
will be state Representatives Phil
Travis and Emile Goguen. The Fatherhood
Coalition ought to be represented
there. There will be an area for us
to display our materials. Please understand
that the people in attendance there
truly understand our issues and are
joining us in our effort to reform
the current system.
* * * * * * * * * * *
Fathers' Rights Victory In Massachusetts
Wednesday, June 01, 2005 By Wendy
McElroy
A determined father in Massachusetts
has delivered an early Father's Day
gift to non-custodial parents, the
overwhelming majority of whom are
dads.
Dr. Henry M. Fassler has successfully
contested a 1998 Massachusetts law
that requires a non-custodial parent
to have court certification as a non-batterer
on a yearly basis before he (or she)
is allowed access to their children's
school records. The school system
currently views all non-custodial
parents as guilty of battery until
proven innocent. But all that is going
to change.
The specifics of Fassler's case: he
wanted to see the academic class list
for his 17-year-old daughter Lindsay,
who had asked him for help. No charge
or complaint had ever been filed against
Fassler; he is on good terms with
his ex-wife and children.
When the school refused the class
list, Fassler not only got angry,
he also got active. Last October,
he complained to the Family Policy
Compliance Office at the U.S. Department
of Education, challenging the statute
as discriminatory. On May 6, the DOE
sent a letter to Massachusetts' Education
Commissioner David P. Driscoll, which
warned that "the commonwealth
and every school district in Massachusetts
is in violation of federal law, and
has been for years."
The letter explained, "non-custodial
parents cannot be denied access to
school records unless there is evidence
those 'rights have been specifically
revoked'." The government cannot
stand between parent and child when
no evidence of abuse is present.
Father's rights advocates had fought
against the law since its passage.
(Indeed, Fassler belongs to Fathers
and Families, a leading voice in that
battle.) Suddenly, however, with millions
in federal funding at stake, Driscoll
has indicated that a "new policy"
will treat divorced parents more fairly.
The struggle in Massachusetts for
non-custodial rights offers both hope
and lessons to divorced parents across
North America.
One lesson is cautionary: even well-intended
laws can be hijacked and used for
unintended political purposes. This
one fact alone should prejudice reformers
in favor of repealing bad laws rather
than stacking the new ones ever higher.
According to Fassler, the 1998 statute
was first pushed by father's advocates
who wanted to clarify their parental
right to school records. Then, anti-domestic
violence groups -- especially a Boston-based
victims advocacy group, Jane Doe Inc.
(JDI) -- amended the measure to make
a distinction between custodial and
non-custodial parents. Fassler claims
the changes converted the statute
into an "abuse-prevention bill"
that discriminated against the very
fathers who suggested it.
JDI has a history of receiving large
tax-funded contracts to handle the
training and other assistance necessary
to implement anti-abuse programs in
Massachusetts; it seems natural to
assume that JDI wielded influence
over the policy-makers with whom it
has established a long and remunerative
partnership. Nancy Scannell of JDI
helped to draft the statute.
By contrast, the father's rights advocates
against whom JDI is often pitted consist
almost entirely of volunteers.
This is another lesson from the Massachusetts
struggle. Grassroots organizations
and actions can prevail over generously
tax-funded agencies, but it is crucial
to "follow the money." The
crusade against the 1998 statute won
out only when Fassler called federal
funding into question.
But following the money means more
than this; the tax-funding of JDI
should be tracked and made public.
As taxpayers, fathers have a right
to know how such funds are dispensed
and to expose any political bias in
the granting of contracts.
Moreover, any organization that will
profit from a legislative measure
should be excluded from drafting it.
The exclusion is important. The Boston
Globe quotes Scannell as saying she
"will eagerly participate in
any discussion to rewrite the bill."
If the "non-profit" JDI
will eagerly cash checks based on
such a rewrite, then JDI should not
shape its language.
Yet, despite words of caution, the
news from Massachusetts is heartening.
Non-custodial parents will no longer
be viewed as abusive until proven
innocent. Fathers can play a greater
role in their children's academic
lives.
Radio host Glenn Sacks, who campaigned
against the 1998 statute, explains
the importance of a father's presence.
"As a former high school teacher…I
could teach a class for a few weeks
and then have a pretty good idea which
kids had fathers in their lives and
which ones didn't. I had few discipline
problems…but I always knew that there
was one truly effective way to get
an errant boy to change his ways--call
his dad and explain…that he needs
to leave work and come to the school
to talk to me about his son's behavior.
It was 100 percent effective."
That option may now be available to
all of Massachusetts' teachers, parents,
and children.
Wendy McElroy is the editor of ifeminists.com
and a research fellow for The Independent
Institute in Oakland, Calif. She is
the author and editor of many books
and articles, including the new book,
"Liberty for Women: Freedom and
Feminism in the 21st Century"
(Ivan R. Dee/Independent Institute,
2002). She lives with her husband
in Canada.
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