Legal Families and Legal Fictions.

For countless decades the legal position relating to gambling has clearly been contrary to the actual societal position. We have legalized Off Track Betting and we have legalized lotteries, yet often a facade of not favoring gambling debts or gambling activities persists.

For a long time New York courts granted divorces based on adultery when it seemed strange that one of the early divorce lawyers always used the same photographer, in the same hotel room, in the same suggestive situation and using the same "other woman" who just happened to be his secretary's sister. Do you think the New York judges were fools? Or do you perhaps realize that the judges simply decided that the State's arbitrary and ancient laws simply should no longer be so strictly applied.

Now we have adoption matters before the courts wherein a stable loving two parent home is being deemed as not in the best interests of the child because the biological father's rights were violated. Wrenching a toddler away from a happy loving home is bad enough, but doing it in the name of The Best Interests of the Child seems to make a mockery of arbitrary and capricious judges who deem any whim they happen to have as representing the best interests of the child.

We have marriages in America these days wherein each of the two spouses openly have a few "friends with benefits". One husband has his female auto mechanic spend Sunday afternoons helping him restore an old car and then its a few beers, dinner and then sexual intercourse. Meanwhile his wife is off exploring some used bookstore in the company of a local author with whom she will have dinner and then spend the night at his place where she shares a closet. Social and sexual activities regularly take place with others and yet there is a married couple and issue of that intact marriage. One wonders just how far the official position of the law can be stretched before it snaps back and hits the hands of the arbitrary and capricious judges. As society changes, our laws must change.

We don't always have a loving home consisting of two heterosexual parents who provide for their children, but when that situation does exist, why are judges so determined to tear it apart? Is a single parent home now to be favored over a more traditional marriage? Is a miserable excuse for a man to be favored by the courts due to a simple fact of biology being weighed more heavily than persistent actions?