August 15, 2000
Virginia Gender Bias Report Exhibits Its Own Gender Bias, FFV Says
The draft report of a task force that is looking into gender bias in Virginia's courts exhibits its own form of gender bias, according to a Northern Virginia fathers'
group.
The report has not yet been published. However, the group Fathers For Virginia (FFV) has obtained a copy of the final draft. The draft reveals that the task force has gone out of its way to find that Virginia's court system discriminates against women, particularly women lawyers. Much more obvious biases against men, particularly fathers, are being ignored or downplayed by the task force.
In FFV's view, the draft report indicates clearly that fathers' valid concerns about anti-father bias in Virginia's courts are being swept under the carpet. By contrast, the task force has examined in considerable detail the perception that female lawyers and other women encounter gender discrimination.
The contrast between the treatment of male and female bias allegations is marked, particularly in view of the fact that, in all the public hearings of the task force
throughout Virginia, those who testified were overwhelmingly fathers. Fathers told the task force that there was gross and overt bias against fathers. This bias is shown clearly in the fact that, in divorce cases, fathers hardly ever get custody of their children. In turn, this "glass ceiling" on paternal custody is reflected in Virginia's child support arrangements, which impose an unfair burden on noncustodial fathers.
Despite the task force's determination to find anti-female bias, its members were unable to disregard all the evidence presented to them of bias against fathers. For
example, the draft report finds that:
*The concern that fathers would not seek custody because judges don't give them fair consideration "may be well-placed" (p. 57 of the draft report). Virginia data show that in 1995 only 8 percent of divorces resulted in fathers being awarded physical custody (p. 58).
*Litigants in custody matters "may be subject to gender
bias treatment'and . . . men are clearly not favored in custody and visitation matters"
(p. 62)
The Virginia child support guidelines 'created financial disincentive (sic) for the custodial parent to allow visitation to over 90 days a year" (p. 67). (FFV notes that the noncustodial parents whose access to their children is restricted for these financial reasons are nearly all fathers.)
The task force acknowledges the views that fathers expressed at the public hearings. However, the report's recommendations virtually ignore these views. To take only one example, the recommendations on child support (p. 68) emphasize the importance of child support being paid, but say nothing about addressing inequities in custody that result in virtually all child support being a liability for fathers.
More subtle bias permeates the draft report. There is a distinct contrast between the treatment of the concerns of fathers, who constituted the great majority of witnesses at the public hearings, and the treatment of other witnesses' views. For example, the report contains frequent verbatim excerpts from testimony about gender bias against female attorneys. There are also verbatim excerpts about other complaints of gender bias against women. However, there is only one verbatim excerpt from the testimony of the large number of fathers who told the task force about the system's anti-father bias.
Such obvious gender bias by this task force is not surprising. Its membership was heavily biased towards women, and included two members of the National Organization for Women and one official of a domestic violence group.
FFV calls on the gender bias task force to abandon its efforts to slant its report in this pre-ordained direction, and to base it on the testimony given during the public
hearings.
FFV seeks to protect the role of fathers in their families, and to end discrimination against separated and divorced , fathers. In particular, FFV seeks presumptive joint physical and legal custody after divorce. -
More information about this 113-page report is available from FFV at 703 354-DADS
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