No, the courts should impose their will on society in situations where equality needs to be enforced. Just imagine if the process you're describing had been used to stop segregation in the United States.
but the courts enforcing desegregation did work at the societal pressure level.
What I'm saying is that denying the fact that a partner gave up career growth to parent does not change that they did, and does not stop the pressure upon women to do so. It should not be tied to gender, it should be tied to who gave up paying work to do the child rearing labor.
Spousal and child support _are_ where divorce courts are influencing equity, by having the parent who's career was not impacted by parental duties provide monetary support to the parent who was.
“Spousal and child support _are_ where divorce courts are influencing equity, by having the parent who's career was not impacted by parental duties provide monetary support to the parent who was.“
This is quite clearly not true because of maternal preference, which is openly acknowledged by the courts.
They are not in fact basing their decision on who’s career was not impacted.
They are making the decision based on the sex of the parents, and simply recapitulating traditional gender role assumptions.
I’m not making a case that it shouldn’t be this way.
My point is that we shouldn’t gaslight ourselves about what is going on.
What I'm saying is that denying the fact that a partner gave up career growth to parent does not change that they did, and does not stop the pressure upon women to do so. It should not be tied to gender, it should be tied to who gave up paying work to do the child rearing labor.
Spousal and child support _are_ where divorce courts are influencing equity, by having the parent who's career was not impacted by parental duties provide monetary support to the parent who was.