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Susan Guthrie welcomes special guest Marcia Zug, a family law expert and professor, to discuss the move to repeal no-fault divorce laws. As reform proposals emerge across several states, this conversation explores what a shift back to fault-based divorce could mean for individuals, families, and the legal system. Marcia offers insights into the history of no-fault divorce, the forces behind this legislative push, and the potential impacts on personal freedom, safety, and family dynamics. Tune in for an eye-opening look at the fight to preserve no-fault divorce and the disastrous implications for your rights and future. Featured Topics: Understanding the difference between fault divorce and no-fault divorce and what each requires The origins of no-fault divorce laws and how California became the first state to pass them in 1969 The impact of repealing no-fault divorce, including its wider social and political implications The future of no-fault divorce, the momentum behind repeal efforts, and whether there are movements to protect or expand these laws Golden nuggets: “If we want more people to get married, I think they need to understand both what marriage does for them and how it might be beneficial, but also not scare them by locking them into a marriage that they could never get out of.” “By forcing people to rehash all of the horrible things that have gone on in the marriage, it brings a lot of animosity to the divorce and makes negotiation and compromises much, much harder.” “ Even though cruelty was grounds for divorce, it wasn't protecting victims of violence in marriages. No-fault was seen as a solution to that. States reluctantly accepted it, not because they liked divorce, but because they recognized that it was needed because divorce to fault grounds was deadly, particularly to women.” **************************************** About this week's special guest: Marcia Zug Marcia Zug is a Family Law professor at the Jospeh F. Rice School of law at the University of South Carolina. Her latest book, You'll Do: A History of Marrying for Reasons Other than Love explores the instrumental use of marriage and the role of marriage in modern society. Marcia's book: You'll Do: A History of Marrying for Reasons Other Than Love Mentioned in this episode: Uxoricide / Marticide: When a spouse kills their spouse. Beyond Divorce: Healing the Invisible Scars of Domestic Abuse with Beverly Price **************************************** THANK YOU TO OUR SPONSORS: TURNS OUT PODCAST Introducing Turns Out..., my brand-new podcast launching in the new year. This show is all about life's unexpected twists and turns—those aha moments that change everything. From career pivots to personal revelations, we'll explore the stories that prove life is full of surprises. Make sure to visit turnsoutpodcast.com and keep an eye out for our launch drop! You won't want to miss these inspiring stories, and you might even hear some familiar voices. Stay tuned, and remember, Turns Out... life has so much more in store than we ever imagined! ========= PARACHUTE HOME Going through a divorce is tough, and self-care can easily get overlooked. Something that helped me was creating a cozy space to relax. I found Parachute Home—bedding and home goods that bring real comfort. Imagine ending your day wrapped in the softest sheets or a warm blanket. If you're looking to add a bit of peace to your home, visit divorcebeyond.com/parachute. When you shop through my link, it supports the podcast, and I appreciate it. ********************************************************************* SPONSORSHIP OPPORTUNITIES ARE AVAILABLE! https://divorcebeyond.com/Sponsorship-Info ******************************************************************* MEET OUR CREATOR AND HOST: SUSAN GUTHRIE®, ESQ., the creator and host of The Divorce and Beyond® Podcast, is nationally recognized as one of the top family law and divorce mediation attorneys in the country. Susan is the Vice Chair of the American Bar Association Section of Dispute Resolution and is a sought-after keynote speaker, business and practice consultant, coach and trainer. You can find out more about Susan and her services here: https://neon.page/susanguthrie Internationally renowned as one of the leading experts in online mediation, Susan created her Learn to Mediate Online® program and has trained more than 25,000 professionals in how to transition their practice online. Susan recently partnered with legal and mediation legend, Forrest "Woody" Mosten to create the Mosten Guthrie Academy which provides gold-standard, fully online training for mediation and collaborative professionals at all stages of their careers. Follow Susan Guthrie and THE DIVORCE AND BEYOND PODCAST on social media for updates and inside tips and information: Susan on LinkedIn: https://www.linkedin.com/in/susaneguthrie/ Susan on Instagram @susanguthrieesq ********************************************************************* We'd really appreciate it if you would give us a 5 Star Rating and tell us what you like about the show in a review - your feedback really matters to us! You can get in touch with Susan at divorceandbeyondpod@gmail.com. Don't forget to visit the webpage www.divorceandbeyondpod.com and sign up for the free NEWSLETTER to receive a special welcome video from Susan and more!! ********************************************************************* DISCLAIMER: THE COMMENTARY AND OPINIONS AVAILABLE ON THIS PODCAST ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. YOU SHOULD CONTACT AN ATTORNEY IN YOUR STATE TO OBTAIN LEGAL ADVICE WITH RESPECT TO ANY PARTICULAR ISSUE OR PROBLEM.
About 620 miles north of New Orleans and 62 miles south of St. Louis, sits the town of Ste. Geneviéve, Missouri. Established in 1750 by the French, Ste. Geneviéve reveals much about what it was like to establish a colony in the heartland of North America and what it was like for colonists to live so far removed from seats of imperial power. Claire Casey, a National Park Service interpretative ranger at the Ste. Geneviéve National Historical Park, joins us to explore the early American history of Ste. Geneviéve. This episode is originally posted as Episode 318. Show Notes: https://www.benfranklinsworld.com/363 Sponsor Links Colonial Williamsburg Foundation Brooding Over Bloody Revenge save 20 percent with promo code bloody20 Complementary Episodes Episode 102: William Nester, George Rogers Clark and the Fight for the Illinois Country Episode 108: Ann Little, The Many Captivities of Esther Wheelwright Episode 120: Marcia Zug, Mail Order Brides in Early America Episode 139: Andrés Reséndez, The Other Slavery Episode 308: Jessica Marie Johnson, Slavery and Freedom in French Louisiana Listen! Apple Podcasts Spotify Google Podcasts Amazon Music Ben Franklin's World iOS App Ben Franklin's World Android App Helpful Links Join the Ben Franklin's World Facebook Group Ben Franklin's World Twitter: @BFWorldPodcast Ben Franklin's World Facebook Page Sign-up for the Franklin Gazette Newsletter
This past term, the Supreme Court handed down two major decisions about Native American law. In Arizona v. Navajo Nation, the Court ruled 5-4 that a treaty did not require the U.S. Government to take affirmative steps to secure water for the Navajo Nation; and in Haaland v. Brackeen, the Court upheld the Indian Child Welfare Act (ICWA). In this episode, Native American law experts Professor Marcia Zug of the University of South Carolina Law School and Timothy Sandefur of the Goldwater Institute join to help unpack these key Native American law cases. They also dive more deeply into one specific member of the Court—Justice Neil Gorsuch—and his unique stance toward how the Constitution applies to issues relating to Native American tribes—from his dissent in Haaland, to his majority opinion in the McGirt v. Oklahoma case from 2020, and more. Host Jeffrey Rosen moderates. Resources: Arizona v. Navajo Nation (2023) Haaland v. Brackeen (2023) McGirt v. Oklahoma (2020) Marcia Zug, “ICWA's Irony”, American Indian Law Review (2021) Tim Sandefur, Brief Amici Curiae of Goldwater Institute in Support of State of Texas and Brackeen, Haaland v. Brackeen Adam Liptak, “Justice Neil Gorsuch Is a Committed Defender of Tribal Rights”, The New York Times (June 15, 2023) John Dossett, “Justice Gorsuch and Federal Indian Law”, American Bar Association (Sept. 1, 2017) Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today's conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.
Last week, the Supreme Court upheld the Indian Child Welfare Act in a case called Haaland v. Brackeen. The decision comes almost exactly 10 years after the Supreme Court ruled in Adoptive Couple v. Baby Girl, which planted the seed for last week's big ruling. To mark the new landmark decision, More Perfect re-airs the Radiolab episode that tells the story of two families, a painful history, and a young girl caught in the middle. Voices in the episode include: • Allison Herrera — KOSU Indigenous Affairs reporter • Matt and Melanie Capobianco — Veronica's adoptive parents • Dusten Brown — Veronica's biological father • Mark Fiddler — attorney for the Capobiancos • Marcia Zug — University of South Carolina School of Law professor • Bert Hirsch — attorney formerly of the Association on American Indian Affairs • Chrissi Nimmo — Deputy Attorney General for Cherokee Nation • Terry Cross — founding executive director of the National Indian Child Welfare Association (now serving as senior advisor) • Lori Alvino McGill — attorney for Christy Maldonado, Veronica's biological mother Learn more: • 2013: Adoptive Couple v. Baby Girl • 2023: Haaland v. Brackeen • "Baby Veronica belongs with her adoptive parents" by Christy Maldonado • "Doing What's Best for the Tribe" by Marcia Zug • "The Court Got Baby Veronica Wrong" by Marcia Zug • "A Wrenching Adoption Case" by The New York Times Editorial Board • National Indian Child Welfare Association • In Trust podcast, reported by Allison Herrera Supreme Court archival audio comes from Oyez®, a free law project by Justia and the Legal Information Institute of Cornell Law School. Support for More Perfect is provided in part by The Smart Family Fund. Follow us on Instagram and Facebook @moreperfectpodcast, and Twitter @moreperfect.
On April 10th, 1606, King James I granted the Virginia Company of London a charter. Just over a year later, on May 14, 1607, this privately-funded, joint-stock company established the first, permanent English colony in North America at Jamestown, in the colony of Virginia. What work did the Virginia Company have to do to establish this colony? How much money did it have to raise, and from whom did it raise this money, to support its colonial venture? Misha Ewen, a Lecturer in early modern history at the University of Bristol and author of The Virginia Venture: American Colonization and English Society, 1580-1660, joins us to discuss the early history of the Virginia Company and its early investors. Show Notes: https://www.benfranklinsworld.com/355 Join Ben Franklin's World! Subscribe and help us bring history right to your ears! Sponsor Links Colonial Williamsburg Foundation Complementary Episodes Episode 079: James Horn, What is a Historic Source? Episode 120: Marcia Zug, A History of Mail Order Brides in Early America Episode 150: Woody Holton, Abigail Adams: Revolutionary Speculator Episode 186: Max Edelson, The New Map of the British Empire Episode 213: Rebecca Fraser, The Pilgrims of Plimoth Episode 250: Virginia, 1619 Episode 274: Alan Gallay, Walter Ralegh: Architect of Empire Listen! Apple Podcasts Spotify Google Podcasts Amazon Music Ben Franklin's World iOS App Ben Franklin's World Android App Helpful Links Join the Ben Franklin's World Facebook Group Ben Franklin's World Twitter: @BFWorldPodcast Ben Franklin's World Facebook Page Sign-up for the Franklin Gazette Newsletter
About 620 miles north of New Orleans and 62 miles south of St. Louis, sits the town of Ste. Geneviéve, Missouri. Established in 1750 by the French, Ste. Geneviéve reveals much about what it was like to establish a colony in the heartland of North America and what it was like for colonists to live so far removed from seats of imperial power. Claire Casey, a National Park Service interpretative ranger at the Ste. Geneviéve National Historical Park, joins us to explore the early American history of Ste. Geneviéve. Show Notes: https://www.benfranklinsworld.com/318 Join Ben Franklin's World! Subscribe and help us bring history right to your ears! Sponsor Links Omohundro Institute Colonial Williamsburg Foundation The Ben Franklin's World Shop Get $50 to invest with Schwab Starter Kit Complementary Episodes Episode 102: William Nester, George Rogers Clark and the Fight for the Illinois Country Episode 108: Ann Little, The Many Captivities of Esther Wheelwright Episode 120: Marcia Zug, Mail Order Brides in Early America Episode 139: Andrés Reséndez, The Other Slavery Episode 308: Jessica Marie Johnson, Slavery and Freedom in French Louisiana Listen! Apple Podcasts Spotify Google Podcasts Amazon Music Ben Franklin's World iOS App Ben Franklin's World Android App Helpful Links Join the Ben Franklin's World Facebook Group Ben Franklin's World Twitter: @BFWorldPodcast Ben Franklin's World Facebook Page Sign-up for the Franklin Gazette Newsletter
The story of freedom in colonial New Orleans and Louisiana pivoted on the choices black women made to retain control of their bodies, families, and futures. How did black women in colonial Louisiana navigate French and Spanish black and slavery codes to retain control of their bodies, families, and futures? Jessica Marie Johnson, Assistant Professor of History at Johns Hopkins University and author of the award-winning book Wicked Flesh: Black Women, Intimacy, and Freedom in the Atlantic World, joins us to investigate answers to this question and to reveal what viewing the history of the Atlantic World through the histories of slavery and gender can show us about what life was really like for colonists, settlers, and the enslaved. Show Notes: https://www.benfranklinsworld.com/308 Join Ben Franklin's World! Subscribe and help us bring history right to your ears! Sponsor Links Omohundro Institute The Ben Franklin's World Shop Complementary Episodes Episode 037: Kathleen DuVal, Independence Lost Episode 120: Marcia Zug, A History of Mail Order Brides in Early America Episode 167: Eberhard Faber, The Early History of New Orleans Episode 232: Christopher Hodson, The Acadian Diaspora Episode 282: Vincent Brown, Tacky's Revolt Episode 289: Marcus Nevius, Maroonage & the Great Dismal Swamp Episode 295: Ibrahima Seck, Whitney Plantation Museum Episode 303: Matthew Powell, La Pointe-Krebs House Listen! Apple Podcasts Spotify Google Podcasts Amazon Music Ben Franklin's World iOS App Ben Franklin's World Android App Helpful Links Join the Ben Franklin's World Facebook Group Ben Franklin's World Twitter: @BFWorldPodcast Ben Franklin's World Facebook Page Sign-up for the Franklin Gazette Newsletter
Polygamy is not a practice that often comes to mind when many of us think about early America. But it turns out, polygamy was a ubiquitous practice among different groups of early Americans living in 17th and 18th-century North America. Sarah Pearsall, a University Teaching Officer, Fellow, and Historian at the University of Cambridge, joins us to discuss the surprising history of polygamy in early North America, with details from her book, Polygamy: An Early American History. Show Notes: https://www.benfranklinsworld.com/278 Join Ben Franklin's World! Subscribe and help us bring history right to your ears! Sponsor Links Omohundro Institute The Ben Franklin's World Shop Complementary Episodes Episode 013: Rachel Hope Cleves, Charity and Sylvia: A Same-Sex Marriage in Early America Episode 027: Lisa Wilson, A History of Stepfamilies in Early America Episode 045: Spencer McBride, Joseph Smith and the Founding of Mormonism Episode 120: Marcia Zug, A History of Mail Order Brides in Early America Episode 223: Susan Sleeper-Smith, A Native American History of the Ohio River Valley & Great Lakes Region Episode 225: Elaine Forman Crane, The Poison Plot: Adultery & Murder in Colonial Newport Listen! Apple Podcasts Spotify Google Podcasts Ben Franklin's World iOS App Ben Franklin's World Android App Helpful Links Join the Ben Franklin's World Facebook Group Ben Franklin’s World Twitter: @BFWorldPodcast Ben Franklin's World Facebook Page Sign-up for the Franklin Gazette Newsletter
Mother’s Day became a national holiday on May 9, 1914 to honor all of the work mothers do to raise children. But what precisely is the work that mothers do to raise children? Has the nature of mothers, motherhood, and the work mothers do changed over time? Nora Doyle, an Assistant Professor of History at Salem College in North Carolina, has combed through the historical record to find answers to these questions. Specifically, she’s sought to better understand the lived and imagined experiences of mothers and motherhood between the 1750s and 1850s. Show Notes: https://www.benfranklinsworld.com/237 Sponsor Links Omohundro Institute The Ben Franklin's World Shop Maternal Bodies: Redefining Motherhood in Early America Complementary Episodes Episode 027: Lisa Wilson, A History of Stepfamilies in Early America Episode 120: Marcia Zug, A History of Mail Order Brides in Early America Episode 150: Woody Holton, Abigail Adams: Revolutionary Speculator Episode 205: Jeanne Abrams, First Ladies of the Republic Listen! Apple Podcasts Spotify Google Podcasts Ben Franklin's World iOS App Ben Franklin's World Android App Helpful Links Join the Ben Franklin's World Facebook Group Ben Franklin’s World Twitter: @BFWorldPodcast Ben Franklin's World Facebook Page Sign-up for the Franklin Gazette Newsletter *Books purchased through the links on this post will help support the production of Ben Franklin's World.
We tend to view gay marriage as a cultural and legal development of the 21st century. But did you know that some early Americans lived openly as same-sex married couples? Rachel Hope Cleves, a Professor of History at the University of Victoria in British Columbia and author of Charity and Sylvia: A Same-Sex Marriage in Early America, reveals the story of Charity Bryant and Sylvia Drake, women who lived as a married couple in Weybridge, Vermont between 1807 and 1851. This episode originally posted as Episode 013. Show Notes: https://www.benfranklinsworld.com/215 Sponsor Links Omohundro Institute Chicago 2019 Meetup Complementary Episodes Episode 004: Thomas Foster, Sex and the Founding Fathers Episode 027: Lisa Wilson, A History of Stepfamilies in Early America Episode 032: Michelle Marchetti Coughlin, One Colonial Woman’s World Episode 120: Marcia Zug, A History of Mail Order Brides in Early America Episode 175: Daniel Epstein, House Divided: The Revolution in Ben Franklin’s House Helpful Show Links Ben Franklin's World Facebook Page Ben Franklin’s World Twitter: @BFWorldPodcast Join the Ben Franklin's World Community Sign-up for the Franklin Gazette Newsletter Ben Franklin's World iOS App Ben Franklin's World Android App *Books purchased through this link will help support the production of Ben Franklin's World.
Buying a Bride: An Engaging History of Mail-Order Matches / Mike Rothmiller ; Trump Wiretaps , Wikileaks CIA Taps , Secret WeaponsThere have always been mail-order brides in America—but we haven't always thought about them in the same ways. In Buying a Bride, Marcia A. Zug starts with the so-called “Tobacco Wives” of the Jamestown colony and moves all the way forward to today's modern same-sex mail-order grooms to explore the advantages and disadvantages of mail-order marriage. It's a history of deception, physical abuse, and failed unions. It's also the story of how mail-order marriage can offer women surprising and empowering opportunities. Drawing on a forgotten trove of colorful mail-order marriage court cases, Zug explores the many troubling legal issues that arise in mail-order marriage: domestic abuse and murder, breach of contract, fraud (especially relating to immigration), and human trafficking and prostitution. She tells the story of how mail-order marriage lost the benign reputation it enjoyed in the Civil War era to become more and more reviled over time, and she argues compellingly that it does not entirely deserve its current reputation. While it is a common misperception that women turn to mail-order marriage as a desperate last resort, most mail-order brides are enticed rather than coerced. Since the first mail-order brides arrived on American shores in 1619, mail-order marriage has enabled women to improve both their marital prospects and their legal, political, and social freedoms. Buying A Bride uncovers this history and shows us how mail-order marriage empowers women and should be protected and even encouraged.This show is part of the Spreaker Prime Network, if you are interested in advertising on this podcast, contact us at https://www.spreaker.com/show/1198501/advertisement
On March 2, Marcia Zug delivered a Banner Lecture entitled “Lonely Colonist Seeks Wife: Rediscovering the History of America’s First Mail-Order Brides.” Today, mail-order brides are usually assumed to be desperate and exploited women. However, the history of the Jamestown mail-order brides casts doubt on this belief. Life in the early American colonies was difficult, but one of the biggest threats was actually the absence of marriageable women. As a result, marital immigration was seen as crucial to the Virginia colony’s success. Potential female immigrants were wooed with numerous financial and legal incentives and these benefits made mail-order marriage an attractive option for some seventeenth century women. Interestingly, modern mail-order marriages may not be so different. Four centuries later, many things have changed, but mail-order marriages continue to offer women the possibility of a better future. Marcia Zug is an associate professor of law at the University of South Carolina. She is the author of Buying a Bride: An Engaging History of Mail-Order Marriage.
How do you build colonies without women? Most of the colonial adventurers from England and France who set out for Jamestown, New France, and colonial Louisiana were men. But how do you build and sustain societies and spread European culture—in essence, fulfill the promises of a colonial program—without women? You can’t. Which is why Marcia Zug, a Professor of Law at the University of South Carolina Law School and author of Buying a Bride: An Engaging History of Mail Order Matches, joins us to explore one of the solutions that England and France used to build their North American colonies: mail order bride programs. Show Notes: http://www.benfranklinsworld.com/120 Sponsor Links Cornell University Press Brian Rouleau, With Sails Whitening Every Sea Complementary Episodes Episode 036: Abby Swingen, Competing Visions of Empire Episode 049: Malcolm Gaskill, How the English Became American Episode 064: Brett Rushforth, Native American Slavery in New France Episode 079: James Horn, What is a Historical Source? (Colonial Jamestown) Episode 108: Ann Little, The Many Captivities of Esther Wheelwright Helpful Show Links Help Support Ben Franklin's World Crowdfunding Campaign Ben Franklin's World Facebook Page Join the Ben Franklin's World Community Sign-up for the Franklin Gazette Newsletter Ben Franklin's World iOS App Ben Franklin's World Android App *Books purchased through this link will help support the production of Ben Franklin's World.
This is the story of a three-year-old girl and the highest court in the land. The Supreme Court case Adoptive Couple v. Baby Girl was a legal battle that entangled a biological father, a heart-broken couple, and the tragic history of Native American children taken from their families. When producer Tim Howard first read about this case, it struck him as a sad, but seemingly straightforward custody dispute. But as he started talking to lawyers, historians, and the families involved in the case, it became clear that it was much more than that. Because Adoptive Couple v. Baby Girl challenges parts of the 1978 Indian Child Welfare Act, this case puts one little girl at the center of a storm of legal intricacies, Native American tribal culture, and heart-wrenching personal stakes. A note from Jad: "As you guys may know, our new podcast More Perfect is Radiolab’s first ever spin-off show. But I want to share something special with you: THE Radiolab episode that inspired us to launch this whole series about the Supreme Court. After we put out this episode we got hooked on the court and the kinds of stories we could tell about it. So we made More Perfect. We reported this Radiolab story about three years ago. It’s about a little girl...but really it’s about so much more than that, too. Stay tuned to the end for an update about what has happened since." The key links: - An op-ed by Veronica's birth mom, Christy Maldonado, in the Washington Post- Marcia Zug's article for Slate on the original case that went to the South Carolina Supreme Court- Marcia Zug's article for Slate criticizing the Supreme Court ruling- An op-ed by the New York Times Editorial Board urging action from the Supreme Court- The official site for ICWA, the Indian Child Welfare Act The key voices: - Matt and Melanie Capobianco, Veronica's adoptive parents- Dusten Brown, Veronica's biological father- Christy Maldonado, Veronica's biological mother- Mark Fiddler, attorney for the Capobiancos- Marcia Zug, associate professor of law at the University of South Carolina School of Law- Bert Hirsch, attorney formerly of the Association on American Indian Affairs- Chrissi Nimmo, Assistant Attorney General for Cherokee Nation- Terry Cross, executive director of the National Indian Child Welfare Association- Lori Alvino McGill, attorney for Christy Maldonado The key cases: - 2013: Adoptive Couple v. Baby Girl