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17 Fam. Advoc. 22 (1994-1995)
Gender Bias in Family Courts

handle is hein.journals/famadv17 and id is 24 raw text is: Why prejudice permeates the process BY LYNN HECHT SCHAFRAN In California a group of women has filed suit in federal court charging the state courts with discrimination against mothers in custody suits. The women claim that after failing to adequately protect them and their children from physically violent husbands and fathers, courts frequently award custody to these men based on a discriminatory standard against mothers who attempt to protect their children. (Anderson v. California No. YCO1 7004, Superior Ct., Cal., County of Los Angeles. Filed Jan. 12, 1994.) In New York a group of men have filed suit in federal court charging the state courts with discrimination against fathers in custody suits. The men claim that courts award custody to wives and mothers as a matter of habit, leaving men with the task of disproving indoc- trinated myths about women as natural parents. (Cohen, Patricia, Dad's Rights Group Files Bias Lawsuit, Neisday, January 5, 1994, p. 6.) Both groups perceive courts as being biased against them in the explosive area of family law. But which group is right? A mountain of evidence demonstrates that women and, to a lesser extent, men do experience gender discrimination in family law. Decisions in these cases continue to reflect stereotypes about the natures and roles of the two sexes, the devaluation of women's work as homemakers and child rearers, and the ignorance of or indifference to the eco- nomic and social realities of women's and men's lives. Family law is particularly plagued with gender bias because of the preju- dices all participants bring to the pro- cess from their own family experiences. These prejudices are compounded by the many judges who dislike the field of family law. Some judges are under- standably burned-out by its emotionally draining nature. Some are unsuited to it by temperament. But some believe that real law is commerce and crime whereas family law is a second-class as- signment or punishment. This attitude is apparent in the fre- quent appointment of brand new, Un- trained judges to the family court, where they pay their dues and earn their way out. It is most apparent in counties where family court is the depository for political hacks who have to be given judgeships. Documenting bias The gender bias rife in family law is documented in a series of reports by task forces appointed by state chief jus- tices to determine the nature and extent of gender bias in their own court sys- tems and to recommend and implement reforms. Presently more than 40 states have such task forces. Twenty-one have issued reports. tFor information on the task forces, contact the National Judicial Education Program, 99 Hudson St., 12th floor, New York, NY 10013.) The task forces consistently report Family Advocate PE @

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