Yeah, I call bullshit on that. I don't know the German legal system and don't know what criteria are used for determining who gets a speedy divorce, but I'd be surprised if that were actually legal.
In America, culture is theoretically not an excuse for crimes like domestic violence. Divorce statutes vary by state, and I'm not an expert on them, but statutes that allow for speedy divorces based on violence aren't based on the idea that violence is condemned by the couple's culture, they're based on the idea that violence is dangerous and of concern to the state, and that the state has an interest in getting people out of violent situations as fast as possible. Actually, I could make a strong case that denying someone a speedy divorce in this situation explicitly because of her national origin would violate her 14th Amendment rights to equal protection under the law.
I don't think this is similar to the Nowak situation at all. Judges frequently set bail based on judgments of how dangerous people are. Dangerousness is a legitimate question in our legal system. There's an objective standard: "how likely do we think it is that this person will be violent?" It makes SENSE to make adjust legal consequences based on what someone's behavior was and is anticipated to be.
Whereas here, there seems to be no question that the husband is dangerous and threatened this woman's life. If the couple were both German and he behaved the same way, it seems like there would be no question that the divorce would be sped up. By saying that this woman doesn't get a speedy divorce, they are explicitly saying that his violent behavior is less worthy of legal concern because of his cultural background (or, worse, that her safety is less worthy of legal concern because of their cultural background).
I mean, I guess it COULD be worse since she could not be given a divorce at all, but discrimas it could be is still discrimination, and that's what this ination that isn't as bad is.
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timeasmymeasure
no subject
Date: 2007-03-27 03:51 am (UTC)In America, culture is theoretically not an excuse for crimes like domestic violence. Divorce statutes vary by state, and I'm not an expert on them, but statutes that allow for speedy divorces based on violence aren't based on the idea that violence is condemned by the couple's culture, they're based on the idea that violence is dangerous and of concern to the state, and that the state has an interest in getting people out of violent situations as fast as possible. Actually, I could make a strong case that denying someone a speedy divorce in this situation explicitly because of her national origin would violate her 14th Amendment rights to equal protection under the law.
I don't think this is similar to the Nowak situation at all. Judges frequently set bail based on judgments of how dangerous people are. Dangerousness is a legitimate question in our legal system. There's an objective standard: "how likely do we think it is that this person will be violent?" It makes SENSE to make adjust legal consequences based on what someone's behavior was and is anticipated to be.
Whereas here, there seems to be no question that the husband is dangerous and threatened this woman's life. If the couple were both German and he behaved the same way, it seems like there would be no question that the divorce would be sped up. By saying that this woman doesn't get a speedy divorce, they are explicitly saying that his violent behavior is less worthy of legal concern because of his cultural background (or, worse, that her safety is less worthy of legal concern because of their cultural background).
I mean, I guess it COULD be worse since she could not be given a divorce at all, but discrimas it could be is still discrimination, and that's what this ination that isn't as bad is.