My sister has accepted the mantle of family historian from my father. Oh... you don't know about my dad? His brain is like a xerox machine, (or a flat bed scanner for you younger folks). It seems like his brain has been able to absorb and retain every detail he has ever read in his 72 years on this Earth. So he is a Genealogist's dream - because he can't "just" remember OUR family names as they appear in census records, but also the names of other families who lived near, fought with (and along side of) each ancestor. It's amazing.
My sister. She has taken on the daunting task (with ease - I might add) of employing all the new technology and resources to fill in the gaps in our family story. Like why - exactly - Granny Scott was arrested. And it's a great story, too. But in recanting her discovery, my sister's voice was like God whispering in my ear a special message.
First, we have to get a few things clarified.
DEFINITION: illegitimacy
noun
- The state or quality of being illegal: illegality, illicitness, unlawfulness. See crimes, law.
- The condition of being of illegitimate birth: bastardy. See kin, law.
For history's sake, we need to put that into proper legal context:
The condition before the law, or the social status, of a child whose parents were not married to each other at the time of his or her birth.
English common law placed harsh penalties on an illegitimate child, denying the child inheritance and property rights. Modern law has given the nonmarital child more rights but still differentiates between the marital and nonmarital status.
That was then. This is now:
The harsher aspects of the common law dealing with an illegitimate child have been eliminated, primarily through the application of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. In Levy v. Louisiana, 391 U.S. 68, 88 S. Ct. 1509, 20 L. Ed. 436 (1968), the Supreme Court ruled that a state statute (La. Civ. Code Ann. Art. 2315) that barred illegitimate children from recovering damages for the wrongful death of their mother, but allowed legitimate children to recover in similar circumstances, was invalid because it denied illegitimate children equal protection of the law.
That seems fair, I guess. And so...
The presumption of legitimacy is a strong legal presumption because public policy favors legitimacy to preserve stable family groupings.
I guess one might conclude that the "strong favor to preserve stable groupings" would be the foundation of the many laws nation wide that criminalize adultry (like Michigan, where last I heard, it is a felony!)
You know... these kinds of laws that protect the sanctity of marriage. Between a man and a woman. Except they don't...
The rate of illegitimate births in the United States has risen sharply since the early 1970s. In the 1940s fewer than five percent of the total births were out of wedlock. By the 1990s, according to statistics compiled by the Center for Health Statistics at the U.S. Department of Health and Human Services, births to unmarried mothers accounted for nearly one-third of all U.S. births.
Notwithstanding the efforts of some patriotic preachers who really want to dust of those old laws and legislate morality, it seems like the vast majority of America doesn't really have much regard for these laws. I mean - is there really such a thing as a 40 year old virgin? Or 30? Or 20?
About the only comment I can make about the efficacy of such legislation is that it didn't work prior to 1940 - because THAT'S exactly why Granny Scott went to jail. And why GRANDPA Scott left town.
You know, God gives us free will - and we have to live with the consequences. Granny's consequences was raising her "yungin's" alone. Because let's face it - once you've been to jail for having a cheating heart, it's a short list of volunteers willing to take you and a flock of kids in. Karma, Granny. Karma.
Back to the Christmas message. I call it a Christmas message because 1.) it's Christmas Eve, and 2.) I believe in divine inspiration, and the Christ-like sub-text of this story.
I can't have a coherent conversation these days with otherwise like-minded individuals unless 37 seconds into the conversation they toss out, "what part of ILLEGAL don't you understand?" That's usually followed by some dissertation on how this country was built by LEGAL (I'm not sure by what definition) citizens... heritage... moral obligation... yada yada. Oh yeah - and I think the British are coming. Again. No - wait. It's just Posh and David Beckham.
My inclination is to just smile... because I KNOW my family history. And thanks to Dad and my Sister, I know a lot of their family histories, too. Thirteen documented Revolutionary War heroes who bled so that I can enjoy the privilege of turning my nose up at a law that landed my Grandmother in jail 75 years ago.
WHOA! Wait a minute. This is NOT a confessional. I'm simply pointing out that with the myriad of laws on the books that, in theory, should reduce unwed mother-hood thereby decreasing the number of welfare mothers and babies - and lessen the burden on taxpayers... and preserve the sanctity of marriage... we cherry pick the laws we want to enforce. WE decide who is legitimate and who is not - according to what is convenient and popular. And I guess it's a good thing, because if we were as vigilant with ALL enforcement as some of our Presidential hopefuls, well... I wouldn't be here. Many times over.
Tonight, I took a few minutes to hear Rick Warren speak to us about God's gift. His presence... then His pardon. He said, "God doesn't give us what we deserve, he gives us what we need..." That is the most precious gift I could ever hope to receive. Forgiveness. May I recommend we all pass it around?
Merry Christmas -
Beth
http://www.answers.com/topic/illegitimacy?cat=biz-fin