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The National PostCorbin Andrews
National Post
New research from the University of Minnesota suggests that apart from being smelly and unhealthy, smokers are also prime candidates for divorce.
According to a new study by student Eric Doherty and his father, Dr. William Doherty, a family therapist at the university, smokers are much more likely than non-smokers to divorce.
"There is no question that smoking is an indicator for divorce,'' says Mr. Doherty. "Although we are not saying that it is the smoking itself that causes the problems. Smoking is a symptom of deeper problems that often end up in divorce if they are not addressed. You may want to think twice before marrying a smoker.''
The Dohertys studied 3,123 adults, aged 18 and over, using data collected by researchers at the National Opinion Research Center at the University of Chicago. Their analysis revealed that 49% of smokers had been divorced, while only 32% of non-smokers had been. These results were consistent across all age, gender, class, and race groups.
According to Dr. William Doherty, it is not the smoking that is the trouble, though experts agree it can put a strain on marriages between smokers and non-smokers. Dr. Doherty believes that people who smoke have a predisposition to behaviours that can be damaging to their relationships.
Earlier studies by Dr. Doherty showed that most smokers pick up the habits as teenagers and are usually from broken homes.
"It appears that smokers have more psychological troubles than non-smokers,'' says Eric Doherty. "It may be that people with more anxiety are drawn to smoking.''
Dr. Jerald Bachman, senior research scientist with the University of Michigan's Institute for Social Research, agrees smokers probably carry more baggage than others. His own research, which monitored 33,000 young adults across the United States from their senior years in high school through to age 32, also showed smokers are more likely to divorce than non-smokers.
"We certainly found higher divorce rates among smokers,'' Dr. Bachman says. "And it is certainly reasonable to assume a correlation between smoking and psychological problems.''
Dr. Bachman's research also showed that it goes both ways. many of the subjects in his study who were light to moderate smokers began smoking more heavily once divorced. When these same people remarried a few years later, they returned to smoking less.
"It might show that being happily married may reduce the amount of cigarettes people smoke, and being unhappily married increases it,'' says Dr. Bachman. "Smoking is probably an irritant in a marriage but I think it's more the case that smoking is a symptom of a range of problems, rather than the cause.'' Related Sites
Institute for Social Research at the University of Michigan
The institute where Dr. Jerald Bachman works.
Families, Systems & Health
The Journal of Collaborative Family Healthcare
The National PostTim Naumetz
Southam News
OTTAWA: Jean Chretien, the Prime Minister, yesterday contradicted Anne McLellan, his Justice Minister, over her claim that the cabinet is reviewing federal laws to eliminate discrimination against gays and lesbians.
After Ms. McLellan had raised the hopes of gay-rights groups early in the day by saying that Mr. Chretien's ministers are reviewing pertinent legislation to comply with recent court rulings, [N.B. See article following this] Mr. Chretien dashed them in the afternoon when he told journalists "it's not on the agenda of the government at this time."
The mixed signal followed reports about Liberal reaction to a 1998 court case involving pension arrangements for a same-sex couple, and a more recent court challenge of nearly 60 federal laws that allegedly discriminate against gay men and lesbians on the basis of sexual orientation.
Ms. McLellan said the federal government's decision not to appeal the 1998 Ontario court ruling -- which ruled it is discriminatory to deny survivor pension benefits to a spouse of the same sex -- has been followed by departmental reviews to ensure the decision is respected in all areas.
The 1998 court decision allowed Nancy Rosenberg, a staff member of the Canadian Union of Public Employees in Ottawa, to name her same-sex partner as the beneficiary of Ms. Rosenberg's pension benefits without penalty under the federal Income Tax Act.
"People have to understand the process we're involved in, coming out of Rosenberg and other decisions, is simply to review federal legislation, policies, and programs, in our respective area, to make sure that they are in accordance with the law," Ms. McLellan told reporters.
"That's what we're doing, individual ministers are doing that. You will have to speak with them as to where the work is at in their respective departments," she said
The statement drew immediate praise from John Fisher, executive director of Equality for Gays and Lesbians Everywhere, and from Robert Gallagher, a director of the Foundation for Equal Families, the organization that launched the recent lawsuit challenging 58 federal statutes.
But, at a brief news conference winding up a two-day caucus retreat, Mr. Chretien scotched any suggestion that sweeping amendments to federal laws are imminent.
"We passed some legislation on that," the prime minister said in reference to an earlier government decision to extend spousal benefits to same-sex couples in the public service.
"There was some decisions of the Supreme Court and we're looking in the applications of these decisions. But I don't know if there is a need for legislation on that.
"There was a story about it, but it's not on the agenda of the government at this time."
As Mr. Chretien was speaking in front of the caucus room, an impatient and terse Ms. McLellan was around the corner in a Centre Block hallway, insisting the government will amend any discriminatory laws.
"We're very aware of what individual judgments have said, the general orientation of the law in this area, and we wish to be respectful of those judgments," she said in a second encounter with reporters.
"There are no directives. I presume that all departments and all ministers are respectful of the law. I would find anything else an amazing proposition."
She added, however, it is up to individual ministers to enforce policy in their own departments.
Ms. McLellan's suggestion that the government plans to act on all areas, including federal pension benefits, tax laws involving exemptions, and the Criminal Code, was opposed by at least one Liberal MP as well as the Reform party.
"I don't agree with it," said Scarborough East Liberal Tom Wappel, who has proposed a private member's bill to make marriage legal only with opposite-sex couples.
"I think that most Canadians are quite happy with the way things are now, with the way they have been for 130 years. I see no reason to have this foisted upon us by the courts.
"Why does it have to be based on sexual relations? These are decisions that must be made not by the courts, but by the House of Commons, in my view."
Eric Lowther, Calgary Centre Reform MP, said taxation and pension benefits, as well as other government programs for heterosexual couples, are intended to support the "procreation and rearing of the next generation," and should not be afforded to gay couples.
"Are we going to extend benefits to anybody who has an emotional attachment?" asked Reform's critic for social and family values.
Mr. Gallagher said he was disappointed by Mr. Chretien's remark, but said he believed the prime minister had not been briefed on the subject.
"This is not a matter of regulatory change," said Mr. Gallagher. "He will find it does require the introduction of legislation."
Related Sites
Foundation for Equal Families
Their proclaimed mandate is mandate is "to achieve equality and recognition for same-sex relationships and associated family rights through legal action and education." Look for updates on their court battles.
The Globe and Mail
Wednesday, January 20, 1999
ERIN ANDERSSEN
Parliamentary Bureau
Ottawa -- The federal government is planning sweeping changes to dozens of pieces of legislation to extend equal rights to same-sex couples.
Pre-empting a losing battle in the country's courts, government sources say, Ottawa has decided to proceed with amendments that will treat homosexual couples the same as heterosexuals in everything from pensions to bankruptcy law to the Criminal Code.
The government's political will to make the changes was strengthened by the fact that there was little evidence of a backlash when Immigration Minister Lucienne Robillard announced two weeks ago that her department will open the door to same-sex immigrant couples.
The major policy shift has been prompted by a growing stack of court cases that say certain existing federal laws violate the Charter by not treating homosexuals and heterosexual couples equally.
"The government has to deal with this sooner or later," a government source said. "It's unavoidable."
A gay and lesbian rights group has launched a massive lawsuit against Ottawa, seeking changes to 58 federal statutes. But David Corbett, lawyer for the Foundation for Equal Families, said the group has made it clear that it is willing to drop the court action if the government proceeds with changes under a set time line. Ottawa has not yet responded officially to the lawsuit.
While the decision has been made to make the changes, sources said the government is still debating how to do it, either with one omnibus bill amending a mass of legislation together or by proceeding individually through each department involved.
High-level discussions are under way in a number of government departments to decide how best to implement the changes.
Beyond the obvious complication of drafting a massive omnibus bill, there is concern that it would create a focal point for opponents of gay rights. As well, cases against some elements of federal law have advanced further than others in the courts and may have to be amended sooner than the time it would take to draft one overhauling bill. A more practical alternative -- and certainly more manageable in terms of writing new legislation -- may be to proceed case by case. The timing of the changes will depend on how the government makes them, since a piecemeal approach would likely get specific legislation amended faster than one large bill.
Either way, with the courts ruling consistently in favour of same-sex rights, the government is seen to have little choice but to make the amendments.
In 1995, when the Supreme Court of Canada said that the Old Age Security Act discriminated against same-sex couples, Ottawa acknowledged that the laws would have to change to reflect a new view of families, but nothing was done.
Last year, however, the government tipped its position when it didn't appeal the Rosenberg case, which declared the definition of spouse in the Income Tax Act was unconstitutional. The ruling from the Ontario Court of Appeal cleared the way for a pension system that allows widowed same-sex partners to collect survivor benefits.
The majority of the legislation that would have to be changed has to do with pensions -- including the Canada Pension Plan and the pensions of a wide range of federal employees, from the Canadian Forces to the RCMP to the federal public service. Under the current CPP, for example, same-sex partners are not eligible for survivor benefits when their partner passes away.
Other problem areas:
People in same-sex relationships can't claim their partner or their partner's children as dependents on income-tax forms.
Registered retirement savings plans cannot be transferred to surviving homosexual partners without that person paying taxes.
Conflict-of-interest guidelines do not require people in same-sex partnerships to disclose their partner's activities, as their heterosexual counterparts must.
The Bank Act or legislation regulating business requires heterosexual spouses to disclose insider information, but does not ask the same thing of same-sex spouses.
The country's bankruptcy laws do not specifically prevent people in same-sex partnerships from shifting their assets to their partner and then declaring bankruptcy.
The Criminal Code does not protect same-sex couples from being forced to testify against each other, as heterosexual couples are protected.
Ottawa Citizen
Ottawa Citizen
National Post
Linda Matchan
New York Times News Service
Meet today's new divorced woman. She is tough, aggressive, and armed to the teeth with ammunition on how to get what she wants in divorce court. It all comes courtesy of a profusion of new books, videos, and workshops geared to teaching women how to go for the jugular when their marriage breaks up.
The language of this material is not just militant but militaristic. It urges women to use "psychological warfare" to trump their husbands. It recommends espionage, furtive behaviour, even, in one book, "enemy reconnaissance."
Many lawyers interviewed say such tactics are not unreasonable. Over the past decade or so, they say, the divorce landscape has changed in ways that have made the legal process more unkind and less gentle than it's ever been for women, particularly mothers seeking custody of their children. They describe a variety of factors, ranging from a feminist movement backlash to a strong lobby by father's rights groups, that make it necessary for today's divorcing woman to fight harder than ever to win in court.
Consider the new book, What Every Woman Should Know About Divorce and Custody by author Sally Abrahms and Philadelphia lawyer Gayle Rosenwald Smith.
"You have to assume you no longer have the edge in custody," the authors caution. "Up until now, women have assumed that they will prevail in court." But "this overconfidence and resulting lack of preparation is tripping them up."
"You will need to view custody as a mind game and position yourself to win," they warn grimly in an opening chapter so disillusioning it's enough to make any mother think twice about leaving.
Other writers contributing to this new genre are even more aggressive, such as lawyers Sharyn Sooho and Steven Fuchs, author of Tao of Divorce: A Woman's Guide to Winning, which they published on the Internet. The book integrates Eastern philosophy with divorce, and urges women to adopt such strategies as "enemy reconnaissance, strategic information, covert planning, and the element of surprise" to get what they want in court. (They do not rule out, for example, ransacking the house for secret places in which the husband might have hidden assets or using his secretary's diary to retrace his whereabouts when investigating adultery.)
Then there is the even more combative Divorce War! 50 Strategies Every Woman Needs to Know to Win by Kansas lawyer Bradley A. Pistotnik. Among the tactics he recommends are "control your husband by being alternately loving and indifferent to keep him in a state of continual concern" and "hire a detective to prove your husband has a bad character, and pay for the services with your husband's money.
"No matter how nice your husband has been, once he has caused you to seek a divorce, it is time to fight," Pistotnik maintains. "Loss of love is a catastrophe. Revenge is all that is left to you."
Advice comes in other forms as well. Lawyer Isabella Jancourtz, author of The Massachusetts Women's Divorce Handbook, teaches a course with a psychiatric social worker at the Cambridge Center for Adult Education designed to help women through the divorce ordeal "by taking their fate into their own hands and by becoming emotionally empowered," says Jancourtz.
A Pennsylvania lawyer has produced a four-hour video -- Navigating Divorce: Women in Control -- teaching women how to get equal control of the family assets. A California woman is in the process of launching Divorced Woman Magazine, which will debut in March. Among the subjects covered will be "shared stories from others who have been there, including financial custody issues," says executive editor Tina Stassis Gustave. "There are millions of women who need help."
"When I started law 18 years ago, the viewpoint was that men made out better with money and women with the kids," says Boston lawyer David Cherny, president-elect of the Massachusetts chapter of the American Academy of Matrimonial Lawyers.
Two working parents are now "more the norm than the aberration," says Cherny, and judges are much more willing to regard fathers as equal and adequate caretakers -- especially since babysitters are doing so much of the caretaking anyway. "Things aren't as automatic as they were."
There have been a lot of changes in the financial arena, too, Cherny says. "Years ago, one spouse was the wage earner and one wasn't, and the rule of thumb was that about one-third of the income was paid as alimony." But now wives often have their own income or the educational ability to earn one. "You find the courts looking at earning potential and saying there isn't as much need for alimony," Cherny says. So women -- despite their hard-won gains in the workplace -- "are almost being penalized. . . What's developed is almost a backlash. It's made for a lot more aggressive litigation over money."
National Post, with files from The Daily Telegraph
The new childcare answer: super-grandparents
Olivia Hart
Deva Gajic has taken early retirement to babysit her children's children.
Starting out retirement changing diapers, heating up bottles, and soothing teething children isn't what most people view as a reward for years of hard work. But according to researchers from the Centre for Family Studies at Newcastle University in Britain, a new generation of super-grandparent is emerging, taking over babysitting, shopping, and housework duties in households vacated for much of the day by dual-income parents.
And even though grandparents are willingly accepted into dual-income households, their advice on upbringing is frequently rejected, the study found.
Mrs. Gajic, who lives in Mississauga, says she belongs to a network of grandmothers who have retired early or taken severance packages to help their children by babysitting the grandchildren.
"Some of us were friends before, but most of us are neighbours who have met on the street while taking strolls with the kids.''
But Mrs. Gajic and other Canadians like her say the early retirement package her company offered, and her daughter's exorbitant day care costs, made the decision easy. There is also a trust issue.
"I have to work and there is no one else I could trust more to look after my child than my own mother,'' says Bianca Edmonds, Mrs. Gajic's daughter.
It's also better value for her babysitting dollar. She pays her mother $100 a week and sometimes dinner is included. But Mrs. Gajic does get some help. After 30 years working days, Mr. Gajic has switched to an afternoon shift to help his wife look after their grandchild.
"We love it,'' they say. Adds Mrs. Gajic: "We haven't been this happy in a long time; we can't wait for more [grand] kids.''
Alice Garcia didn't want to quit her job and babysit her grandchild, but then she "fell in love with the little fella'' and even took in her sister-in-law's grandchild.
Joe Bush retired early to help his wife babysit their grandchildren. They drive from Scarborough to Pickering each day to look after their daughter's growing family.
Joan Norris, professor of family relations at the University of Guelph, has studied the moral importance of grandparents in the family. However, she says the grandparents interviewed have mentioned they "don't want to be permanent babysitters, but that they would help if they had to.''
She also says that to her knowledge there isn't a study addressing the issue of grandparents leaving work to become babysitters, and admits that if studies were done, cultural and social-economic backgrounds could produce very different results.
The Newcastle study found that the rise in double income families, combined with increased longevity, had led to the increase in grandparents' involvement. Grandparents that became fulltime babysitters thought they played a much more valuable role than their parents had, the study says. However, there was "considerable negotiation'' over what constituted support and what was considered interference. Most grandparents found it difficult reconciling the heavy support they gave with the little input they were allowed over decisions.
When asked whether her son had any objections to how she looked after her grandchild, Mrs. Gajic said: "Oh yeah, every day. But I just ignore her. I mean, I raised four girls and she thinks I'm doing things the wrong way . . . we fight, but then she comes over and says, 'Mom, let's go shopping.' ''

