Dorf on Law

Mostly law-related musings by Cornell Professor Michael Dorf and some of his lawyer/professor friends

Sunday, January 21, 2007

Whence the Opposition to California's Proposed Spanking Ban

A proposal by California Assemblywoman Sally Lieber (D) to make spanking of a child under three years old a misdemeanor has drawn sharp opposition from state Republicans, although not from the new kinder gentler Governator (himself a frequent spankee as a youth). Developmental psychologists are virtually unanimous that spanking very young children is ineffective or counter-productive, as it teaches them to resort to violence themselves. So why the opposition?

One possibility is religion. "Spare the rod, spoil the child" is a Biblical maxim, and in fact, some religious conservatives continue to promote spanking. However, based on my brief web-surfing of conservative Christian websites, it appears that even most religious conservatives believe spanking should be used rarely, that other forms of discipline should be preferred, and that spanking should never be administered in anger. I don't see the opposition to a proposed spanking ban as primarily based in religion.

My own guess, based on quoted statements of opponents of the proposed ban, is that opposition has less to do with its specifics than with general opposition to, for lack of a better term, "the nanny state." If the government can ban spanking, it can ban smoking in the home (probably worse for children's health than infrequent spanking), and even require that children be fed healthy food (which, as one conservative commentator helpfully explains, will make your kids gay.)

At least I hope that opposition to the spanking ban simply reflects a more general embrace of parental rights, rather than Californians' desire to hit infants and toddlers. But if the spanking controversy gets traction, look for it as a wedge issue in the '08 Presidential election!

2 Comments:

  • At 3:41 PM, Blogger Christy said…

    Of course no one should hit a child, let alone one under the age of three. But criminally sanctioning a parent who resorts to this type of behavior (as compared with more serious child abuse) hardly seems the answer to changing it. My guess is that most parents who spank do so when they are overwhelmed and frustrated. I would also guess that many are simply unaware of other, more effective, ways to deal with an upset or unruly kid. I worry that this law, if passed, would most often punish those parents who are already embroiled with the child welfare system. Rather than waste money prosecuting families stuck in the cycle of poverty, it would seem more effective to spend tax dollars wisely on things like safe, quality day care, universal preschool, and parenting classes for pregnant teens and young parents.

     
  • At 4:09 PM, Blogger Michael C. Dorf said…

    Agreed. That's why the proposed penalty is instruction for parents in other forms of discipline -- a bit like traffic school for tickets.

     

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