Gildea, Lorie S.

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Introduction to Parental Alienation Analysis, Domestic Violence, and Gender Bias in Minnesota Courts

University of Minnesota Law School

Law & Inequality: A Journal of Theory and PracticeVolume 29 | Issue 1 Article 12011Introduction to Parental Alienation Analysis,Domestic Violence, and Gender Bias in MinnesotaCourtsLorie S. GildeaFollow this and additional works at: http://scholarship.law.umn.edu/lawineqLaw & Inequality: A Journal of Theory and Practice is published by theUniversity of Minnesota Libraries Publishing.Recommended CitationLorie S. Gildea, Introduction to Parental Alienation Analysis, Domestic Violence, and Gender Bias in Minnesota Courts, 29 Law & Ineq. 1(2011).Available at: http://scholarship.law.umn.edu/lawineq/vol29/iss1/11Introduction to Parental AlienationAnalysis, Domestic Violence, and GenderBias in Minnesota CourtsLorie S. GildeatMy thanks to Law and Inequality: A Journal of Theory andPractice for giving me the opportunity to introduce Rita Berg'sarticle, Parental Alienation Analysis, Domestic Violence, andGender Bias in Minnesota Courts.I In this introduction, I hope toexplain how this thought-provoking article came to be.The framework for Berg's article was an October 27, 2009gathering in St. Paul of leaders from Minnesota's judiciary andlegal community. 2 We assembled on that fall day to honor andrecognize the work of the Minnesota Supreme Court Task Forcefor Gender Fairness in the Courts. The Task Force's charge was"to explore the extent to which gender bias exists in the Minnesotastate court system, to identify and document gender bias wherefound, and to recommend methods for its elimination."3 Themembers of the Task Force included lawyers, judges, educators,and active citizens.4The Task Force members devoted two years to their charge.5They held public hearings and meetings around the state andconducted numerous surveys.6 They listened.7 And then, theyt. Chief Justice, Minnesota Supreme Court. Associate Justice, MinnesotaSupreme Court, 2006-10. Judge, Fourth Judicial District, Hennepin County,2005-06. Prosecutor, Hennepin County Attorney's Office, 2004-05. AssociateGeneral Counsel, University of Minnesota, 1993-2004. Private practice,Washington, D.C., 1986-93. J.D., Georgetown University Law Center, 1986; B.A.,University of Minnesota-Morris, 1983.1. Rita Berg, Parental Alienation Analysis, Domestic Violence, and GenderBias in Minnesota Courts, 29 LAW & INEQ. 5 (2011).2. See Leo I. Brisbois, We Are All Related, 66 BENCH & B. MINN. 7, 7 n.2 (2009).3. Rosalie Wahl, Preface to MINN. SUPREME COURT TASK FORCE FOR GEND.FAIRNESS IN THE COURTS, FINAL REPORT ix (1989).4. Id.5. MINN. SUPREME COURT TASK FORCE FOR GEND. FAIRNESS IN THE COURTS,FINAL REPORT 110 (1989) [hereinafter FINAL REPORT].6. See id. at 1-2.7. See Wahl, supra note 3, at ix ("But most instructive and sobering was theexperience of sitting and listening as ordinary, indeed extraordinary, citizens-women and men-came forward with great difficulty and obvious effort to sharetheir agonizing experiences of how the court system had dealt with them and theirLaw and Inequalityanalyzed all of the data that were collected.8 The Task Forcepresented its work, findings, and recommendations to the Court inSeptember 1989.9 The Task Force report organized its findingsand recommendations into four chapters: (1) family law, (2)domestic violence, (3) criminal and civil justice, and (4) courtroomenvironment. 10At the time of the Task Force's work in the late 1980s, "48%of the female attorneys . . . said that gender bias in the courts iswidespread but subtle and hard to detect.""1 The Task Force mademany recommendations to address its findings of gender bias.' 2Some of the recommendations were easier to implement thanothers. For example, the Task Force recommended that allgender-biased language be eliminated in court rules and courtdocuments.13 The Task Force recommended more funding forprogramming and changes in legislation.14 Finally, many of therecommendations sought better and more complete education forjudges and court employees.15The Minnesota Supreme Court established a standingcommittee to implement the recommendations from the TaskForce-the Gender Fairness Implementation Committee.16 Sincemy arrival on the court in January 2006, I have had the honor ofchairing this committee. The full scope of the implementationcommittee's work cannot be captured by this foreword, but tohighlight the twenty years of work that made our judicial systemmore gender-fair and to recognize the Task Force, the committeehosted the October 2009 gathering in conjunction with MinnesotaWomen Lawyers' annual Rosalie Wahl lecture.17 We gathered tocelebrate the progress we have made and to discuss the progresswe have yet to make.We also partnered with the academic community in hostingthe event. As part of that partnership, we sponsored a studentperceptions of the quality of justice which had been afforded them.").8. Id.9. See id. at i-ix.10. See id. at iii.11. See FINAL REPORT, supra note 5, at 3.12. See generally MINN. SUPREME COURT TASK FORCE FOR GEND. FAIRNESS INTHE COURTS, REPORT SUMMARY (1989) (summarizing Task Force findings andrecommendations).13. See FINAL REPORT, supra note 5, at 102.14. See id. at 47, 54.15. See id. at 100, 104.16. MINN. SUPREME COURT TASK FORCE FOR GEND. FAIRNESS IN THE COURTSapp. (1989).17. See Brisbois, supra note 2, at 7 n.2.2 [Vol. 29:12011] INTRODUCTION TO PARENTAL ALIENATIONwriting competition where we encouraged law students to writepapers on topics relating to the four chapters in the Task Force'sreport. The article that follows is the winning article submitted inthe family law area.Berg's article, Parental Alienation Analysis, DomesticViolence, and Gender Bias in Minnesota Courts, is an insightfullook at the way modern social science may be used and misused bythe court system. Specifically, Berg's article suggests that thetheory of parental alienation syndrome has been misapplied incourt when utilized in the context of domestic abuse. 18 She arguesthat, at least in some instances, mothers who are victims ofspousal abuse and who act to shield their children from their ex-husbands are at risk of losing custody of their children in court tothese very abusers because the courts are not equipped to addressthe reality of domestic abuse.' 9  Berg contends that parentalalienation syndrome, while a potentially useful theory, was neverintended to be applied in the context of domestic abuse and arguesthat we should encourage more awareness of the risks of genderbias in the theory's misapplication. 20 Berg's article is a valuablereminder that ideas have consequences and that we must becareful of how we allow social science and gender stereotypes toinfluence our thinking.I extend my congratulations to Berg and to Law andInequality for fostering this important discussion.18. Berg, supra note 1, Part II.19. Id.20. Id. Part I.B.3

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Introduction to Parental Alienation Analysis, Domestic Violence, and Gender Bias in Minnesota Courts

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