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Dr. Hager's Family Values
The Nation
article | posted May 11, 2005 (May 30, 2005 issue)
Ayelish McGarvey
Late last October Dr. W. David Hager, a prominent obstetrician-gynecologist
and Bush Administration appointee to the Advisory Committee for Reproductive
Health Drugs in the Food and Drug Administration (FDA), took to the pulpit as
the featured speaker at a morning service. He stood in the campus chapel at
Asbury College, a small evangelical Christian school nestled among picturesque
horse farms in the small town of Wilmore in Kentucky's bluegrass region. Hager
is an Asburian nabob; his elderly father is a past president of the college,
and Hager himself currently sits on his alma mater's board of trustees. Even
the school's administrative building, Hager Hall, bears the family name.
That day, a mostly friendly audience of 1,500 students and faculty packed
into the seats in front of him. With the autumn sunlight streaming through the
stained-glass windows, Hager opened his Bible to the Old Testament Book of
Ezekiel and looked out into the audience. "I want to share with you some
information about how...God has called me to stand in the gap," he declared.
"Not only for others, but regarding ethical and moral issues in our
country."
For Hager, those moral and ethical issues all appear to revolve around sex:
In both his medical practice and his advisory role at the FDA, his ardent
evangelical piety anchors his staunch opposition to emergency contraception,
abortion and premarital sex. Through his six books--which include such titles
as Stress and the Woman's Body and As Jesus Cared for Women, self-help tomes
that interweave syrupy Christian spirituality with paternalistic advice on
women's health and relationships--he has established himself as a leading
conservative Christian voice on women's health and sexuality.
And because of his warm relationship with the Bush Administration, Hager has
had the opportunity to see his ideas influence federal policy. In December 2003
the FDA advisory committee of which he is a member was asked to consider
whether emergency contraception, known as Plan B, should be made available over
the counter. Over Hager's dissent, the committee voted overwhelmingly to
approve the change. But the FDA rejected its recommendation, a highly unusual
and controversial decision in which Hager, The Nation has learned, played a key
role. Hager's reappointment to the committee, which does not require
Congressional approval, is expected this June, but Bush's nomination of Dr.
Lester Crawford as FDA director has been bogged down in controversy over the
issue of emergency contraception. Crawford was acting director throughout the
Plan B debacle, and Senate Democrats, led by Hillary Clinton and Patty Murray,
are holding up his nomination until the agency revisits its decision about
going over the counter with the pill.
When Hager's nomination to the FDA was announced in the fall of 2002, his
conservative Christian beliefs drew sharp criticism from Democrats and
prochoice groups. David Limbaugh, the lesser light in the Limbaugh family and
author of Persecution: How Liberals Are Waging Political War Against
Christianity, said the left had subjected Hager to an "anti-Christian litmus
test." Hager's valor in the face of this "religious profiling" earned him the
praise and lasting support of evangelical Christians, including such luminaries
as Charles Colson, Dr. James Dobson and Franklin Graham, son of the Rev. Billy
Graham.
Back at Asbury, Hager cast himself as a victim of religious persecution in
his sermon. "You see...there is a war going on in this country," he said
gravely. "And I'm not speaking about the war in Iraq. It's a war being waged
against Christians, particularly evangelical Christians. It wasn't my
scientific record that came under scrutiny [at the FDA]. It was my faith.... By
making myself available, God has used me to stand in the breach.... Just as he
has used me, he can use you."
Up on the dais, several men seated behind Hager nodded solemnly in
agreement. But out in the audience, Linda Carruth Davis--co-author with Hager
of Stress and the Woman's Body, and, more saliently, his former wife of
thirty-two years--was enraged. "It was the most disgusting thing I've ever
heard," she recalled months later, through clenched teeth.
According to Davis, Hager's public moralizing on sexual matters clashed with
his deplorable treatment of her during their marriage. Davis alleges that
between 1995 and their divorce in 2002, Hager repeatedly sodomized her without
her consent. Several sources on and off the record confirmed that she had told
them it was the sexual and emotional abuse within their marriage that
eventually forced her out. "I probably wouldn't have objected so much, or felt
it was so abusive if he had just wanted normal [vaginal] sex all the time," she
explained to me. "But it was the painful, invasive, totally nonconsensual
nature of the [anal] sex that was so horrible."
Not once during the uproar over Hager's FDA appointment did any reporter
solicit the opinion of the woman now known as Linda Davis--she remarried in
November 2002 to James Davis, a Methodist minister, and relocated to southern
Georgia--on her husband's record, even though she contributed to much of his
self-help work in the Christian arena (she remains a religious and political
conservative). She intermittently thought of telling her story but refrained,
she says, out of respect for her adult children. It was Hager's sermon at
Asbury last October that finally changed her mind. Davis was there to hear her
middle son give a vocal performance; she was prepared to hear her ex-husband
inveigh against secular liberals, but she was shocked to hear him speak about
their divorce when he took to the pulpit.
"In early 2002," Hager told the churchgoers that day, "my world fell
apart.... After thirty-two years of marriage, I was suddenly alone in a new
home that we had built as our dream home. Time spent 'doing God's will' had
kept me from spending the time I needed to nourish my marriage." Hager noted
with pride that in his darkest hour, Focus on the Family estimated that 50
million people worldwide were praying for him.
Linda Davis quietly fumed in her chair. "He had the gall to stand under the
banner of holiness of the Lord and lie, by the sin of omission," she told me.
"It's what he didn't say--it's the impression he left."
David Hager is not the fringe character and fundamentalist faith healer that
some of his critics have made him out to be. In fact, he is a well-credentialed
doctor. In Kentucky Hager has long been recognized as a leading Ob-Gyn at
Lexington's Central Baptist Hospital and a faculty member at the University of
Kentucky's medical school. And in the 1990s several magazines, including Modern
Healthcare and Good Housekeeping, counted him among the best doctors for women
in the nation.
Yet while Hager doesn't advocate the substitution of conservative
Christianity for medicine, his religious ideology underlies an all-encompassing
paternalism in his approach to his women patients. "Even though I was trained
as a medical specialist," Hager explained in the preface to As Jesus Cared for
Women, "it wasn't until I began to see how Jesus treated women that I
understood how I, as a doctor, should treat them." To underscore this
revelation, Hager recounted case after case in which he acted as confidant,
spiritual adviser and even father figure to his grateful patients. As laid out
in his writings, Hager's worldview is not informed by a sense of inherent
equality between men and women. Instead, men are expected to act as benevolent
authority figures for the women in their lives. (In one of his books, he refers
to a man who raped his wife as "selfish" and "sinful.") But to model gender
relations on the one Jesus had with his followers is to leave women dangerously
exposed in the event that the men in their lives don't meet the high standard
set by God Himself--trapped in a permanent state of dependence hoping to be
treated well.
In tandem with his medical career, Hager has been an aggressive advocate for
the political agenda of the Christian right. A member of Focus on the Family's
Physician Resource Council and the Christian Medical and Dental Society, Hager
assisted the Concerned Women for America in submitting a "Citizen's Petition"
to the FDA in August 2002 to halt distribution and marketing of the abortion
pill, RU-486. It was this record of conservative activism that ignited a
firestorm when the Bush Administration first floated his name for chairman of
the FDA's advisory committee in the fall of 2002. In the end, the FDA found a
way to dodge the controversy: It issued a stealth announcement of Hager's
appointment to the panel (to be one of eleven members, not chairman) on
Christmas Eve. Liberals were furious that they weren't able to block his
appointment. For many months afterward, an outraged chain letter alerting women
to the appointment of a man with religious views "far outside the mainstream"
snaked its way around the Internet, lending the whole episode the air of urban
legend.
Back in Lexington, where the couple continued to live, Linda Hager, as she
was still known at the time, was sinking into a deep depression, she says.
Though her marriage had been dead for nearly a decade, she could not see her
way clear to divorce; she had no money of her own and few marketable skills.
But life with David Hager had grown unbearable. As his public profile
increased, so did the tension in their home, which she says periodically
triggered episodes of abuse. "I would be asleep," she recalls, "and since [the
sodomy] was painful and threatening, I woke up. Sometimes I acquiesced once he
had started, just to make it go faster, and sometimes I tried to push him
off.... I would [confront] David later, and he would say, 'You asked me to do
that,' and I would say, 'No, I never asked for it.'"
I first heard of Davis's experience in 2004 through a friend of hers. After
a few telephone conversations, she agreed to have me fly down to see her in her
modest parsonage in Georgia, to tell me her story on the record. With her mod
reading glasses, stylish bob and clever outfits, Davis, 55, is a handsome woman
with a sharp wit. She spoke with me over two days in January.
Linda Davis (née Carruth) first met David Hager on the campus of
Asbury College in 1967. "On the very first date he sat me down and told me he
was going to marry me," Davis remembers. "I was so overwhelmed by this
aggressive approach of 'I see you and I want you' that I was completely seduced
by it."
Davis, a former beauty queen, was a disengaged student eager to get married
and start a family. A Hager-Carruth marriage promised prestige and wealth for
the couple; her father was a famous Methodist evangelist, and his father was
then president of Asbury. "On the surface, it just looked so good," she
remembers. The couple married in 1970, while Hager completed medical school at
the University of Kentucky.
"I don't think I was married even a full year before I realized that I had
made a horrible mistake," Davis says. By her account, Hager was demanding and
controlling, and the couple shared little emotional intimacy. "But," she says,
"the people around me said, 'Well, you've made your bed, and now you have to
lie in it.'" So Davis commenced with family making and bore three sons: Philip,
in 1973; Neal, in 1977; and Jonathan, in 1979.
Sometime between the births of Neal and Jonathan, Hager embarked on an
affair with a Bible-study classmate who was a friend of Davis's. A close friend
of Davis's remembers her calling long distance when she found out: "She was
angry and distraught, like any woman with two children would be. But she was
committed to working it out."
Sex was always a source of conflict in the marriage. Though it wasn't
emotionally satisfying for her, Davis says she soon learned that sex could
"buy" peace with Hager after a long day of arguing, or insure his forgiveness
after she spent too much money. "Sex was coinage; it was a commodity," she
said. Sometimes Hager would blithely shift from vaginal to anal sex. Davis
protested. "He would say, 'Oh, I didn't mean to have anal sex with you; I can't
feel the difference,'" Davis recalls incredulously. "And I would say, 'Well
then, you're in the wrong business.'"
By the 1980s, according to Davis, Hager was pressuring her to let him
videotape and photograph them having sex. She consented, and eventually she
even let Hager pay her for sex that she wouldn't have otherwise engaged in--for
example, $2,000 for oral sex, "though that didn't happen very often because I
hated doing it so much. So though it was more painful, I would let him sodomize
me, and he would leave a check on the dresser," Davis admitted to me with some
embarrassment. This exchange took place almost weekly for several years.
Money was an explosive issue in their household. Hager kept an iron grip on
the family purse strings. Initially the couple's single checking account was in
Hager's name only, which meant that Davis had to appeal to her husband for
cash, she says. Eventually he relented and opened a dual account. Davis recalls
that Hager would return home every evening and make a beeline for his office to
balance the checkbook, often angrily summoning her to account for the money
she'd spent that day. Brenda Bartella Peterson, Davis's friend of twenty-five
years and her neighbor at the time, witnessed Hager berate his wife in their
kitchen after one such episode. For her part, Davis set out to subvert Hager's
financial dominance with profligate spending on credit cards opened in her own
name. "I was not willing to face reality about money," she admits. "I thought,
'Well, money can't buy happiness, but it buys the kind of misery you can learn
to live with.'"
These financial atmospherics undoubtedly figured into Linda's willingness to
accept payment for sex. But eventually her conscience caught up with her.
"Finally...I said, 'You know, David, this is like being a prostitute. I just
can't do this anymore; I don't think it's healthy for our relationship,'" she
recalls.
By 1995, according to Davis's account, Hager's treatment of his wife had
moved beyond morally reprehensible to potentially felonious. It was a uniquely
stressful year for Davis. Her mother, dying of cancer, had moved in with the
family and was in need of constant care. At the same time, Davis was suffering
from a seemingly inexplicable exhaustion during the day. She began exhibiting a
series of strange behaviors, like falling asleep in such curious places as the
mall and her closet. Occasionally she would--as she describes it--"zone out" in
midsentence in a conversation, and her legs would buckle. Eventually, Davis was
diagnosed as having narcolepsy, a neurological disorder that affects the
brain's ability to regulate normal sleep-wake cycles.
For Davis, the diagnosis spelled relief, and a physician placed her on
several medications to attain "sleep hygiene," or a consistent sleep pattern.
But Davis says it was after the diagnosis that the period of the most severe
abuse began. For the next seven years Hager sodomized Davis without her consent
while she slept roughly once a month until their divorce in 2002, she claims.
"My sense is that he saw [my narcolepsy] as an opportunity," Davis surmises.
Sometimes she fought Hager off and he would quit for a while, only to circle
back later that same night; at other times, "the most expedient thing was to
try and somehow get it [over with]. In order to keep any peace, I had to
maintain the illusion of being available to him." At still other moments, she
says, she attempted to avoid Hager's predatory advances in various ways--for
example, by sleeping in other rooms in the house, or by struggling to stay
awake until Hager was in a deep sleep himself. But, she says, nothing worked.
One of Davis's lifelong confidantes remembers when Davis first told her about
the abuse. "[Linda] was very angry and shaken," she recalled.
As Hager began fielding calls from the White House personnel office in 2001,
the stress in the household--and, with it, the abuse--hit an all-time high,
according to Davis. She says she confronted her husband on numerous occasions:
"[I said to him,] 'Every time you do this, I hate your guts. And it blows a
bridge out between us that takes weeks, if not months, to heal.'" She says that
Hager would, in rare instances, admit what he had done and apologize, but
typically would deny it altogether.
For a while, fears of poverty, isolation and damnation were enough to keep
Davis from seeking a divorce. She says that she had never cheated on Hager, but
after reuniting with a high school sweetheart (not her current husband) in the
chaotic aftermath of September 11, she had a brief affair. En route to their
first, and only, rendezvous, she prayed aloud. "I said to the Lord, 'All right.
I do not want to die without having sex with someone I love,'" she remembers.
"'I want to know what that's like, Lord. I know that it's a sin, and I know
this is adultery. But I have to know what it's like.'"
Davis was sure that God would strike her dead on her way home that weekend.
But when nothing happened, she took it as a good sign. Back in Lexington, she
walked through her front door and made a decision right there on the spot. "I
said, 'David, I want a divorce.'"
Marital rape is a foreign concept to many women with stories like this one.
Indeed, Linda Davis had never heard the term until midway through her divorce.
In Kentucky a person is guilty of rape in the first degree when he engages in
sexual intercourse with another person by "forcible compulsion"; or when the
victim is incapable of consent because she is physically helpless. The same
standards apply to the crime of sodomy in the first degree (equivalent to rape,
and distinct from consensual sodomy). Both are felonies.
In sexual assault cases, the outcome hinges on the issue of consent. A
high-level domestic violence prosecutor in Kentucky confirmed that a scenario
such as this one, in which Davis was in a deep sleep from the narcolepsy, could
meet the "physically helpless" standard required for a first-degree offense. A
prosecutor could also argue that Hager engaged in sodomy with Davis by means of
forcible compulsion, even though the alleged encounters did not involve
violence. According to the Kentucky Supreme Court's decision in 1992 in Yarnell
v. Commonwealth, a climate of abuse involving "constant emotional, verbal, and
physical duress" is tantamount to forcible compulsion. In that case, the
victims submitted to the sex acts to avoid a loss of financial security, as
well as to maintain peace in the household.
Historically, the legal system has long been indifferent to the crime of
marital sexual assault; as recently as twelve years ago in some states, it was
legal for a man to force his wife physically into sex, or commence having sex
without her consent--actions that could land a stranger in jail. Until 2000 the
Kentucky Penal Code still contained archaic procedural obstacles for
prosecuting marital rape, including a requirement that it be reported within
one year of the offense. (No other felony--including "stranger rape"--contains
a statute of limitations.) Even today, marital sexual assault is a notoriously
difficult crime to prosecute. Women like Davis often have strong financial
incentives to stay with their spouses; those who speak out frequently face an
uphill battle to convince people that their husbands, who may be well liked and
respected, are capable of something this ugly at home. Also, because marriages
play out over many years, some sex is consensual, while other sex is not--a
fact that may complicate matters for a jury in a criminal proceeding.
Linda Davis chose not to bring allegations of marital rape into her divorce
proceedings; her foremost desires at the time were a fair settlement and
minimal disruption for her sons. Nonetheless, she informed her lawyer of the
abuse. Natalie Wilson, a divorce attorney in Lexington, asked Linda to draw up
a working chronology of her marriage to Hager. "[It] included references to
what I would call the sexual abuse," Wilson explained. "I had no reason not to
believe her.... It was an explanation for some of the things that went on in
the marriage, and it explained her reluctance to share that information with
her sons--which had resulted in her sons' being very angry about the fact that
she was insisting on the divorce."
As it turned out, when the dust settled after their divorce, nearly everyone
in the Hagers' Christian and medical circles in Lexington had sided with Hager,
who told people that his wife was mentally unstable and had moved in with
another man (she moved in with friends).
Davis had only told a handful of people about the abuse throughout her
marriage, but several of her longtime confidantes confirmed for this article
that she had told them of the abuse at the time it was occurring. Wilson, the
attorney, spoke to me on the record, as did Brenda Bartella Peterson, Davis's
close friend of twenty-five years. Several others close to Davis spoke to me
off the record. Two refused to speak to me and denounced Davis for going
public, but they did not contest her claims. Many attempts to interview nearly
a dozen of Hager's friends and supporters in Lexington and around the country
were unsuccessful.
As for David Hager, after repeated attempts to interview him for this story,
we finally spoke for nearly half an hour in early April. That conversation was
off the record. "My official comment is that I decline to comment," he
said.
As disturbing as they are on their own, Linda Davis's allegations take on
even more gravity in light of Hager's public role as a custodian of women's
health. Some may argue that this is just a personal matter between a man and
his former wife--a simple case of "he said, she said" with no public
implications. That might be so--if there were no allegations of criminal
conduct, if the alleged conduct did not bear any relevance to the public
responsibilities of the person in question, and if the allegations themselves
were not credible and independently corroborated. But given that this case
fails all of those tests, the public has a right to call on Dr. David Hager to
answer Linda Davis's charges before he is entrusted with another term. After
all, few women would knowingly choose a sexual abuser as their gynecologist,
and fewer still would likely be comfortable with the idea of letting one serve
as a federal adviser on women's health issues.
(Lest inappropriate analogies be drawn between the Hager accusations and the
politics of personal destruction that nearly brought down the presidency of
Bill Clinton, it ought to be remembered that President Clinton's sexual
relationship with Monica Lewinsky was never alleged to be criminal and did not
affect his ability to fulfill his obligations to the nation. This, of course,
did not stop the religious right from calling for his head. "The topic of
private vs. public behavior has emerged as perhaps the central moral issue
raised by Bill Clinton's 'improper relationship,'" wrote evangelist and Hager
ally Franklin Graham at the time. "But the God of the Bible says that what one
does in private does matter. There needs to be no clash between personal
conduct and public appearance.")
Hager's FDA assignment is an object lesson in the potential influence of a
single appointment to a federal advisory committee that in turn affects
thousands, even millions, of lives. Witness the behind-the-scenes machinations
that set the stage for the FDA's ruling against Plan B, a decision that the
American College of Obstetricians and Gynecologists called a "dark stain on the
reputation of an evidence-based agency like the FDA."
On December 16, 2003, twenty-seven of the FDA's advisers on women's health
and nonprescription drugs gathered in Gaithersburg, Maryland, to evaluate the
safety and efficacy of emergency contraception for over-the-counter use. (The
Plan B pill, which drastically reduces the risk of pregnancy when used within
seventy-two hours after intercourse, has long been available by prescription
only; its advocates say its greater availability could significantly reduce the
nation's abortion rate.) After a long day of highly technical deliberation, the
advisers voted 23 to 4 to drop the prescription-only status of emergency
contraception. "I've been on this committee...for almost four years, and I
would take this to be the safest product that we have seen brought before us,"
announced Dr. Julie Johnson, a professor at the University of Florida's
Colleges of Pharmacy and Medicine.
But on May 6, 2004, the FDA rejected the advice of its own experts and
refused to approve the sale of Plan B over the counter. In his letter to Barr
Laboratories, Steven Galson, acting director of the FDA's Center for Drug
Evaluation and Research, claimed that Barr had not provided adequate data
showing just how young adolescent women would actually use the drug.
That issue was never voted on by the committee. It was, however, broached by
Hager at the meeting; he mentioned his concern for these "younger adolescents"
several times.
In his private practice back in Kentucky, Hager doesn't prescribe emergency
contraception, because he believes it is an abortifacient, and, not
surprisingly, his was one of the four votes against widening its availability.
But rather than voice his ethical opposition to the product, Hager emphasized
his concern about adolescents, which other committee members have since called
a "political fig leaf." According to Dr. James Trussell, who voted in favor of
Plan B, the FDA had at hand six studies examining whether teens as young as 15
would increase their "risky" behavior if they knew they had a backup emergency
contraceptive--and none of the studies showed any evidence for that
contention.
In his sermon at Asbury College last fall, Hager proudly recounted his role
in the Plan B decision. "After two days of hearings," he said, "the committees
voted to approve this over-the-counter sale by 23 to 4. I was asked to write a
minority opinion that was sent to the commissioner of the FDA.... Now the
opinion I wrote was not from an evangelical Christian perspective.... But I
argued it from a scientific perspective, and God took that information, and He
used it through this minority report to influence the decision." [Emphasis
added.]
None of the four panel members I spoke with for this article were aware of
Hager's "minority opinion." An FDA spokeswoman told me that "the FDA did not
ask for a minority opinion from this advisory committee," though she was unable
to say whether any individual within the agency had requested such a document
from Hager. This past January the FDA missed a deadline to respond to a new
application from Barr Laboratories, and any forward motion on making Plan B
more widely available has completely stalled.
Meanwhile, David Hager's stock has been rising among conservatives. Though
his term on the FDA panel is set to expire on June 30, observers on both sides
of the political divide anticipate his reappointment. In March I spoke with
Janice Shaw Crouse, executive director and senior fellow at the Beverly LaHaye
Institute, the research arm of Concerned Women for America. She is one of
Hager's staunchest advocates in Washington (some credit her with engineering
his FDA appointment); Crouse sits alongside Hager on Asbury College's board of
trustees. In May, when informed of the allegations against him, she declined to
revise her earlier statement. "I would not be at all surprised to see Dr. Hager
elevated to a higher position or to another very influential position when it
comes to women's care," she told me. "Because he has shown that he does care
about women regardless of...the [religious] issues that people want to try to
raise.... When people try to discredit him, he continues on. He hasn't caved
in, and he hasn't waffled. He has been a gentleman. He is a person of character
and integrity, and I think people admire that."
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