This is hardly to be regarded as a prophecy, for the revolt has already
begun. A small minority of women in Europe have for some time been
denouncing this injustice, the most prominent among them being the
famous Swedish champion of childhood, Ellen Key. Their influence
has already been reflected in the laws of several countries. In
Scandinavia, in Switzerland, and even in France, laws have already
been enacted either removing or modifying the legal disabilities of
the child born out of wedlock, and fixing the responsibilities of the
father. There are similar laws in Australia and New Zealand. These
laws vary in scope, but their general tendency is toward the abolition
of illegitimacy and recognition of joint parental responsibility for
every child brought into the world. In this country, where unjust
legal discriminations against unmarried mothers and their children are
still in force, the Woman’s Party is demanding laws recognizing every
child as legitimate, and determining the responsibilities of unmarried
parents. The abolition of illegitimacy will naturally mean that the
child of unmarried parents will have the same right to the father’s
name, and to support and inheritance, as the child born in wedlock.
There is a general impression, to which I have adverted, that marriage
is a great protection to women. Bachofen and his followers even went
so far as to suppose that she herself originally devised it for that
purpose. This school quite overlooked the fact that in so far as it has
been a protection it has been so only because society has been inimical
to her interests, and has allowed her no other defence against itself.
Marriage has certainly not protected her in the past from hard labour,
cruelty, and mental and spiritual deterioration. In spite of these
well-known facts, the notion persists that it is of inestimable benefit
to her; and those influenced by this superstition are likely to fear
that to abolish illegitimacy, with its humiliating consequences, will
be to encourage “free love” and thus to expose women to victimization
by unscrupulous men. Such a view not only carries an untenable
assumption of feminine inferiority, but it carries an equally untenable
assumption that marriage constitutes a protection against victimization
by unscrupulous men. Not only did our marriage-laws until recently give
a woman into the absolute power of her husband, however unscrupulous he
might be, but they left her no way of escape. On the other hand, they
protected the husband’s sexual monopoly of his wife and his right to be
considered the only legal parent of their children. Indeed, the law
has gone further; it has exposed women to victimization by protecting
men from detection in illegitimate parentage. Laws equalizing the
responsibilities of men and women towards illegitimate children, will
reduce temptation to unscrupulous conduct, for men will be aware
that if it result in the birth of a child they will be obliged to
Public-domain text, read in full here on John Shaqi.
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