acknowledge their parenthood and assume the attendant responsibilities.
I might remark here that some communities have tried to deal with
this question in what seems to me a very bungling manner, namely: by
forcing the “seducer” of a woman under the legal age of consent to
choose between marrying her and going to jail. Such laws represent
concessions to traditional prejudices, and have little relation either
to justice or common sense. They take no cognizance of the inclination
of the parties or their fitness for marriage; hence they afford a
stupid way of legitimizing the child. It would be much more sensible to
regard every child as legitimate by the very fact of having arrived in
the world, and to demand of its parents a full discharge of parental
responsibility, without complicating it with the very different
question of marital obligations. Another legal provision which is as
general as it is humiliating to women is that which permits a father to
recover damages from the seducer of his daughter. This law, which is in
force in several of our States, is supposed to find justification in
the daughter’s status as a servant in her father’s house; but since the
law grants him no similar redress for the seduction of a servant who is
not his daughter, it is evident that its real basis is in a surviving
notion of woman as the natural property of a male owner. These laws do
not lessen the disgrace that attaches to extra-legal birth; rather they
recognize and endorse it.
The importance of abolishing illegitimacy is not to be underrated,
for it means the removal of the legal sanctions which have enforced a
barbarous custom. But the abolition of illegitimacy can not be expected
entirely to remove the stigma attaching to unmarried motherhood and
birth out of wedlock. That will disappear only when the economic
independence of women shall have resulted in a spiritual independence
which will lead them to examine critically the social dogmas that
have been forced upon them, and to repudiate those which conflict
with justice. In other words, it will involve an adaptation to more
humane ethical standards; an adaptation which has begun but may be
long in reaching completion, for superstition and taboo are not easily
eradicated.
II
Public-domain text, read in full here on John Shaqi.
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