Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
The discrimination made by the common law between men and women, was
based alone upon the assumption that women were, and must be always
dependent by reason of their sex. In the light of a broader humanity,
the distinctions seem cruel and barbarous, but that they were the result
of any spirit of injustice or intentional tyranny, or of any desire on
the part of men to oppress women or impose upon them any hardship or
burden because of their physical weakness, is not at all probable. They
were merely the outgrowth of the conditions incident to ruder stages of
social development, and were, perhaps, as favorable to women at that
period, as the laws of our own times will be considered when judged in
the light of the civilization of the future, after successive centuries
of intellectual and moral growth have been added to the enlightenment of
to-day.
Law of Iowa.
CHAPTER II.
MARRIAGE.
[Sidenote: Contract.]
Marriage is a civil contract requiring the consent of parties capable of
entering into other contracts, except as herein otherwise declared.
[§3376.] While marriage is defined to be a contract, it is rather a
status or relation assumed by the act of marriage. Society is recognized
as a third party to the agreement and as having a well defined interest
in the duties and obligations of such relation. It is because of this
interest, that the law defines the qualifications of the parties, the
terms, rights and obligations of the contract, and also for what causes
and in what manner it may be terminated. "It stands alone and can be
assimilated to no other contract."
[Sidenote: Between what ages valid.]
A marriage between a male person of sixteen and a female of fourteen
years of age is valid, but if either party has not attained the age thus
fixed, the marriage is a nullity or not at the option of such party made
known at any time before he or she is six months older than the age thus
fixed. [§3377.] The common law rule fixing the age of consent to
marriage at fourteen for males and twelve for females is not repealed in
Iowa. The time in which the parties may disaffirm the marriage is
merely extended by the statute.
[Sidenote: License.]
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