Modern marriage and how to bear itBraby, Maud Churton
Science
Modern marriage and how to bear it
Braby, Maud Churton
Marriage
Within the last twenty-five years the worst injustices of our marriage
laws have been rectified, and compared with them the remaining
grievances appear relatively mild. It is scarcely credible in these days
of advanced women that only a few years ago a husband could take
possession of his wife’s property and spend it as he liked, or, what is
still more monstrous, could appoint a stranger as sole guardian to his
children after his death, entirely ignoring the natural rights of the
mother.
The most serious injustice remaining is that the relief of divorce is
more accessible to men than to women. This obviously is a law made by
men for their own advantage, but its existence is a blot on the fair
fame of English justice, and also of English morality, that a husband’s
infidelity should be so lightly regarded. Let us hope the day is not far
off when the conditions of divorce will be exactly the same for both
parties.
The opinion is almost universally held nowadays that a dissolution of
marriage should be obtainable if either party be a confirmed drunkard,
or a lunatic, or be sentenced to a long term of imprisonment. How
degrading it is to the best instincts of our sex that a woman can get a
decree of nullity of marriage by proving certain physical disabilities
on the part of the husband, which in no way affect her happiness,
health, or self-respect, yet can only obtain the partial relief of
separation if her husband be a drunkard, an adulterer, and a
criminal--so long as she cannot additionally prove cruelty or desertion!
It is also an injustice that divorce should be so expensive that only
people with money or the very poor (by means of proceedings _in forma
pauperis_) can afford it.
* * *
Perhaps the most necessary reform of all is that the marriage of the
mentally and physically unfit be legally prevented, or rather that they
should be prevented from having children, which is all that really
matters. It would be perfectly feasible to ensure the sterilisation of
the unfit, though a law to this effect would require the most delicate
handling, and one can hardly imagine a parliament of men blundering
through it with any degree of success. Perhaps it may come to pass in
the day when we have the ideal Government that represents both sexes and
all classes. A health certificate signed by doctors in the service of
the State should certainly be compulsory before any marriage could be
ratified. When cancer, tubercle, insanity, and all the attendant ills of
alcoholism and of riotous living have infected every family in the land,
our far-seeing lawgivers may begin to realise the necessity for some
restriction of this kind. At present, the liberty of the subject is
preserved at too heavy a cost to the race.
Public-domain text, read in full here on John Shaqi.
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