Covenant Marriages (CM)
History: origins and decline
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History of covenant marriage:
The Roman Catholic Church has had a form of very
restrictive CM in place for centuries. It is the only option that
they offer. Once married, the couple can obtain a civil divorce. However, the
church still regards them as being married. Marriage is intended for life. In
certain cases, an annulment can be granted, but only if it can be proved that no
legitimate marriage was ever originally entered into. Perhaps the priest's license had
expired, or one of the spouses planned to remain childless, or one of the spouses
did not fully accept the permanent nature of marriage.
Henri Mazeaud proposed a form of CM to the French Civil
Code Reform Commission in France during 1947. It would have added a clause
to the marriage code: "A divorce cannot be pronounced unless at the time of
the celebration of the marriage the spouses did not declare that they were
contracting a marriage that was indissoluble by divorce. This declaration is
received by the officer of the state who registers the marriage." He felt
that spouses should be free to choose whether they wanted to enter a marriage
that would allow a divorce or one that was indissoluble. It would force the
couple to openly declare their concept of marriage before they married.
Mazeaud agreed during discussion before the Commission that some divorces
could be beneficial to the individuals. But he felt that it was always bad for
society. Divorce would be impossible for those who have declared their marriage
to be indissoluble. If there were no "exit door offered by divorce,
everything would have been worked out." But they always remained the option
that the couple could separate and live apart if the relationship were to break
down. Mazeaud's proposal was rejected by a vote of 9 to 12. 1
In 1995, Christopher Wolfe was a professor of political science at
Marquette University and president of the American Public Philosophy
Institute. He resurrected Mazeaud's concept in an article published in
First Things during 1995 -- a conservative Catholic publication. He noted that the current law, which permits
divorce, "...does not permit people to really bind themselves to a
permanent and exclusive marriage, by reinforcing the personal commitment with
the force of the law." Given the option, "...they might choose not just
to "commit" themselves to their spouses, but to "bind" themselves to their
spouses. Why should they be precluded from adopting such a strategy?" His
proposal, which he was uncertain should be implemented, would still allow for
marital separation. However, it would not allow remarriage for either party.
2
The first CM law became effective on
1997-AUG-15 in Louisiana. It was far less stringent than either of the proposals
by Mazeaud or Wolfe. It required the couple to sign a statement of intent,
recite a declaration and show that they had completed a course in premarital
counseling. A divorce would be granted if fault could be proven on the part of
one spouse: having committed adultery, being imprisoned for a felony, abandoned
the matrimonial home for at least a year, or committed sexual or physical abuse
on a family member. Alternatively, the couple can obtain a divorce if they had
lived apart for a long interval.
This was a unique experiment. It was the first
instance where couples had a choice from among two marriage types.
The second CM law was signed into
law by the Governor of Arizona on 1998-MAY-21. It is a weakened version of the
Louisiana law. It allows for a divorce if both spouses as for it.
A third CM law came into force in
Arkansas in 2001. It is similar to the Louisiana law.
Many attempts have been made since to pass similar
laws in other states. None have succeeded.
It is doubtful that CM will have much impact on the North American divorce rate:
 | Louisiana introduced CMs in 1997; Arizona in 1998
and Arkansas in 2001. The movement then seems to have grounded to a halt. As of
the end of 2007, no additional states had passed
enabling legislation.
CM is not an option in the remaining 47 states,
or in the District of Columbia, or in Canada. |
| Only a very small percentage of couples in these three states are
choosing CMs:
 | 2% in the case of Louisiana in the years immediately following the
passage of their law.
3 |
| By the end of 2001, "Fewer than 3 percent of couples who marry in Louisiana
and Arizona take on the extra restrictions of marriage by covenant.
4
|
| About.com quote Scott D. Drewianka of the University of
Wisconsin-Milwaukee as saying that only ¼%
"of couples getting married in Arizona select the covenant
marriage option." 5
|
| The Department of Health & Vital Statistics in Arkansas reported
that 67 couples signed up for covenant marriages in 2002. This
represented 0.18% of the 37,942 marriage licenses issued that year. In
addition, 24 married couples converted to a covenant marriage. 5 |
| During the interval 2003-JAN-01 to MAY-20, applications for covenant
marriage licenses declined further. Only four new covenant
marriage licenses were issued in Arkansas out of a total of 11,037
licenses, for a rate of 0.04%. The movement in the state appears
moribund. 5 |
|
The vast majority of couples prefer "ordinary" marriage with its access to easy,
no-fault divorce.
Site navigation:
References used:
The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
- "The First Covenant Marriage Proposal: Debate on Mazeaud Proposal in
the French Civil Code Reform Commission, 1947," DivorceReform.org, at:
http://www.divorcereform.org/
- Christopher Wolfe, "The Marriage of Your Choice," First Things,
1995-FEB, Pages 37 to 41. Online at:
http://www.firstthings.com/ftissues/ft9502/wolfe.html
- "Is Covenant Marriage a Policy that Preaches to the Choir? A
Comparison of Covenant and Standard Married Newlywed Couples in Louisiana,"
Center for Family and Demographic Research, Bowling Green State University,
at:
http://www.bgsu.edu/ This is a PDF file. You may require software to read it. Software can be obtained free from:
- "Covenant Marriages," National Center for Policy Analysis,"
2001-DEC-05, at:
http://www.ncpa.org/
- Sheri & Bob Stritof, "Covenant Marriage Statistics," About.com, at:
http://marriage.about.com/
Copyright © 2001 to 2008 by Ontario Consultants on Religious
Tolerance
Originally written: 2001-DEC-12
Latest update: 2008-JAN-06
Author: B.A. Robinson
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