Covenant marriage

Covenant marriage is a legally distinct kind of marriage in three states (Arizona, Arkansas, and Louisiana) of the United States, in which the marrying spouses agree to obtain pre-marital counseling and accept more limited grounds for later seeking divorce (the least strict of which being that the couple lives apart from each other for two years). Louisiana became the first state to pass a covenant marriage law in 1997;[1][2] shortly afterwards, Arkansas[3] and Arizona[4] followed suit. Since its inception, very few couples in those states have married under covenant marriage law.

As of the nationwide legalization of same-sex marriage, covenant marriages now can be contracted by either opposite- or same-sex couples.

Procedure

Prior to entering into a covenant marriage, a couple must attend premarital counseling sessions "emphasizing the nature, purposes, and responsibilities of marriage"[5] and must sign a statement declaring "that a covenant marriage is for life."[6][7][8] In contrast to no-fault divorce's more lenient requirements for non-covenant marriages, a spouse in a covenant marriage desiring a divorce may first be required to attend marital counseling.[9][8] A spouse desiring a divorce must also prove that one of the following is true:[9][10][8]

  • The other spouse has committed adultery.
  • The other spouse has committed a felony.
  • The other spouse engages in substance abuse.
  • The other spouse has physically or sexually abused the spouse or a child.
  • The spouses have been living separately for a minimum amount of time specified by law (one or two years, depending on the law of the state).

Couples married without a covenant marriage may also accept the obligations of a covenant marriage at a later date.[11][12][8]

Intent and acceptance

According to proponents of covenant marriage, the movement sets out to promote and strengthen marriages, reduce the rate of divorce, decrease the number of children born out of wedlock, discourage cohabitation, and frame marriage as an honorable and desirable institution.[13][14]

Despite the goals of covenant marriage proponents, in the three states with covenant marriage statutes, only an extremely small minority of newlyweds has chosen covenant marriage.[15] In Louisiana, between 2000 and 2010, only about 1 percent of marrying couples chose a covenant marriage, with the other 99 percent choosing to marry under standard marriage laws permitting no-fault divorce.[16] In Arizona, estimates of the rate of covenant marriage among new couples range from 0.25 percent to 1 percent.[17] In Arkansas, a similarly very small number of couples choose covenant marriage.[15][18]

Out of state divorce

A number of legal analyses suggest that states are likely to apply local state divorce law when a resident seeks a divorce, or when both members of a marriage agree to seek a divorce. This potentially renders covenant marriage's divorce restrictions ineffective if one individual establishes residency in a state without a covenant marriage law, or if both individuals go to such a state for an uncontested divorce.[19][20][21]

Religious issues

Critics of covenant marriage have described it "as an example of religion harnessing state power" [22] and creating roadblocks to no-fault divorce that "could easily exacerbate" a bad family "situation and harm kids."[18] According to these critics, "[w]aiting periods and mandatory classes 'add a new frustration to already frustrated lives'" and are merely "a form of paternalism – expanding government in pursuit of socially conservative ends."[18]

Though covenant marriage law is written neutrally with respect to religion, many view it as state permission for a religious form of marriage, particularly due to its historical background.[23] Katherine Spaht, a founder of the Louisiana Family Forum and a proponent of Louisiana's covenant marriage law, stated that one "less obvious objective" is "inviting religion back 'into the public square'" to "revitalize and reinvigorate the 'community' known as the church". This can be inferred, she said, from the rule about "who may perform the mandatory premarital counseling", namely, "a minister, priest, rabbi, or other clergyman of a religious sect".[14] Tony Perkins, a sponsor of the Louisiana Covenant Marriage Bill and another founder of the Louisiana Family Forum, described covenant marriage as fostering an environment for "traditional family values" that are "up to the faith community."[24]

See also

References

  1. Nichols, Joel A. (1998). "Louisiana's Covenant Marriage Law: A First Step Towards a More Robust Pluralism in Marriage and Divorce Law?". University of St. Thomas School of Law (Minnesota). Emory Law Journal. 47. SSRN 762464.
  2. "Covenant Marriage" (PDF). Louisiana Laws on Community Property and Covenant Marriage. Retrieved June 26, 2022.
  3. "Covenant v. traditional marriage in Arkansas". Arkansas Times. July 18, 2013.
  4. "Covenant Marriage Information". AZCourtHelp. Arizona Bar Foundation. 2022.
  5. Arkansas Code Annotated § 9-11-803 https://law.justia.com/codes/arkansas/2017/title-9/subtitle-2/chapter-11/subchapter-8/section-9-11-803/
  6. Arkansas Code Annotated § 9-11-804 https://law.justia.com/codes/arkansas/2017/title-9/subtitle-2/chapter-11/subchapter-8/section-9-11-804/
  7. "View Document". Azleg.gov. Retrieved 2022-11-24.
  8. "Department of Health & Hospitals | State of Louisiana". New.dhh.louisiana.gov. Retrieved 2015-06-30.
  9. Arkansas Code Annotated § 9-11-808 https://law.justia.com/codes/arkansas/2017/title-9/subtitle-2/chapter-11/subchapter-8/section-9-11-808/
  10. "View Document". Azleg.gov. Retrieved 2022-11-24.
  11. Arkansas Code Annotated § 9-11-807 https://law.justia.com/codes/arkansas/2017/title-9/subtitle-2/chapter-11/subchapter-8/section-9-11-807/
  12. "View Document". Azleg.gov. Retrieved 2022-11-24.
  13. Nock, Steven L.; Sanchez, Laura Ann; Wright, James D. (2008). Covenant Marriage: The Movement to Reclaim Tradition in America. Rutgers University Press. ISBN 9780813543260.
  14. Spaht, Katherine S. "Louisiana's Covenant Marriage: Social Commentary and Legal Implications". Katherine S. Spaht Faculty Webpage, Louisiana State University Law Center. Archived from the original on March 7, 2015. Retrieved 2015-06-30.
  15. "Covenant Marriage Statistics". Marriage.about.com. Retrieved 2015-06-30.
  16. "Divorce option may be harder to reach under covenant bill in Alabama Legislature | AL.com". Blog.al.com. 2012-03-19. Retrieved 2015-06-30.
  17. Drewianka, Scott D. (March 2003). "Civil Unions and Covenant Marriage: The Economics of Reforming Marital Institutions" (PDF). Archived from the original (PDF) on October 9, 2014. {{cite journal}}: Cite journal requires |journal= (help)
  18. Keyes, Scott (2014-04-11). "Conservatives aren't just fighting same-sex marriage. They're also trying to stop divorce". The Washington Post. Retrieved 2015-06-30.
  19. Hay, Peter (Fall 2003). "The American "Covenant Marriage" in the Conflict of Laws – The American "Covenant Marriage" in the Conflict of Laws". Louisiana Law Review. 64 Number 1 Symposium on Harmless Error - Part II Article 7. Retrieved 13 August 2022.
  20. Macke, Jason Andrew. "Of Covenants and Conflicts- When "I Do" Means More Than It Used To, But Less Than You Thought" (PDF). Retrieved 13 August 2022.
  21. Ng, Lily (2007). "Covenant Marriage and the Conflict of Laws, 2007 CanLIIDocs 185". Alberta Law Review. 44 (4). Retrieved 13 August 2022.
  22. McClain, Linda C. "Marriage Pluralism in the United States: Multiple Jurisdictions and the Demands of Equal Citizenship" (PDF). Untying the Knots Conference, Brandeis University. Archived from the original (PDF) on 2014-10-06. Retrieved 2014-10-06.
  23. Baker, Elizabeth H.; Sanchez, Laura A.; Nock, Steven L.; Wright, James D. (2008). "Covenant Marriage and the Sanctification of Gendered Marital Roles". Journal of Family Issues. 30 (2): 147–178. doi:10.1177/0192513X08324109. S2CID 22886349.
  24. Perkins, Tony (1999). "Covenant Marriage: A Legislator's Perspective" (PDF). Regent University Law Review. 12: 27–29.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.