That Which is Wanting : Part 2

Women's Wild Oats: Essays on the Re-fixing of Moral Standards
by C. Gasquoine Hartley

(Page 5 of 13)

The great and pressing need of reform is being widely discussed at the present time. I note with a mixture of amazement and fear that practically in every argument the opinion universally held appears to be that the relief given should be as limited as possible; it is still being taken for granted that free divorce in this country is neither attainable nor desirable, and, indeed, that any extension of the grounds of divorce would act against the sanctity of marriage. I say I note this attitude with fear, because it seems to me that the triumph of prejudice and ignorance here is a most serious symptom of the degradation of our moral outlook and the poverty of our faith in the institution of marriage.

"Divorce is relief from misfortune, not a crime," to quote from the admirable statute book of Norway, a saying which should be one of universal application in divorce. And this relief must be granted, not merely as an act of justice to the individual; it is called for equally in the interests of society.

The moral code of any society ought to meet the needs of its members. But the needs change as time goes on, and moral codes must then also change or they become worn-out and useless. That society which is unwilling to modify its laws to fit new conditions drives its members into defiance of the law and acts directly as a cause of immorality. It were well to remember this as we come to question our laws of divorce. There can be no possible doubt that as the law stands at present it does not meet the needs of those people who claim its relief; while further, the most superficial knowledge of the situation proves how harmfully and immorally the law acts.

II

It is, of course, very much better that marriage should be as permanent as possible, and any society is obviously justified in bringing any moral pressure to bear to make people realize the seriousness of the relationship and the importance of keeping it permanent when possible. But it is certainly no part of the right or duty of society to use force to compel people to remain in the marriage relationship, when it becomes so repugnant to them that the conditions of the marriage cannot be continued. All that society has the right then to demand is that all the obligations which have been assumed shall be honorably fulfilled. But a relationship registered in mistake or under delusion should be subject to revision, and, with certain safeguards, to dissolution, otherwise the standard of morality is degraded and marriage itself is brought to contempt, and can be used, as indeed too often it is, as a cloak of protection for every kind of immorality.

But it is just here that the religious objector to divorce-reform steps in. Marriage, he declares, is not only a social institution, it is a sacrament of the Church, "Those whom God has joined together no man may put asunder," therefore divorce must be made as difficult as possible. As I have said before, I can respect the view that rejects divorce and regards the marriage bond as indissoluble, but I can have nothing but contempt for this attitude of weak and shuffling compromise. Much has been said on the matter, therefore I say little. I shall not attempt to urge the causes for which divorce should, or should not, be granted; for, as will appear directly, I want a much simpler and more radical reform: also I hold it folly to try to convince the self-blinded. I only ask the reader to make sure that he (or perhaps more probably she) really believes that the partners in the marriages that come to the divorce courts were joined by God, and is willing to follow the argument to its logical conclusion. Are they willing, for instance, to say that a woman or a man may not put aside the marriage if one of the two is a lunatic, or a hopeless drunkard, or an habitual criminal, or a degenerate, or the victim of a disease which can be communicated to the offspring? Are they willing to go with our ecclesiastical advisers, who seek to maintain marriages, which may be the cause of perpetuating disease and crime; the bringing into the world of the children of drunkards, of epileptics, of syphilitics and of lunatics?

Stop a moment and think what this must mean to the society in which we live. Can it be considered seriously that the continuance of marriage in such cases as these can by any juggling be made right - anything except the most blind-eyed folly and sin?

III

Consider now the position to-day. Amazing marriages have been made under the urgency of war conditions, reckless marriages, entered into by those who have known each other for a few days only before marrying for life. A minister of religion stated quite recently, "I have had to marry many couples who admitted to me that they knew little about each other. I could do nothing. I was not allowed to refuse marriage."

There is no excuse now for these criminally hasty marriages; that they should have been made is one of the tragedies caused by war. It would prevent endless unhappiness and many divorces if marriages were to be made conditional, except under very special reasons, on the woman and the man having been engaged for a fixed and sufficiently long period. I would recommend this reform to all ecclesiastical opposers of divorce. Betrothal should be regarded as a much more important ceremony than is common with us: here again is a way in which we might wisely copy older civilizations, whose customs were more strictly planned to help men and women in right living.

In the first year of the war the number of cases heard in the divorce court rose from 289 to 520, which was the highest figure then on record. Last season the number had sprung up to 775, while on the present term's lists there are nearly 800 cases, showing the exceeding increase on the pre-war rate. A large percentage of the marriages which are dissolved by the court have been contracted since August, 1914. Petition after petition is filed praying for the dissolution of marriages which should never have been made. English law makes marriage far too easy. In addition to this alarming increase in divorce, a greater number of deeds of separation have been drawn up in the last two years than in any preceding twenty-five; cases of bigamy have also become very frequent, by women as well as by men.

Copyright, 1920 by Frederick A. Stokes Company.
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