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Defending marriage
'Defending marriage' has been a hot topic of late...and not just because of the gay marriage debate either.
[Note: I've covered gay marriage more than enough recently, so let's declare this post 'gay marriage-free' and discuss only regular marriages for today]
Divorce rates are rising, so is infidelity--and along with them the wide variety of serious social problems they cause. What can be done (if anything) from a social policy perspective (that is laws and social programs) to alleviate the problem of divorce? Let's perform a thought experiment and brainstorm on the topic...
1. Make divorces harder to obtain
This is one of the more popular ideas out there right now: why make things easier for fathers or mothers to leave their families? Making the divorce process harder or more costly could convince some who are pondering divorce to rethink whether its really worth it, and decide to 'ride out the storm' and work out problems instead. (I mentioned this concept briefly in my essay on...er, you-know-what)
What's the problem here? Well, when you have two people who really, really don't want to (or shouldn't) live with each other (even in situations not involving any kind of abuse, drugs, or the like) then there's a point where it becomes counter-productive to keep them together through legal obstacles. Staying together 'for the sake of the children' is really a crock--what children need and benefit from are two parents who stay together because they want to. While it would be nice to have parents make the effort to work out their problems, (and stricter divorce laws may have this effect on certain couples), laws can't create the desire to change from nothing, though. It's entirely possible that some people just shouldn't be together, in which case everyone would be better off just letting both partners move on. (I can attest to this: my parents are much happier apart than they ever were together. I can't see how it would have benefitted me or my brother to have them stay together if they were still fighting all the time... Then again, they probably could have tried harder, too...)
Let's give this a 'maybe'... What else do we have?
What if we approach the problem from the opposite direction...
2. Make marriages harder to obtain
Here's an interesting idea. Right now any Tom, Dick, Harry, Britney, or Hilton sister can trot on down to a corner Las Vegas chapel and grab a quickie marriage with a $20 dollar bill and ten minutes of spare time. (They even have drive-thru marriages!) Bump that bill up to $2000 or $20,000, though, and you'll get most of those 'spur of the moment' couples to think twice before getting that license and then looking silly when they get it annulled a day later--cheapening the concept of marriage for the rest of us. (Well, Britney could still afford it...)
(This would also put an end to those possibly-apocryphal-but-probably-true stories of BYU students who drive down to Las Vegas on Friday for a quickie marriage so they can have 'legal' sex over the weekend before getting it annulled Sunday on their way back to campus.)
It's a truism that the more costly something is to obtain, the more it is valued--and making couples pay or do a lot to get it would make the privilege of being married more valuable. While the raw number of marriages would go down, the couples that do get married would be less likely to split up (and have to do it all over again with someone else...)
What's the problem here? Well, the biggest one, of course, is that it discriminates against poor people. Poor couples can be just as committed to creating a solid family unit as everyone else, of course, and it would be unfair to force them to come up with a four or five figure fee in order to get a marriage license. Plus, making getting married more difficult or costly would give a lot of couples the incentive not to get married at all, and just live together instead--not what you would want from a moral or a stable family perspective. There's a sense of this happening already, as many couples decide going to the trouble of getting married isn't worth it, or think 'we'd probably get divorced anyway--why bother?'
Let's say: 'not workable' for this one...
3. Limit the number of times a person can get married
I linked some weeks ago to a man in Thailand who's been married 52 times. It's easy to consider divorce when there seems to be an unlimited number of other opportunities out there. When things start to go bad, just go out and find someone else. But what if once you get married the law says, 'You can get divorced if you want--but we're not giving you another marriage license, so decide between staying married to spouse #1, or having no spouse at all' (Compare this to serving in the army, where you can leave if you really want to, but you're probably not getting a second chance, ever...)
There would be exceptions, of course (how could there not?), but for the most part having only one shot at marriage would make people consider their marriage partners more seriously, and valuing it more after the vows have been made, since this is their only shot. Wouldn't the divorce rate go down if people knew divorce was a point of no return? Most likely...
What's the problem here? Well, if you're afraid of committment now...let me tell you, knowing that you have one shot and one shot only is only going to make the fear of committment worse. A law like this, same as #2, would have the side-effect of scaring a significant number of couples away from getting married at all, even if they, in actuality, had the means and the skills to form a happy marriage had they gone through with it. This means more couple living together and marriages becoming rarer--even if the ones who do get married divorce less frequently.
Let's call this: 'Interesting...but, no'
And so, where are we? From the ideas I could come up with, we can see that there is no panacea--no secret formula to magically making families stronger through legal means. The success of marriages and family units resides--as it always has--with the members of that family themselves and there's very little you or I or the government can do to make any marriage stronger other than our own.
One last note: a while back I was discussing the LDS principle of eternal marriage with my (non-LDS) mom. She argued that these so-called 'eternal' marriages aren't really 'eternal' at all, since there is such a thing as a temple divorce--thereby making a marriage quite finite in length. She's correct in that temple marriages aren't 'eternal' in the same way that God is 'eternal', for example--only that there's the possibility of existing eternally--if both parties want it to. The principles of free agency dictate that the option of divorce always be available, even with temple sealings (and by the same principle, you would have to assume that there will still be divorces in the next life as well, right? Otherwise, same problem...) As in all things, the secrets to family success lie within ourselves, if we're willing to do what it takes to achieve it...
[Any other interesting ideas for laws or social programs to strengthen the family? Write in and lets discuss...]
November 17, 2004 in Current Affairs | Permalink
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Comments
Welcome back, Baron. Yes, you could propose a new twist on "three strikes." People would think a lot harder about partner number three: last shot, better get it right this time.
Posted by: Dave | Nov 18, 2004 3:04:38 PM
Just throwing out ideas here:
Maybe a combo of some options you've discussed.
Your first marriage and first divorce are free.
Any others after that are justifiably considered a burden on the state, and thus there is a charge -- perhaps a nominal one for a second marriage, a sizeable one for a third marriage... Same with divorces.
Okay, that's probably no more workable than any of the combined ideas on their own...
Posted by: Nathan | Nov 19, 2004 10:18:21 AM
With regard to making divorce harder, you only addressed one scenario: "... when you have two people who really, really don't want to (or shouldn't) live with each other...."
What if only one of them wants a divorce? Naturally, if that person wants a divorce based on the other's abuse, adultery, etc., then it should be allowed.
But if, for example, a husband wants to dump his wife for a younger model, I don't think divorce should be easy for him.
So, my recommendation would be to reserve "no-fault" divorce to situations in which both spouses agree to the divorce. Otherwise, divorce should be based on fault.
Posted by: Eric James Stone | Nov 19, 2004 4:31:36 PM
If we're going to support "biblical marriage", let's go whole hog:
1. For adultery (men only): death for having sex with a married woman (Lev 20:10); marriage for having sex with an unmarried woman.
2. Divorce is prohibited (Mark 10:9)
3. Allow polygamy
Posted by: Ronan | Nov 21, 2004 2:16:39 PM
Right now, the government regulates marriage. By issuing licenses they say who can be married and to whom. We don't think about it that way, but it's true. All of these suggestions would only tighten government's grip on marriage, making it more regulated.
We can't force people to be virtuous. We shouldn't want to. I think that less regulation, not more, is the way to go. The defense of marriage is our job, not the government's. They can only attempt to beat people into virtuousness, we can help them change to become virtuous.
I humbly suggest that this sort of social engineering is against the principle of free agency. It attempts to coerce people into being good rather than showing them why being good is good.
Let's privatize marriage, remove it to the domains of the religious and the personal where it belongs, and keep government's sticky fingers off of it.
Posted by: Noah Langenwalter | Nov 23, 2004 1:13:51 PM
But, with no government involvement at all, married couples would lose many of the secular (financial) benefits they have now--which would only increase the incentive NOT to get married. I think there will always have to be some recognition (and thus regulation) from the local and federal governments, because it brings advantages to couples too...
Posted by: The Baron | Nov 24, 2004 7:15:11 AM
Certainly deregulation of marriage would raise several very real problems. Marriage is a part of our legal system and tax code. Not knowing who's married and who isn't would make adjudicating custody battles and filing income taxes very difficult. In the end, though, these are artificial, rather than intrinsic, problems with privatizing marriage.
I think that they can be solved, possibly by creating a purely legal agreement like civil unions that the goverment would use instead, or by redrafting the tax code and turning to the actual circumstances of each particular custody case. Difficult to accomplsh? Yes. Impossible? No. The president himself has talked of drastically reforming the tax system.
I'm not sure which secular benefits you speak of, though I don't doubt they exist. But there are secular deterents as well, aren't there? I still hear talk of the tax system's "marriage penalty".
You argue that we must regulate marriage becuase the government's support of marriage is necessary. I argue that not only should it not be the government's job to support marriage, but that the private sector can do a better job of it anyway. In my opinion, the LDS churh has done more to support real and lasting marriage than the government could ever do. Again, it's the difference between forcing someone to do the right thing and convincing them to do it.
It's not fair to punish couples in any way for being married, but it's not right to coerce or attempt to force them into marriage by throwing artificial sweetener all over it. One must have either a very low opinion of marriage or a very low opinion of people to think that marriage would not be attractive if it had to stand on its own two feet.
What do you fear will happen if the government lets go of marriage? That people will stop getting married and just live in sin? that babies will be born out of wedlock on a massive scale? and that the moral fabric of the nation will be torn to ribbons?
Though not probable, it is possible. However, shouldn't people have the free agency to decide for themselves? Doesn't free agency, in fact, mean that people can make bad decisions? If we care about the survival and prosperity of marriage our job should be to convince people that it is right, not force them behave.
Posted by: Noah Langenwalter | Nov 24, 2004 4:12:13 PM
I think marrage is something special. But I also know that is not only about what other people think about out it shouldn't matter. Its about love and sharing a bond with the one you love. Man or woman should be able to marry a man or woman. I have been in the church my entire life, and I know that it is possable to fall out of love with someone, and if it is not healthy staying in a loveless relationship you shouldnt do it. But if you truly love someone, you should be able to share the power of marrage, and the joy of children. It's not the publics place to judge others lives. People would live longer if they didnt worry about everyone elses problems and lives, and concentrate on the happyness they can share with the ones they love.
Posted by: Leslie | Apr 20, 2006 10:25:40 AM