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Will "Covenant Marriages" Slow Divorce?Many see covenant marriage laws as the key to reversing the damage done by no-fault divorce laws. Prophecy indicates that there are more forces at work than merely bad legislation!by Cecil E. MaranvilleI live in one of two U.S. states that have recently passed legislation establishing "covenant marriages." On May 21, 1998, Arizona's governor signed into law an amended version of Title 25 of the Arizona Revised Statutes permitting people to enter into a covenant marriage. The statute reads in part: "We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes and responsibilities of marriage. We understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. "With full knowledge of what this commitment means, we declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives." Before the state will issue them a marriage license, the couple must provide an affidavit proving that they have received premarital counseling from a member of the clergy or a marriage counselor and that the counseling program includes a full discussion of the requirements of the covenant marriage statute. Most people reading this article would say that they have always believed that marriage is a covenant relationship! So why is there a movement to pass legislation in 15 U.S. states, as well as in Canada, to establish covenant marriages? And, more importantly, where will it lead? 30 Years of No-Fault Divorce Laws Legal "no-fault divorce" has existed for 30 years. "No-fault" statutes were introduced in the 1960s to reduce barriers to divorce, essentially making it possible for one spouse to terminate a marriage without either declaring or proving grounds for divorce. Divorce became easier to obtain than ever, and the divorce rate skyrocketed. In 1920 the marriage to divorce ratio was 7.5 to 1-that is, one divorce for every 7.5 marriages. In 1940 the ratio had increased slightly to 6 to 1, or one divorce for every six marriages. By 1960 the ratio was 3.8 to 1, and in 1980 it was 2.3 to 1. In 1996 the ratio of marriages to divorces was 2 to 1. Today, 60 percent of new marriages in the U.S. will end in divorce or separation (USA Today/Gannett News Service). Statistics can be misleading and misused. Louis Harris has written, "The idea that half of American marriages are doomed is one of the most specious pieces of statistical nonsense ever perpetuated in modern times.… It all began when the Census Bureau noted that during one year, there were 2.4 million marriages and 1.2 million divorces. Someone did the math without calculating the 54 million marriages already in existence, and presto, a ridiculous but quotable statistic was born.… Only one out of eight marriages will end in divorce. In any single year, only about 2 percent of existing marriages will break up" (Christianity Today, Inc./LEADERSHIP Journal, Summer 1996, Vol. XVII, No. 3, page 69). However the statistics are presented, the divorce rate has increased dramatically in recent years. And the United States has the dubious distinction of "leading" other countries in divorces. The number of divorces for every 1,000 married women in the U.S. in 1982 was 21. For Britain in the same year, the number was 12. In Canada, it was 11. In Germany, 7, and Italy, 2. What happens to children forcefully illustrates the harm that the increase in divorce has done to Western society. "Divorce contributes to as many as 3 in 4 teen suicides, and in 4 in 5 teen psychiatric admissions. Children of divorce are much more likely to drop out of school, to have premarital sex and become pregnant outside of marriage than those in intact families. Young adults 18-22 from divorced families are twice as likely to have poor relationships with parents and show high levels of emotional distress than young adults in intact families" (ibid.). It is in response to this social disaster that various individuals and groups have begun to lobby for the creation of covenant marriage laws. When Louisiana (the only other state to date to pass covenant marriage legislation) enacted its statute, marriage expert Maggie Gallagher, author of the book The Abolition of Marriage, said, "This will be a fascinating experiment. This is the first public retreat from the legal no-fault divorce." Proponents of covenant marriage legislation say that divorce lawyers were responsible for creating the no-fault divorce laws, largely for their convenience rather than in the broader interests of society. A recently released Canadian study called no-fault divorce laws "disastrous" and charged that they "allow adults to steal at children's expense" in a country where 50,000 children see their parents divorce every year (The Ottawa Citizen, 1999). Canada's divorce rate has increased sixfold in the 30 years since no-fault divorce legislation was introduced in that country, said professor Doug Allen of Simon Fraser University. "The unilateral aspect of no-fault laws means that too often divorce is little more than an act of theft that leaves behind poor wives and children with reduced human capital-or husbands with only the nominal title of father" (The Ottawa Citizen, 1999). Professor Allen, along with his American counterparts, believes that some form of covenant marriage would greatly reduce the numbers of divorces and thereby improve the general health of society. Divorce lawyer John Crouch, testifying before the Maryland Legislature in March 1999 said, "I think covenant marriage will be helpful for people who choose it, and for people who don't choose it, and even for some people who don't get married. I think it will reduce fault and no-fault divorce." Covenant Marriage Laws Have Limitations There are many limitations with the idea of covenant marriage laws. They do not eliminate divorce, but rather the possibility that one spouse can terminate a marriage when the other does not wish to do so. It is still possible for divorce to occur when both parties want to end the marriage. The hope is that the existence of a covenant marriage contract will slow the divorce rate because of the greater length of time required before parties can file for a divorce. Admittedly, the idea is an experiment. Another limitation on their effectiveness lies in the fact that covenant marriage laws are binding only upon those who voluntarily submit to them. Couples in states that have the option are free to choose a covenant marriage, but are not required to do so. It is argued that people who would choose to have a covenant marriage are unlikely to divorce anyway. (So far, a very small percentage of couples in Arizona and Louisiana have opted to be married under the provisions of their covenant marriage laws.) Also, there is no uniformity to the laws. Just because a given state enacts covenant marriage legislation does not mean that marriages throughout the entire country will be under equally high standards. Each state determines its own marriage regulations, and some of the laws being proposed are not particularly strong. The Arizona law, for example, is not as strong as the Louisiana covenant marriage statute, and bills being debated in the Texas and Colorado legislatures are weaker still. Legislators, sensitive to their constituents, are hesitant to enact covenant marriage legislation for various reasons. "I hear from my constituents all the time, 'stay out of my bedroom, stay out of my house,'" said Colorado state Rep. Marcy Morrison. Some lawmakers oppose covenant marriage laws even though they firmly believe in the permanence of marriage. But they are unconvinced that more laws would make any difference. Colorado Rep. Dale Wells said a foundering marriage would not be helped by yet more government regulation. It should be enough, said Wells, to take a vow before God! (Capitol Bureau by Mick Hinton, 1999). Divorce Is Terrible, but Is Legislation the Cause-or the Solution? Who can argue that our people are reaping terrible consequences from divorce? Said John Crouch, "We divorce lawyers see our clients getting more and more alienated from the system, wanting to take vengeance on each other, and getting the kids involved in their crusade against each other. Our response has been to tell clients: 'Divorce is a normal part of life. Get some therapy and support groups for yourself and the kids, get over it.… But we have been telling people these things for 30 years, and they just seem to be getting worse, madder, [and] more desperate. So I've been wondering, if divorce is so normal and people have had 30 years to adjust to no-fault, why does it still drive so many people nuts? "Regardless of who started it, the potential costs of divorce are unlimited. Their lawyer can't even tell them how much it's going to cost-all we can say is that it depends on what the other spouse and their lawyer do. Any divorce can turn out to be a death match where the richer or meaner spouse wins by attrition" (Maryland House Judiciary Committee Hearing March 16, 1999). There's no denying that no-fault divorce laws have greatly increased the rate of divorce. But in the rush to do something about it, we need to understand what the real root cause of divorce is. Did you notice that the statistics quoted above from 1920 to 1960 show that the trend before no-fault divorces were legalized was toward ever-increasing numbers of divorces? Plainly, the problem of failed marriages cannot be laid at the doorstep of no-fault divorce legislation alone. The fundamental nature of man apart from God makes it increasingly likely that human relationships will fail. Two Prophecies Predict the Future for Marriage Marriage is a covenant relationship, made so not by the words on the marriage license, but by a couple's commitment to each other and to God. Matters of the heart and spirit cannot be legislated! A covenant marriage can be made and last a lifetime only with those who have the heart to enter into and remain faithful to a covenant. "O LORD, I know the way of man is not in himself; it is not in man who walks to direct his own steps" (Jeremiah 10:23). How true those words are when it comes to marriage. In World News and Prophecy we examine current events in the light of Bible prophecy. There are two prophecies that predict the future of the marriage institution in our present world. Paul predicted "times of stress" (RSV) at the end of the age. Included in the list of problems is one translated "trucebreaker" in the KJV (2 Timothy 3:3). This word, from the Greek aspondos, is translated "unforgiving" in the NKJ and "implacable" in the RSV. While it can mean "untrue to one's promise," the principal meaning is that the person will not enter into a covenant. The literal meaning is "'without a libation'…i.e., 'without a truce,' as a libation accompanied the making of treaties and compacts…'one who cannot be persuaded to enter into a covenant'" (Vine's Expository Dictionary of Biblical Words, Thomas Nelson Publishers, 1985, article "Implacable"). That is, agreements were typically solemnized by taking a ceremonial drink. Hence, the Greek word for "without a libation" was a graphic way to portray a person unwilling to commit to a treaty or covenant with another person. No more important covenant can be made between people than that of marriage. Another problem is foretold in the first chapter of Romans. The word in verse 31 that is translated "unforgiving" in the NKJ and "untrustworthy" in the KJV, comes from the Greek asunthetos. Its principal meaning is "covenant breaker." Vine's explains that there is a fine distinction between these two Greek words. One denotes a person who cannot be persuaded to enter into a covenant, while the other denotes a person already in a relationship who will not be persuaded to resolve differences equitably-hence, breaking the covenant. Together, the words prophesy the state of our present society. Both types of people are clearly evident in today's world. Some have no respect for the idea of a permanent marriage relationship, while others will enter into marriage only to fail to continue in a covenant relationship. Marriages will continue to fall short of the hopes of those who look to stem the tide of divorce, regardless of the words on a marriage license. WNP |
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