For Better or for Worse? A Closer Look at Two Implications of Covenant Marriage

Family Law Quarterly

Volumn 32, Issue 3, 1998, Pages 629-640

  McShain, Heather K ^a  

^a NOTRE DAME LAW SCHOOL   (United States)

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EID: 0032286460     PISSN: 0014729X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (67)

1. JANE AUSTEN, PRIDE AND PREJUDICE 16.
2. See, e.g., Nelson L. Griswold, Editorial, Will Tennessee Create Covenant Marriage Law?, TENNESSEAN, Oct. 19, 1997, at 3D, available in 1997 WL 14651263 ("Since broken homes are responsible for social problems from poverty to juvenile crime, stronger marriages and stronger families can reverse the social decline in Tennessee and America."); Kristin E. Saxon, Editorial, Covenant Marriage Builds Strong Society, BALTIMORE SUN, Nov. 4, 1997, at 16A, available in 1997 WL 5537932 ("Failed marriages contribute to societal downfall. The breakdown of the American family is directly related to the emotional and societal downfall plaguing our children, clearly demonstrated by our society as a whole.").
3. See, e.g., Nelson L. Griswold, Editorial, Will Tennessee Create Covenant Marriage Law?, TENNESSEAN, Oct. 19, 1997, at 3D, available in 1997 WL 14651263 ("Since broken homes are responsible for social problems from poverty to juvenile crime, stronger marriages and stronger families can reverse the social decline in Tennessee and America."); Kristin E. Saxon, Editorial, Covenant Marriage Builds Strong Society, BALTIMORE SUN, Nov. 4, 1997, at 16A, available in 1997 WL 5537932 ("Failed marriages contribute to societal downfall. The breakdown of the American family is directly related to the emotional and societal downfall plaguing our children, clearly demonstrated by our society as a whole.").
4. See LA. REV. STAT. ANN. §§ 9:272-75, 9:307-09 (West. Supp. 1998).
5. See Susan Raborn, Committed Love: State Rep. Tony Perkins Hopes His Covenant Marriage Law Will Keep Families Together by Making Divorce More Difficult, BATON ROUGE ADVOC., Aug. 9, 1997, at 1E, available in 1997 WL 7254755.
6. Bruce Nolan, Bishops Back Off Covenant Marriage, NEW ORLEANS TIMES-PICAYUNE, Oct. 30, 1997, at Al, available in 1997 WL 12674773.
7. Richard Locker, Covenant Marriage License Restricting Divorce Gets Study, COM. APP., Oct. 9, 1997, at B1, available in 1997 WL 14513609 (quoting Tony Perkins).
8. See Cheryl Weitestein, Legislative Pioneer Credits Power of Prayer: Says He "Reaped Without Sowing," WASH. TIMES, Oct. 9, 1997, at A2, available in 1997 WL 3686036 (describing Perkins as a longtime Christian and Promise Keeper since 1993).
9. Couples married prior to the date of enactment may also participate by formally converting their marriage into a covenant marriage. See LA. REV. STAT. ANN. § 9: 275 (West. Supp. 1998).
10. See LA. REV. STAT. ANN. § 9:273(A)(1): We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received premarital counseling on the nature, purposes, and responsibilities of marriage. We have read the Covenant Marriage Act, and 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 do hereby declare that our marriage will be bound by Louisiana law on Covenant Marriage and we promise to love, honor, and care for one another as husband and wife for the rest of our lives.
11. See LA. REV. STAT. ANN. § 9:273(A)(2)(a): An affidavit by the parties that they have received premarital counseling from a priest, minister, rabbi, clerk of the Religious Society of Friends, any clergyman or any religious sect, or a marriage counselor, which counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce or by divorce after a judgement of separation from bed and board. See also LA. REV. STAT. ANN. § 9:273(A)(2)(b).
12. See LA. REV. STAT. ANN. § 9:273(A)(2)(a): An affidavit by the parties that they have received premarital counseling from a priest, minister, rabbi, clerk of the Religious Society of Friends, any clergyman or any religious sect, or a marriage counselor, which counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce or by divorce after a judgement of separation from bed and board. See also LA. REV. STAT. ANN. § 9:273(A)(2)(b).
13. See LA. REV. STAT. ANN. § 9:273(A)(3)(a).
14. See LA. REV. STAT. ANN. § 9:307(A): Notwithstanding any other law to the contrary and subsequent to the parties obtaining counseling, a spouse to a covenant marriage may obtain a judgement of divorce only upon proof of any of the following: (1) The other spouse has committed adultery. (2) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor. (3) The other spouse has abandoned the matrimonial domicile for a period of one year and constantly refuses to return. (4) The other spouse has physically abused or sexually abused the spouse seeking the divorce or a child of one of the spouses. (5) The spouses have been living separate and apart continuously without reconciliation for a period of two years. (6) (a) The spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgement of separation from bed and board was signed. (6) (b) If there is a minor child or children of the marriage, the spouses have been living separate and apart continuously without reconciliation for a period of one year and six months from the date the judgement of separation from bed and board was signed; however, if abuses of a child of the marriage or a child of one of the spouses is the basis for which the judgement of separation from bed and board was obtained, then a judgement of divorce may be obtained if the spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgement of separation from bed and board was signed.
15. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
16. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
17. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
18. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
19. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
20. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
21. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
22. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
23. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
24. See Anti-Divorce "Covenant Marriage" Arrangements Start to Catch On, CHILD PROTECTION REP., Feb. 19, 1998, at 30. Several other state legislatures, including Colorado, Tennessee, Ohio, Indiana, Virginia, Washington, Georgia, and Nebraska, are also considering covenant marriage. See, e.g., Editorial, A Marriage Idea to Watch, OMAHA WORLD-HERALD, Nov. 3, 1997, at 14, available in 1997 WL 6319172; Associated Press, Legislature 1998: Bills Would Make Marriage Harder to End, MORNING NEWS TRIB. (Tacoma, Wash.), Jan. 13, 1998, available in 1998 WL 4078253; Andrew Cain, Car-Tax Cut Faces Test in Richmond: Gilmore's Plan Tops List of '98 Assembly Agenda, WASH. TIMES, Jan. 12, 1998, at A1, available in 1998 WL 3437132; Nancy Comiskey, What Keeps Couples Together?, INDIANAPOLIS STAR, Sept. 29, 1997, at E01, available in 1997 WL 2904821; Martha Ezzard, But It Don't Legislate It: Commitment Is a Value Worth Treasuring, ATLANTA J., Jan. 12, 1998, at A08, available in 1998 WL 3671492; Toni Heinzl, Covenant Marriage Considered: The Attorney General and a State Senator Push For the More-Binding Form of Wedlock, OMAHA WORLD-HERALD, Oct. 29, 1997, at 17SF, available in 1997 WL 63185621; Lee Leonard, Party Switch Brought Out Ice at Ohio House Ceremony, COLUMBUS DISP., Oct. 20, 1997, at A09, available in 1997 WL 12519734; Editorial, Louisiana Experiment, INDIANAPOLIS STAR, Aug. 17, 1997, at B02, available in 1997 WL 2897819; Jean Torkelson, Pastors Out to Toughen Marriage "Rules," ROCKY MOUNTAIN NEWS, Oct. 18, 1997, at 16D, available in 1997 WL 14966859.
25. See J. Herbie DiFonzo, No-Fault Marital Dissolution: The Bitter Triumph of Naked Divorce, 31 SAN DIEGO L. REV. 519, 550 (1994) (explaining that the "legal culture did not appear to substantively differentiate California divorce in 1970 from the process a generation earlier").
26. See Thomas E. Schimmerling, The No-Fault Debate: Is Blame Better?, TRIAL, Aug. 1997, at 33, 35.
27. There are many other studies cited in support of the repeal of no-fault divorce. In the interest of space, I have focused on two widely cited studies to illustrate my point.
28. See Editorial, Can't Legislate Good Marriage, BATON ROUGE ADVOC., June 2, 1997, at 6B:S ("But there is little reason to believe that making divorce more difficult will keep marriages together and even less reason to believe that it will make marriages the happy and successful unions they should be.").
29. LENORE WEITZMAN, THE DIVORCE REVOLUTION (1985). Weitzman correctly assumes that children live with their mothers upon dissolution, as one study found 90% of children live with their mothers upon divorce. See Elizabeth S. Scott, Rational Decisionmaking About Marriage and Divorce, 76 VA. L. REV. 9, 33 (1990).
30. LENORE WEITZMAN, THE DIVORCE REVOLUTION (1985). Weitzman correctly assumes that children live with their mothers upon dissolution, as one study found 90% of children live with their mothers upon divorce. See Elizabeth S. Scott, Rational Decisionmaking About Marriage and Divorce, 76 VA. L. REV. 9, 33 (1990).
31. See Adriaen M. Morse, Comment, Fault: A Viable Means of Re-Injecting Responsibility in Marital Relations, 30 U. RICH. L. REV. 605, 619 (1996).
32. See Laura Bradford, Note, The Counterrevolution: A Critique of Recent Proposals to Reform No-Fault Divorce Laws, 49 STAN. L. REV. 607, 614-18; Lynn D. Wardle, No-Fault Divorce and the Divorce Conundrum, 1991 BYU L. REV. 79, 112-15 (1991).
33. See Laura Bradford, Note, The Counterrevolution: A Critique of Recent Proposals to Reform No-Fault Divorce Laws, 49 STAN. L. REV. 607, 614-18; Lynn D. Wardle, No-Fault Divorce and the Divorce Conundrum, 1991 BYU L. REV. 79, 112-15 (1991).
34. JUDITH S. WALLERSTEIN & SANDRA BLAKESLEE, SECOND CHANCES: MEN, WOMEN, AND CHILDREN A DECADE AFTER DIVORCE 297-301 (1989) [hereinafter SECOND CHANCES]; Judith S. Wallerstein, The Long-Term Effects of Divorce on Children: A Review, 30 J. AMER. ACAD. CHILD & ADOLESCENT PSYCH. 349 (1991).
35. JUDITH S. WALLERSTEIN & SANDRA BLAKESLEE, SECOND CHANCES: MEN, WOMEN, AND CHILDREN A DECADE AFTER DIVORCE 297-301 (1989) [hereinafter SECOND CHANCES]; Judith S. Wallerstein, The Long-Term Effects of Divorce on Children: A Review, 30 J. AMER. ACAD. CHILD & ADOLESCENT PSYCH. 349 (1991).
36. Over time the ability of the researchers to contact the subjects declined. For the 10 year study (which contained some data for 15 years later) the sample was reduced to 116 children out of the original 131. Wallerstein & Blakeslee, id. at 21.
37. See Marilyn Gardner, Putting Kids First After Parents Split, FAM. Focus (June 6, 1997) .
38. See Cal Thomas, The Great American Divorce Cover-Up, L. A. TIMES SYNDICATE (visited Oct. 12, 1997) ; see also DiFonzo, supra note 14, at 552 (exploring the results of the Wallerstein study).
39. See Marsha Garrison, The Economics of Divorce: Changing Rules, Changing Results, in DIVORCE REFORM AT THE CROSSROADS 75 (Stephen D. Sugarman & Herma Kay Hill eds. 1990); see also Marsha Garrison, Good Intentions Gone Awry: The Impact of New York's Equitable Distribution on Divorce Outcomes, 57 BROOK. L. REV. 621, 643-44 (1991).
40. See Marsha Garrison, The Economics of Divorce: Changing Rules, Changing Results, in DIVORCE REFORM AT THE CROSSROADS 75 (Stephen D. Sugarman & Herma Kay Hill eds. 1990); see also Marsha Garrison, Good Intentions Gone Awry: The Impact of New York's Equitable Distribution on Divorce Outcomes, 57 BROOK. L. REV. 621, 643-44 (1991).
41. See Morse, supra note 19, at 624; see also Schimmerling, supra note 17, at 35 (complementing Morse's discussion).
42. See Bradford, supra note 20, at 634-35 ("A 'fault-based' regime only works to the benefit of women if women are always the innocent party.").
43. See Herma Hill Kay, Equality and Difference: A Perspective on No-Fault Divorce and Its Aftermath, 56 U. CIN. L. REV. 1, 63 (1987) (quoting from LENORE WEITZMAN, THE DIVORCE REVOLUTION 366, 382-83 (1985)); see also Marilyn Gardner, supra note 23.
44. See Herma Hill Kay, Equality and Difference: A Perspective on No-Fault Divorce and Its Aftermath, 56 U. CIN. L. REV. 1, 63 (1987) (quoting from LENORE WEITZMAN, THE DIVORCE REVOLUTION 366, 382-83 (1985)); see also Marilyn Gardner, supra note 23.
45. See Walter Kirn, The Ties That Bind, TIME, Aug. 18, 1997, at 49 (quoting New York Times Editorialist Katha Pollitt); see also Gardner, supra note 23; Mary Lynn Veilings, No-Fault Divorce a Faulty Concept Critics Contend, SACRAMENTO BEE, Nov. 16, 1997, at A1, available in 1997 WL 15805376 ("Some social commentators think the harm inflicted on children by divorce has been blown out of proportion when compared with the damage caused by being raised in an unhappy household."). Lynne Gold-Bikin agrees: . . . to suggest that it is better for children for the state to subject their parents to a very restrictive exit from a bad situation, is to close one's eyes to the fact that there was juvenile crime long before no-fault divorce, and that drug abuse is not exclusive to children from so-called broken homes. Let's stop blaming divorce for all the ills of society and let's finally do a study of the impact of a bad marriage on children. There are many happy, healthy, children whose parents have left bad marriages in a responsible fashion, and many troubled children in intact marriages. Divorce is not the issue; parents and parenting skills is the issue. Lynne Z. Gold-Bikin, Let's Eliminate the Idea of Covenant Marriage, CHI. TRIB., Sept. 7, 1997, at 9, available in 1997 WL 3586468.
46. See Walter Kirn, The Ties That Bind, TIME, Aug. 18, 1997, at 49 (quoting New York Times Editorialist Katha Pollitt); see also Gardner, supra note 23; Mary Lynn Veilings, No-Fault Divorce a Faulty Concept Critics Contend, SACRAMENTO BEE, Nov. 16, 1997, at A1, available in 1997 WL 15805376 ("Some social commentators think the harm inflicted on children by divorce has been blown out of proportion when compared with the damage caused by being raised in an unhappy household."). Lynne Gold-Bikin agrees: . . . to suggest that it is better for children for the state to subject their parents to a very restrictive exit from a bad situation, is to close one's eyes to the fact that there was juvenile crime long before no-fault divorce, and that drug abuse is not exclusive to children from so-called broken homes. Let's stop blaming divorce for all the ills of society and let's finally do a study of the impact of a bad marriage on children. There are many happy, healthy, children whose parents have left bad marriages in a responsible fashion, and many troubled children in intact marriages. Divorce is not the issue; parents and parenting skills is the issue. Lynne Z. Gold-Bikin, Let's Eliminate the Idea of Covenant Marriage, CHI. TRIB., Sept. 7, 1997, at 9, available in 1997 WL 3586468.
47. See Walter Kirn, The Ties That Bind, TIME, Aug. 18, 1997, at 49 (quoting New York Times Editorialist Katha Pollitt); see also Gardner, supra note 23; Mary Lynn Veilings, No-Fault Divorce a Faulty Concept Critics Contend, SACRAMENTO BEE, Nov. 16, 1997, at A1, available in 1997 WL 15805376 ("Some social commentators think the harm inflicted on children by divorce has been blown out of proportion when compared with the damage caused by being raised in an unhappy household."). Lynne Gold-Bikin agrees: . . . to suggest that it is better for children for the state to subject their parents to a very restrictive exit from a bad situation, is to close one's eyes to the fact that there was juvenile crime long before no-fault divorce, and that drug abuse is not exclusive to children from so-called broken homes. Let's stop blaming divorce for all the ills of society and let's finally do a study of the impact of a bad marriage on children. There are many happy, healthy, children whose parents have left bad marriages in a responsible fashion, and many troubled children in intact marriages. Divorce is not the issue; parents and parenting skills is the issue. Lynne Z. Gold-Bikin, Let's Eliminate the Idea of Covenant Marriage, CHI. TRIB., Sept. 7, 1997, at 9, available in 1997 WL 3586468.
48. See Walter Kirn, The Ties That Bind, TIME, Aug. 18, 1997, at 49 (quoting New York Times Editorialist Katha Pollitt); see also Gardner, supra note 23; Mary Lynn Veilings, No-Fault Divorce a Faulty Concept Critics Contend, SACRAMENTO BEE, Nov. 16, 1997, at A1, available in 1997 WL 15805376 ("Some social commentators think the harm inflicted on children by divorce has been blown out of proportion when compared with the damage caused by being raised in an unhappy household."). Lynne Gold-Bikin agrees: . . . to suggest that it is better for children for the state to subject their parents to a very restrictive exit from a bad situation, is to close one's eyes to the fact that there was juvenile crime long before no-fault divorce, and that drug abuse is not exclusive to children from so-called broken homes. Let's stop blaming divorce for all the ills of society and let's finally do a study of the impact of a bad marriage on children. There are many happy, healthy, children whose parents have left bad marriages in a responsible fashion, and many troubled children in intact marriages. Divorce is not the issue; parents and parenting skills is the issue. Lynne Z. Gold-Bikin, Let's Eliminate the Idea of Covenant Marriage, CHI. TRIB., Sept. 7, 1997, at 9, available in 1997 WL 3586468.
49. See Vellings, supra note 29, at A1 (quoting Katha Pollitt).
50. See Francine Russo, Broken Vows, WASH. TIMES, Oct. 6, 1996, at A2, available in 1997 WL 3685656; see also Bradford, supra note 20, at 631 ("Studies have shown that while a two parent family is generally preferable to a one parent family, children fare poorly in households rife with conflict."); Kevin D. Miller, Ending the Church 's Silence on Divorce: Barbara Dafoe Whitehead Confronts Our Postmarriage Culture, CHRISTIANITY TODAY, Nov. 17, 1997, at 51, available in 1997 WL 8863355 (". . . the research shows that high and unremitting conflict in families is always bad for the kids - even if the parents are married. ").
51. See Francine Russo, Broken Vows, WASH. TIMES, Oct. 6, 1996, at A2, available in 1997 WL 3685656; see also Bradford, supra note 20, at 631 ("Studies have shown that while a two parent family is generally preferable to a one parent family, children fare poorly in households rife with conflict."); Kevin D. Miller, Ending the Church 's Silence on Divorce: Barbara Dafoe Whitehead Confronts Our Postmarriage Culture, CHRISTIANITY TODAY, Nov. 17, 1997, at 51, available in 1997 WL 8863355 (". . . the research shows that high and unremitting conflict in families is always bad for the kids - even if the parents are married. ").
52. Kirn, supra note 29, at 49.
53. Hara Estroff Marano, A New Focus on Family Values Has Focused More on Ideology Than on What Actually Keeps Families Together, PSYCHOL. TODAY, Nov. 21, 1997, at 52, available in 1997 WL 9312257. The alliance reflects the movement in the social science arena to shift the basis of family policy from politics to research, and forthcoming studies will hopefully provide comprehensive and objective data from which to form opinions about the effects of no-fault divorce.
54. Interestingly, Louisiana has boldly recognized a concept known as "dual paternity," not widely accepted in other states. See Smith v. Cole, 553 So. 2d 847 (La. 1989). The Louisiana Supreme Court recognized that "Louisiana law may provide the presumption that the husband of the mother is the legal father of her child while it recognizes a biological father's actual paternity." Id. at 854.
55. Civ. A. No. 90-13892, 1992 WL 685364 (D.C. Super June 2, 1992).
56. Plaintiffs also argued that the court, in defining the common definition of marriage, violated the Establishment Clause by looking to the Bible. The court quickly dismissed the claim, explaining "the prohibition against same-sex marriages advances no religion and has secular purposes." Dean v. District of Columbia, 1992 WL 685364, at *8.
57. The court cited Bowers v. Hardwick, 478 U.S. 186 (1986), as authority to narrow the issue in such a way. See Dean, 1992 WL 685364, at *2. In Bowers, the Court rejected the claim asserted by two homosexuals under the Georgia criminal sodomy statute. The Court approved framing the issue as not whether the claimant's right to privacy had been violated but whether due process creates a fundamental right to engage in sodomy. See Bowers, 478 U.S. at 190.
58. See Baker v. Nelson, 191 N.W.2d 185, 186 (Minn. 1971), appeal dismissed for want of a substantial federal question, 409 U.S. 810 (1972).
59. See Dean, 1992 WL 685364, at *3.
60. Id. at *4.
61. 125 U.S. 190, 211 (1888) (heralding marriage as "an institution, in the maintenance of which its purity the public is deeply interested, for it is the foundation of the family and of society, without which there would be neither civilization nor progress.").
62. Marriage, both religiously and secularly speaking, has traditionally been considered a lifelong commitment. See Nancy Comiskey, What Keeps Couples Together, INDIANAPOLIS STAR, Sept. 29, 1997, at E01 ("From a moral standpoint, covenant marriage shouldn't make a difference."); Editorial, supra note 17, at 6B:S (". . . if covenant marriage is as superior to traditional marriage as Tony Perkins and other proponents would have us believe, why not have only covenant marriage since this country so apparently needs it?").
63. See Clarence Page, "Covenant Marriage" Law Attacks Problem at Wrong End, DALLAS MORNING NEWS, Aug. 24, 1997, at 5J, available in 1997 WL 11514770 ("But by making the 'covenant marriage' sound special, the bill's author, Rep. Tony Perkins, . . . makes it sound holier than most. It also implies that any other kind of marriage is somehow cheap and flighty, perhaps even a bit tawdry and trashy."). Lynne Gold-Bikin offers a biting criticism of the two-tiered system: Let's take a look at what this Trojan Horse has brought us. First, it cheapens marriage by suggesting that you and I were not serious when we exchanged our vows and that the great state of Louisiana knows how to provide a real marriage for people who really want to commit to each other. Can't you hear it now: If you really love, you will commit to the covenant marriage. Gold-Bikin, supra note 29, at 9.
64. See LA. REV. STAT. ANN. § 9:273(A)(1) (West. Supp. 1998).
65. Civ. A. No. 91-1394, 1996 WL 694235 (Haw. Cir. Ct. Dec. 3, 1996) (holding under the equal protection clause of the Hawaii State Constitution that the sex-based classification for purposes of determining eligibility for marriage licenses was unconstitutional).
66. See Gold-Bikin, supra note 29, at 9.
67. Of interest is a study done in 1976 by Education for Marriage, Inc., which analyzed the different methods of premarital counseling and determined the most effective programs for engaged couples. See MARRIAGE STUDIES: REFLECTIONS IN CANON LAW AND THEOLOGY (Thomas P. Doyle ed., 1980).