Covenant Marriage: What is it and why is it important public policy?
by Ryan McCann

Statistics show that nearly half of all marriages will end in divorce. Why is the divorce rate so high? At least part of the blame falls squarely on the shoulders of no-fault divorce. No-fault divorce laws may account for somewhere between 15 to 25 percent of the increase in divorce that took place in the seventies (Gallagher). This meteoric rise in divorce has changed the landscape of marriage and family across the country. Today, if the Britney Spears’ of the world wish to get married one day and divorced the next, no-fault divorce laws (including Indiana’s own divorce law) support this desecration of the institution of marriage.

From the seventies onward, the divorce rate has skyrocketed and remained at unacceptably high levels. If no-fault divorce is at least part of the problem, then why don't we abolish it? Feminists, other liberal groups and some wobbly conservatives make the political climate unkind to this sort of out and out destruction of no-fault divorce. However, there is hope for divorce law reform.

Covenant Marriage is a separate form of marriage than that which is currently offered by the State of Indiana. The only marriage option in Indiana is "marriage-lite," if you will. You can get divorced at any time without a legitimate reason. In other words, you are not truly binding yourself to your spouse for life as marriage is intended to be. A Covenant Marriage option would allow couples to choose a more binding form of marriage than is currently offered. Within this form of marriage a couple could not legally separate or divorce without a legitimate reason. For example, domestic abuse, adultery, abandonment, etc. would be legitimate reasons for the marriage covenant to be legally destroyed, while irretrievable breakdown of the marriage would not. Furthermore, couples who enter into Covenant Marriages would be required to complete pre-marital counseling and agree to further marital counseling should marital difficulties arise.

Covenant Marriage would not only serve as a way for couples to fight for their marriages when times get tough, it would also increase respect for the institution. Couples who are serious enough about their relationship to pursue marriage will likely choose "real marriage" (covenant marriage) over “marriage-lite” (the current marriage option) in an attempt to more sincerely proclaim their love for one another. Even the most careless of marriage seekers will be forced to contemplate the agreement he or she is about to enter into due to the firm, life-long commitment the Covenant Marriage option will present. Additionally, if the couple chooses Covenant Marriage they will be obligated to complete pre-marital counseling before they are allowed to marry, increasing the time and thought committed to their decision.

Though Indiana is without this important marital option, we would not be the first to adopt such a provision. Arkansas, Arizona and Louisiana are all States that currently give a Covenant Marriage option. Tony Perkins, President of the Family Research Council, led the charge for Covenant Marriage in Louisiana.

Covenant Marriage, as with most sound public policy, is not without its detractors. They throw out many red herrings such as: "Women who are abused by their husbands will be forced to stay in their marriages," and "Those who do not have the financial resources to hire an attorney to obtain a divorce will suffer," etc. These and other arguments attempt to maintain the status quo at the expense of healthy marriages and families.

Of course, women, or men, who are abused by their spouse will not be forced to stay in an abusive relationship. As stated above, the Covenant Marriage option allows for legal separation or divorce upon proof of abuse or other legitimate reason. Secondly, a divorce is an expensive undertaking, with or without Covenant Marriage. It is estimated that each divorce costs $50,000; all the more reason to help couples prepare for and maintain healthy marriages, which the Covenant Marriage option would require. Many other arguments against the status quo of no-fault divorce are recycled in the media, but none of them carry water. The bottom line is that Covenant Marriage gives more options to couples seeking marriage. Everyone should be able to support that.

For an example of current Covenant Marriage legislation in the Indiana Senate, view Senate Bill No. 214 or email its author, Senator Dennis Kruse, for more information.

For further information contact me at ryan@hoosierfamily.org.