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{{Essay|date=September 2010}}
In three states (Arizona, Arkansas, and Louisiana) of the [[United States]], a '''covenant marriage''' is a legally distinct kind of [[marriage]], in which the marrying couple agree to obtain pre-marital counseling and accept more limited grounds for later seeking [[divorce]]. Generally, covenant marriage statutes prohibit [[no-fault divorce]].
In three states ([[Arizona]], [[Arkansas]], and [[Louisiana]]) of the [[United States]], a '''covenant marriage''' is a legally distinct kind of [[marriage]], in which the marrying couple agree to obtain pre-marital counseling and accept more limited grounds for later seeking [[divorce]]. [[Louisiana]] became the first state to pass a covenant marriage law in 1997;<ref>{{cite web |title= Louisiana's Covenant Marriage Law: A First Step Towards a More Robust Pluralism in Marriage and Divorce Law? |first= Joel A. |last= Nichols
⚫
|work= University of St. Thomas School of Law (Minnesota) |publisher= Emory Law Journal |volume= 47 |year= 1998 |url= http://papers.ssrn.com/sol3/papers.cfm?abstract_id=762464 }}</ref><ref>{{cite web |title= Covenant Marriage |work= Lafayette Parrish Clerk of the Court, 15th Judicial District of Louisiana |accessdate= August 7, 2014 |url= http://www.lpclerk.com/covenantMarriageLaw.cfm }}</ref> shortly afterwards, [[Arkansas]]<ref>{{cite news |title= Covenant v. traditional marriage in Arkansas |work= Arkansas Times |date= July 18, 2013 |url= http://www.arktimes.com/arkansas/covenant-v-traditional-marriage-in-arkansas/Content?oid=2977993 }}</ref> and [[Arizona]]<ref>{{cite web |title= Covenant Marriage in Arizona |work= Arizona Supreme Court, Administrative Office of the Courts, Court Services Division, Court Programs Unit |publisher= Arizona State Library |date= 2006 |url= http://azmemory.azlibrary.gov/cdm/ref/collection/statepubs/id/24383 }}</ref> followed suit.

Prior to entering into a covenant marriage, a couple must attend premarital counseling sessions "emphasizing the nature, purposes, and responsibilities of marriage"<ref>Arkansas Code Annotated § 9-11-803</ref> and must sign a statement declaring "that a covenant marriage is for life."<ref>Arkansas Code Annotated § 9-11-804</ref> <ref>http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00901.htm&Title=25&DocType=ARS</ref> <ref>http://new.dhh.louisiana.gov/index.cfm/page/695</ref> In contrast to [[no-fault divorce]]'s more lenient requirements for non-covenant marriages, a spouse in a covenant marriage desiring a divorce may first be required to attend marital counseling.<ref>Arkansas Code Annotated § 9-11-808</ref> <ref>http://new.dhh.louisiana.gov/index.cfm/page/695</ref> A spouse desiring a divorce must also prove that one of the following is true:<ref>Arkansas Code Annotated § 9-11-808</ref> <ref>http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00903.htm&Title=25&DocType=ARS</ref> <ref>http://new.dhh.louisiana.gov/index.cfm/page/695</ref>
* The other spouse has committed [[adultery]].
* The other spouse has committed a [[felony]].
* The other spouse engages in substance abuse.
* The other spouse has physically or sexually abused the spouse or a child.
* The spouses have been living separately for a minimum amount of time specified by law (one or two years, depending on the law of the state).

Couples married without a covenant marriage may also accept the obligations of a covenant marriage at a later date.<ref>Arkansas Code Annotated § 9-11-807</ref> <ref>http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00902.htm&Title=25&DocType=ARS</ref> <ref>http://new.dhh.louisiana.gov/index.cfm/page/695</ref>


Despite the goals of covenant marriage proponents, in the three states with covenant marriage statutes, only an extremely small minority of newlyweds have chosen covenant marriage.<ref name="marriage.about.com">http://marriage.about.com/cs/covenantmarriage/a/covenant_3.htm</ref> In Louisiana, between 2000 and 2010, only about 1% of marrying couples chose a covenant marriage, with the other 99% choosing to marry under standard marriage laws permitting [[no-fault divorce]].<ref>http://blog.al.com/spotnews/2012/03/divorce_option_may_be_harder_t.html</ref> In Arizona, estimates of the rate of covenant marriage among new couples range from 0.25% to 1%.<ref>https://pantherfile.uwm.edu/sdrewian/www/MEApaper2003.pdf</ref><ref>http://www.eslawaz.com/covenant-marriage/</ref> In Arkansas, a similarly very small number of couples choose covenant marriage.<ref name="marriage.about.com"/><ref name="washingtonpost.com">http://www.washingtonpost.com/opinions/conservatives-arent-just-fighting-same-sex-marriage-theyre-also-trying-to-stop-divorce/2014/04/11/5f649bd6-bf48-11e3-bcec-b71ee10e9bc3_story.html</ref>
Despite the goals of covenant marriage proponents, in the three states with covenant marriage statutes, only an extremely small minority of newlyweds have chosen covenant marriage.<ref name="marriage.about.com">http://marriage.about.com/cs/covenantmarriage/a/covenant_3.htm</ref> In Louisiana, between 2000 and 2010, only about 1% of marrying couples chose a covenant marriage, with the other 99% choosing to marry under standard marriage laws permitting [[no-fault divorce]].<ref>http://blog.al.com/spotnews/2012/03/divorce_option_may_be_harder_t.html</ref> In Arizona, estimates of the rate of covenant marriage among new couples range from 0.25% to 1%.<ref>https://pantherfile.uwm.edu/sdrewian/www/MEApaper2003.pdf</ref><ref>http://www.eslawaz.com/covenant-marriage/</ref> In Arkansas, a similarly very small number of couples choose covenant marriage.<ref name="marriage.about.com"/><ref name="washingtonpost.com">http://www.washingtonpost.com/opinions/conservatives-arent-just-fighting-same-sex-marriage-theyre-also-trying-to-stop-divorce/2014/04/11/5f649bd6-bf48-11e3-bcec-b71ee10e9bc3_story.html</ref>
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Critics of covenant marriage have described it "as an example of religion harnessing state power" <ref>http://www.brandeis.edu/hbi/gcrl/images/mcclainWP.pdf</ref> and creating roadblocks to [[no-fault divorce]] that "could easily exacerbate" a bad family "situation and harm kids."<ref name="washingtonpost.com"/> According to these critics, "[w]aiting periods and mandatory classes 'add a new frustration to already frustrated lives'" and are merely "a form of paternalism - expanding government in pursuit of socially conservative ends." <ref name="washingtonpost.com"/>
Critics of covenant marriage have described it "as an example of religion harnessing state power" <ref>http://www.brandeis.edu/hbi/gcrl/images/mcclainWP.pdf</ref> and creating roadblocks to [[no-fault divorce]] that "could easily exacerbate" a bad family "situation and harm kids."<ref name="washingtonpost.com"/> According to these critics, "[w]aiting periods and mandatory classes 'add a new frustration to already frustrated lives'" and are merely "a form of paternalism - expanding government in pursuit of socially conservative ends." <ref name="washingtonpost.com"/>


As a law, covenant marriage is technically written neutrally with respect to religion, however it quickly became marked as a religious form of marriage, due to its historical background.<ref>Baker, Elizabeth H., et al. "Covenant Marriage and the Sanctification of Gendered Marital Roles." Journal of Family Issues 30.2 (2009): 147-178. SAGE Journals Online. Web. 8 Nov. 2009. <http://jfi.sagepub.com/cgi/reprint/30/2/147>.</ref> Indeed, Katherine Spaht, a founder of the [[Louisiana Family Forum]], and a proponent of Louisiana's covenant marriage law, stated that "[a]nother less obvious objective of the legislation, which is reflected in who may perform the mandatory pre-marital counseling, is to revitalize and reinvigorate the 'community' known as the church. Reinvigoration results from inviting religion back 'into the public square' ...."<ref name="faculty.law.lsu.edu"/> [[Tony Perkins (politician)]], a sponsor of the Louisiana Covenant Marriage Bill and another founder of the [[Louisiana Family Forum]], described covenant marriage as fostering an environment for "traditional family values" that are "up to the faith community."<ref>http://www.regentuniversityonline.com/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/v12n1/12RegentULRev27.pdf</ref>
Covenant marriage law is technically written neutrally with respect to religion, however many view covenant marriage law as government permitting a religious form of marriage, particularly due to its historical background.<ref>Baker, Elizabeth H., et al. "Covenant Marriage and the Sanctification of Gendered Marital Roles." Journal of Family Issues 30.2 (2009): 147-178. SAGE Journals Online. Web. 8 Nov. 2009. <http://jfi.sagepub.com/cgi/reprint/30/2/147>.</ref> Indeed, Katherine Spaht, a founder of the [[Louisiana Family Forum]], and a proponent of Louisiana's covenant marriage law, stated that "[a]nother less obvious objective of the legislation, which is reflected in who may perform the mandatory pre-marital counseling, is to revitalize and reinvigorate the 'community' known as the church. Reinvigoration results from inviting religion back 'into the public square' ...."<ref name="faculty.law.lsu.edu"/> [[Tony Perkins (politician)]], a sponsor of the Louisiana Covenant Marriage Bill and another founder of the [[Louisiana Family Forum]], described covenant marriage as fostering an environment for "traditional family values" that are "up to the faith community."<ref>http://www.regentuniversityonline.com/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/v12n1/12RegentULRev27.pdf</ref>

==Modern movement==
The term covenant, which surfaced in Western law, theology, and ethics,{{Citation needed|date=September 2010}} today is being used as a device to highlight more powerful dimensions of marriage. According to Covenant Marriage proponents, the term "covenant" appears 286 times in the Hebrew Bible, 24 times in the New Testament of the Christian Bible, and 26 times in the Qu’ran, proving to be an integral part of scriptural significance.<ref name=witte>Witte, John, Jr., and Eliza Ellison, eds.: Covenant Marriage in Comparative Perspective, [[William B. Eerdmans Publishing Co.]], 2005.</ref> Covenant is an ancient and religiously laden term that reaches far beyond the realm of marriage. Scholar Michael Lawler defines a covenant as “the standard term for making a covenant, likhrot berit, literally to cut a covenant, derives from an ancient ritual of covenant-making in which an animal was cut in half, the covenanting parties walked between the two halves. And the halves were then bound together”.<ref name=witte/> Covenants are believed to unite individuals as one, expecting both parties to uphold moral and legal faithfulness towards the covenant.

During the 1980s and 1990s, divorce became increasingly common. A greater number of marriages ended in divorce than in death and widowhood during that time.<ref name=nock/> Additionally, having children out of wedlock became more common and accepted. A wider variety of life choices became more acceptable within modern society: traditional [[marriage]] was only one of these options.

By 1970, the U.S. census estimated that there were 520,000 unmarried heterosexual couples living together and by 1998 that number had increased to 4.2 million, with half of the cohabitants having never been married.<ref name=nock/> In the mid-1990s, efforts were made to promote marriage as part of the emerging marriage movement.

Most significant was 1996, in which congressional reforms were passed concerning the welfare system in regards to unmarried births and decline in marriage. The [[Personal Responsibility and Work Opportunity Reconciliation Act]] (PRWORA) suggested that the increase in unmarried births and lowered marriage rates were being caused by social problems that were endangering the country. This act spurred [[marriage promotion]] on the state level until [[George W. Bush]] was elected U.S. President in 2000, and the issue was then nationally promoted.

The overarching goal of the movement currently in the United States is to strengthen and promote marriage throughout the country. Policy makers and private interest groups who seek to advance the movement encourage marriage according to the belief that marriage lowers poverty rates, therefore reducing the number of people on welfare.

Divorce is also discouraged on the grounds that divorce increases the poverty of women and inflicts psychological and social damage on children. Childbirth within marriage is promoted as well for the reason that two adults can bring more financial and emotional resources to the upbringing of children than just one.<ref name=nock/>

As a result of the social and political changes that have occurred in the United States, the movement seeks to inform couples of the seriousness and permanence of marriage. This way marital separation can be avoided by assisting couples in understanding the full implications of getting married.

The covenant is complete after the couple attends premarital counseling, followed by the signing of a document, entitled the "Declaration of Intent", which obligates the couples to reveal any knowledge that they feel might put their future marriage in jeopardy. The declaration also includes a promise to preserve their marriage if marital difficulties arise.<ref name=witte/>

It is more difficult for couples who have a legal covenant marriage to obtain a divorce. Cause for divorce is typically limited to [[domestic violence]], a [[felony]] with jail time, or [[adultery]]; however, these restrictions do not apply if one or both spouses file for divorce in a state that does not recognize covenant marriages. To date, the number of couples choosing covenant marriage in the states where it is an option has ranged between 1 and 3 percent of all marriages.{{Citation needed|date=September 2010}}

While [[prenuptial]] agreements governing the resolutions of issues in a divorce, and to a lesser extent, calling for [[alternative dispute resolution]] in a divorce, have sometimes been upheld, pre-nuptial agreements have generally not been held to permit alteration of the grounds upon which the parties may obtain a divorce. Therefore, covenant marriage cannot generally be secured without statutory assistance.{{Citation needed|date=September 2010}}

In 1997, [[Louisiana]] became the first state to create covenant marriage as a legal category;<ref>{{cite web |title= Louisiana's Covenant Marriage Law: A First Step Towards a More Robust Pluralism in Marriage and Divorce Law? |first= Joel A. |last= Nichols
⚫
|work= University of St. Thomas School of Law (Minnesota) |publisher= Emory Law Journal |volume= 47 |year= 1998 |url= http://papers.ssrn.com/sol3/papers.cfm?abstract_id=762464 }}</ref><ref>{{cite web |title= Covenant Marriage |work= Lafayette Parrish Clerk of the Court, 15th Judicial District of Louisiana |accessdate= August 7, 2014 |url= http://www.lpclerk.com/covenantMarriageLaw.cfm }}</ref> since then [[Arkansas]]<ref>{{cite news |title= Covenant v. traditional marriage in Arkansas |work= Arkansas Times |date= July 18, 2013 |url= http://www.arktimes.com/arkansas/covenant-v-traditional-marriage-in-arkansas/Content?oid=2977993 }}</ref> and [[Arizona]]<ref>{{cite web |title= Covenant Marriage in Arizona |work= Arizona Supreme Court, Administrative Office of the Courts, Court Services Division, Court Programs Unit |publisher= Arizona State Library |date= 2006 |url= http://azmemory.azlibrary.gov/cdm/ref/collection/statepubs/id/24383 }}</ref> have followed suit. People who are already married in these states may change their marriage to a covenant marriage.

Legislation has been introduced to create legal covenant marriage in a number of other states, including [[California]], [[Florida]], [[Georgia (U.S. state)|Georgia]], [[Indiana]], [[Iowa]], [[Kansas]], [[Maryland]], [[Minnesota]], [[Mississippi]], [[Missouri]], [[Nebraska]], [[New Mexico]], [[Oklahoma]], [[Oregon]], [[South Carolina]], [[Tennessee]], [[Texas]], [[Utah]], [[Virginia]], [[Washington (U.S. state)|Washington]], and [[West Virginia]]; these efforts have not to date been successful.{{Citation needed|date=September 2010}}


==Bibliography==
==Bibliography==

Revision as of 06:31, 29 June 2015

In three states (Arizona, Arkansas, and Louisiana) of the United States, a covenant marriage is a legally distinct kind of marriage, in which the marrying couple agree to obtain pre-marital counseling and accept more limited grounds for later seeking divorce. Louisiana became the first state to pass a covenant marriage law in 1997;[1][2] shortly afterwards, Arkansas[3] and Arizona[4] followed suit.

Prior to entering into a covenant marriage, a couple must attend premarital counseling sessions "emphasizing the nature, purposes, and responsibilities of marriage"[5] and must sign a statement declaring "that a covenant marriage is for life."[6] [7] [8] In contrast to no-fault divorce's more lenient requirements for non-covenant marriages, a spouse in a covenant marriage desiring a divorce may first be required to attend marital counseling.[9] [10] A spouse desiring a divorce must also prove that one of the following is true:[11] [12] [13]

  • The other spouse has committed adultery.
  • The other spouse has committed a felony.
  • The other spouse engages in substance abuse.
  • The other spouse has physically or sexually abused the spouse or a child.
  • The spouses have been living separately for a minimum amount of time specified by law (one or two years, depending on the law of the state).

Couples married without a covenant marriage may also accept the obligations of a covenant marriage at a later date.[14] [15] [16]

Despite the goals of covenant marriage proponents, in the three states with covenant marriage statutes, only an extremely small minority of newlyweds have chosen covenant marriage.[17] In Louisiana, between 2000 and 2010, only about 1% of marrying couples chose a covenant marriage, with the other 99% choosing to marry under standard marriage laws permitting no-fault divorce.[18] In Arizona, estimates of the rate of covenant marriage among new couples range from 0.25% to 1%.[19][20] In Arkansas, a similarly very small number of couples choose covenant marriage.[17][21]

According to proponents of covenant marriage, the movement sets out to promote and strengthen marriages, reduce the rate of divorce, lessen the number of children born out of wedlock, discourage cohabitation, and frame marriage as an honorable and desirable institution.[22][23]

Critics of covenant marriage have described it "as an example of religion harnessing state power" [24] and creating roadblocks to no-fault divorce that "could easily exacerbate" a bad family "situation and harm kids."[21] According to these critics, "[w]aiting periods and mandatory classes 'add a new frustration to already frustrated lives'" and are merely "a form of paternalism - expanding government in pursuit of socially conservative ends." [21]

Covenant marriage law is technically written neutrally with respect to religion, however many view covenant marriage law as government permitting a religious form of marriage, particularly due to its historical background.[25] Indeed, Katherine Spaht, a founder of the Louisiana Family Forum, and a proponent of Louisiana's covenant marriage law, stated that "[a]nother less obvious objective of the legislation, which is reflected in who may perform the mandatory pre-marital counseling, is to revitalize and reinvigorate the 'community' known as the church. Reinvigoration results from inviting religion back 'into the public square' ...."[23] Tony Perkins (politician), a sponsor of the Louisiana Covenant Marriage Bill and another founder of the Louisiana Family Forum, described covenant marriage as fostering an environment for "traditional family values" that are "up to the faith community."[26]

Bibliography

  • Baker, Elizabeth H., et al. "Covenant Marriage and the Sanctification of Gendered Marital Roles." Journal of Family Issues 30.2 (2009): 147-178. SAGE Journals Online. Web. 8 Nov. 2009. <http://jfi.sagepub.com/cgi/reprint/30/2/147>.
  • Chapman, Gary D. Covenant Marriage: Building Communication & Intimacy, Broadman & Holman Publishers (September, 2003), ISBN 0-8054-2576-4.
  • Lowery, Fred L. Covenant Marriage: Staying Together for Life.[27]
  • Nock, Steven L., Laura Ann Sanchez, and James D. Wright. Covenant Marriage: The Movement to Reclaim Tradition in America. United States of America: Rutgers University Press, 2008. UNC-CH Online Library. Web. 8 Nov. 2009. <http://site.ebrary.com/lib/uncch/ docDetail.action ?docID=10275489>.
  • Samuel Pyeatt Menefee, The Sealed Knot: A Preliminary Bibliography of Covenant Marriage, Regent University Law Review, vol. 12, no. 1 (1999): pp. 145–282.
  • Witte, John, Jr., and Eliza Ellison, eds. Covenant Marriage in Comparative Perspective. United States of America: William. B. Eerdmans Publishing Co., 2005. Print.

References

  1. ^ Nichols, Joel A. (1998). "Louisiana's Covenant Marriage Law: A First Step Towards a More Robust Pluralism in Marriage and Divorce Law?". University of St. Thomas School of Law (Minnesota). Emory Law Journal.
  2. ^ "Covenant Marriage". Lafayette Parrish Clerk of the Court, 15th Judicial District of Louisiana. Retrieved August 7, 2014.
  3. ^ "Covenant v. traditional marriage in Arkansas". Arkansas Times. July 18, 2013.
  4. ^ "Covenant Marriage in Arizona". Arizona Supreme Court, Administrative Office of the Courts, Court Services Division, Court Programs Unit. Arizona State Library. 2006.
  5. ^ Arkansas Code Annotated § 9-11-803
  6. ^ Arkansas Code Annotated § 9-11-804
  7. ^ http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00901.htm&Title=25&DocType=ARS
  8. ^ http://new.dhh.louisiana.gov/index.cfm/page/695
  9. ^ Arkansas Code Annotated § 9-11-808
  10. ^ http://new.dhh.louisiana.gov/index.cfm/page/695
  11. ^ Arkansas Code Annotated § 9-11-808
  12. ^ http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00903.htm&Title=25&DocType=ARS
  13. ^ http://new.dhh.louisiana.gov/index.cfm/page/695
  14. ^ Arkansas Code Annotated § 9-11-807
  15. ^ http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00902.htm&Title=25&DocType=ARS
  16. ^ http://new.dhh.louisiana.gov/index.cfm/page/695
  17. ^ a b http://marriage.about.com/cs/covenantmarriage/a/covenant_3.htm
  18. ^ http://blog.al.com/spotnews/2012/03/divorce_option_may_be_harder_t.html
  19. ^ https://pantherfile.uwm.edu/sdrewian/www/MEApaper2003.pdf
  20. ^ http://www.eslawaz.com/covenant-marriage/
  21. ^ a b c http://www.washingtonpost.com/opinions/conservatives-arent-just-fighting-same-sex-marriage-theyre-also-trying-to-stop-divorce/2014/04/11/5f649bd6-bf48-11e3-bcec-b71ee10e9bc3_story.html
  22. ^ Nock, Steven L., Laura Ann Sanchez, and James D. Wright. Covenant Marriage: The Movement to Reclaim Tradition in America: Rutgers University Press, 2008. UNC-CH Online Library. Web. 8 Nov. 2009. <http://site.ebrary.com/lib/uncch/docDetail.action?docID=10275489>.
  23. ^ a b http://faculty.law.lsu.edu/katherinespaht/covenantmarriage.htm
  24. ^ http://www.brandeis.edu/hbi/gcrl/images/mcclainWP.pdf
  25. ^ Baker, Elizabeth H., et al. "Covenant Marriage and the Sanctification of Gendered Marital Roles." Journal of Family Issues 30.2 (2009): 147-178. SAGE Journals Online. Web. 8 Nov. 2009. <http://jfi.sagepub.com/cgi/reprint/30/2/147>.
  26. ^ http://www.regentuniversityonline.com/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/v12n1/12RegentULRev27.pdf
  27. ^ Fred L. Lowery, Covenant Marriage: Staying Together for Life. Howard Books (books.google.com). ISBN 1-58229-393-7. Retrieved June 16, 2012.
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