Marriage Laws in the 50 states

1
Marriage Lawsin the 50 states HISTORY divorce
and marriage laws in U.S.Gay rights, gay
marriage, and civil unions POLITICS of the
issue Iowa elsewhere!
2

• Marriage Divorce in the U.S.
• U.S. divorce rate rose sharply in the 1960s
  1970s, but has leveled off in recent years
• Different measures of rate are elusive still,
  50 of all U.S. marriages end in divorce
• Rise in no fault divorce is a cause of the
  rise instead of proving abuse, cruelty,
  desertion, or adultery, can claim irreconcilable
  differences and NO need to go to trial to
  establish fault...

3

• Defining Irreconcilable Differences
• Example from MICHIGAN law
• Breakdown of a marriage relationship, so that
  the object of matrimony love, sexual intimacy,
  commitment, childrearing?...left mostly vague
  has been destroyed with no likelihood that the
  marriage can now be preserved.
• Pure No-Fault states AK, MA, WA
• immediate divorce granted with no need for even
  a waiting period (or separation)

4

• Social Effects Marriage
• Divorce and the related conflict increases the
  avg. incidence in CHILDREN of
• psychological issues, incl. even suicide
• juvenile delinquency teen pregnancy
• Marquardt, Between Two Worlds The Inner Lives of
  Children of Divorce
• Wallerstein, The Unexpected Legacy of Divorce
• Marriage better than divorce/bachelorhood
• Overall health, wealth, and happiness of adults
  of all ages and both genders.

5
Public opinion on Divorce laws Should we make it
harder to get a divorce? Yes (50) No
(46) Should a marriage education class be a
requirement for a marriage license? Yes
(64) No (34) What is the main reason for rise
in divorce? Change in womens views on marriage
(38) Change in mens views on marriage
(18) Change in both women and men
(32) Should the government make divorce
harder? Yes (37) No (59)
6

• Covenant Marriage LA example 2
• an OPTIONAL add-on contract to a traditional
  state-marriage license
• Requires couple get premarital counseling
• Couple signs a declaration of intent to stay
  together for life vow to make efforts to save
  marriage (incl. counseling) if a conflict arises
• In turn, the state limits the grounds
  (justified reasons) for granting a divorce in
  their case!
• MUST SHOW 1 of adultery, imprisonment,
  abandonment (for at least 1 year), abuse, mutual
  separation (for at least 2 years)

7
GAY MARRIAGE/CIVIL UNIONSDefining the terms of
the debate Marriage a relationship between to
persons that is recognized by a state in a civil
contract (licensed) in the U.S. also
recognized by federal govt. for benefits Civil
Union a state-recognized legal relationship
nearly identical to marriage, carrying the same
rights benefits, but NOT recognized by federal
law OR called marriage Domestic partner
(domestic partner benefits) limited benefits
a state gives to couples, short of a civil union
8

• Defining the terms (contd)
• Full Faith and Credit clause of U.S. Constitution
  each state will recognize the laws of other
  states.
• Has NOT yet been interpreted to mean that gay
  marriages or civil unions must be recognized
  in other states
• DOMA (Defense of Marriage Act 1996) passed by
  Congress, signed by Pres. Clinton barred the
  federal govt from recognizing gay marriage AND
  ordered that states need not give full faith
  credit to gay marriage
• U.S. Supreme Court has declined to hear cases on
  whether the DOMA does or does not conflict with
  FFC or Equal Protection

9

• Politics of the issue in U.S. today
• Bush called for a U.S. Constitutional ban FMA
  on gay marriage but unlikely
• Conservative to moderate states moving quickly to
  state constitutional bans on it!
• Some more liberal states slowly moving toward the
  civil union approach handout
• Most liberal politicians/prez candidates not
  willing to go so far as gay marriage rights
• U.S. Supreme Court has NOT ruled in favor of a
  right to equal marriage

10

• What were the POSITIONS of the
• presidential contenders in 2008?
• What is Obamas position??
• nuanced, complicated, dodging?
• See the Pew Forum web site www.pewforum.org/relig
  ion08

11
What are the POSITIONS of 2010 Iowa gubernatorial
contenders? Culver (D) Branstad (R) Vander
Plaats (R) Roberts (R)
12
What is the solution? - - - -
13
A possible solution (compromise)? Should we
just remove marriage rights/benefits from state
control? the libertarian solution What would
this do to marriage?
14

• QUESTIONS ?