Covenant marriage
Encyclopedia
In some parts 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 divorce
. The covenant marriage laws emphasize the belief that marriage is more than just a mere contract between two individuals, contending that without marriage, there would be no foundation of family in society and, in turn, no civilization or progress to follow.
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. 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.
, the pactum or sponsalia in Christianity
, and the kitab in Islam
, these three traditions treat marriage as a private, as well as public, institution, that was individual, social, temporal, and inspirational in quality. Each of these three religions command its followers to love one's God, oneself, and one's neighbors as delineated within their scriptures: the Torah
, the Bible
, and the Qur’an respectively.
All three of these religions believe that the ultimate origin of marriage was exemplified through the creation and commandments of God, linking marriage to a spiritual association subjected to the creed, regulations, and principles of the religious community. These religions aim to impose the ethical and legal norms of marriage onto the lives of individuals as well as surrounding communities. All three religions also insist that marriage be dependent on the mutual consent of the man and the woman and often include an exchange of property given by the husband to his prospective wife.
This act is sometimes followed by the wife bringing a dowry
into the marriage; the inclusion of a marriage liturgy
is a common aspect as well. Marriage rights include the right to support, protect, have sexual intercourse, and care for their children. All rights can be dissolved, however, if there proved to be grounds that exterminated the marriage’s validity (such as incest or adultery).
During the 1980s and 1990s, divorce became increasingly common. A greater number of marriages ended in divorce than in death or widowhood during that time. 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. 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 because divorce increases the poverty of women and inflicts psychological and social damage on children. Childbirth within marriage is promoted as well because two adults can bring more financial and emotional resources to the upbringing of children than just one.
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 the desolation of 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.
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.
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.
In 1997, Louisiana
became the first state to create covenant marriage as a legal category; since then Arkansas
and Arizona
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
, Indiana
, Iowa
, Kansas
, Maryland
, Minnesota
, Mississippi
, Missouri
, Nebraska
, New Mexico
, Oklahoma
, Oregon
, South Carolina
, Tennessee
, Texas
, Utah
, Virginia
, Washington, and West Virginia
; these efforts have not to date been successful.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a covenant marriage is a legally distinct kind of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, in which the marrying couple agree to obtain pre-marital counseling and accept more limited grounds for divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
. The covenant marriage laws emphasize the belief that marriage is more than just a mere contract between two individuals, contending that without marriage, there would be no foundation of family in society and, in turn, no civilization or progress to follow.
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. 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.
Religious backgrounds of covenant marriages
The idea of teaching marriage as more than "just a contract" comes from ancient Jewish, Christian, and Islamic teachings. Called ketubah in JudaismJudaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
, the pactum or sponsalia in Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
, and the kitab in Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
, these three traditions treat marriage as a private, as well as public, institution, that was individual, social, temporal, and inspirational in quality. Each of these three religions command its followers to love one's God, oneself, and one's neighbors as delineated within their scriptures: the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
, the Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
, and the Qur’an respectively.
All three of these religions believe that the ultimate origin of marriage was exemplified through the creation and commandments of God, linking marriage to a spiritual association subjected to the creed, regulations, and principles of the religious community. These religions aim to impose the ethical and legal norms of marriage onto the lives of individuals as well as surrounding communities. All three religions also insist that marriage be dependent on the mutual consent of the man and the woman and often include an exchange of property given by the husband to his prospective wife.
This act is sometimes followed by the wife bringing a dowry
Dowry
A dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...
into the marriage; the inclusion of a marriage liturgy
Liturgy
Liturgy is either the customary public worship done by a specific religious group, according to its particular traditions or a more precise term that distinguishes between those religious groups who believe their ritual requires the "people" to do the "work" of responding to the priest, and those...
is a common aspect as well. Marriage rights include the right to support, protect, have sexual intercourse, and care for their children. All rights can be dissolved, however, if there proved to be grounds that exterminated the marriage’s validity (such as incest or adultery).
Modern movement
The term covenant, which surfaced in Western law, theology, and ethics, today is being used as a device to highlight more powerful dimensions of marriage. Appearing 286 times in the Hebrew Bible, 24 in the New Testament of the Christian Bible, and 26 times in the Qu’ran, the term proves to be an integral part of scriptural significance. 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”. 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 or widowhood during that time. 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. 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
Marriage promotion
Marriage promotion is a neoliberal policy aiming to produce “strong families” for the purposes of social security; as found in 21st century American maternalism.The George W...
on the state level until George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
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 because divorce increases the poverty of women and inflicts psychological and social damage on children. Childbirth within marriage is promoted as well because two adults can bring more financial and emotional resources to the upbringing of children than just one.
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 the desolation of 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.
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
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
, a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
with jail time, or adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
; 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.
While prenuptial agreements governing the resolutions of issues in a divorce, and to a lesser extent, calling for alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
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.
In 1997, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
became the first state to create covenant marriage as a legal category; since then Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
and Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
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
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, Washington, and West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
; these efforts have not to date been successful.