Saturday, Mar. 03, 1923
Abolishing Reno
"Married in Greenwich, divorced at Reno," has been a commonplace in the last few years. Some people have used it as a text in attacking the institution of marriage. Others, less radical, have used it as a criticism of the inequality of our marriage and divorce laws. It is ridiculous that people should find it legal to do in one part of a country what is illegal in another part--as if morality were determined by state boundaries.
This, like many other criticisms of our laws, rises because when our Constitution was drawn the United States was looked upon not as a country, but as a group of countries. It was "these United States," not "this United States." In the 140 or 150 years since, our conception of government and our habits of travel from one state to another have so altered as to bring the nation together as a unit.
We have modified the Constitution to conform to this change in attitude. The 13th Amendment (anti-slavery), 14th (United States citizenship), 15th (Negro suffrage), 16th (Federal Income Tax), 17th (Manner of Electing Senators), 18th (Prohibition), and 19th (Woman Suffrage), have all had the purpose of unifying "this United States."
Now it is proposed to nationalize divorce laws. Senator Arthur Capper, of Kansas, has proposed a Constitutional Amendment permitting it. Except for those people who still adhere to the old conception of states rights, practically everyone is in favor of the new proposal. The specific provisions of the bill which Senator Capper proposed to pass under the new amendment are:
(1) Minimum age for marriage:
Girls--16 years, with consent of parents; 18 years without.
Boys--18 years, with consent of parents; 21 without.
(2) Divorces on the following grounds only:
Adultery.
Cruel treatment (mental or physical ).
Abandonment or failure to provide for one year.
Incurable insanity.
Conviction of a felony.
(3) Sixty days to elapse between application for divorce and hearing on the same.
(4) One year to elapse between the granting of a decree and the divorce becoming absolute.