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2003

Marriage

Chauncey Brummer

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Full-Text Articles in Law

The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer Jan 2003

The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer

Chauncey Brummer

Covenant marriage laws have been defended as a way of strengthening marriage and decreasing divorce rates. However, these laws may actually work against the state’s interest by placing limitations on marriage. Arkansas’s Covenant Marriage Act of 2001 was based on similar statutes in Louisiana and Arizona. A philosophical analysis of the Arkansas act showcases problems that may arise from covenant marriage generally. Ultimately, covenant marriage does not prevent divorce but prolongs an irreconcilable marriage to the harm of its parties. State policies of marital stability may be better served by other premarital options that reinforce marriage’s contractual ...