aning by the state the whole community,
must concern itself with the marriage of its individuals. The
commonwealth must have future citizens, and these should be strong and
intelligent; hence it must prevent the breeding of the unfit. If parents
die, or fail in obligations, the community must care for the children.
In case of disagreement between married people, the courts of the
community must settle disputes about children and property; hence the
state must know when a man and woman determine to live together. The
regulation of marriage certainly belongs to the state, that is, to all
of us.
Marriage should therefore always be a matter of definite and open record
in the archives of the community. It should also be advertised, through
the public record, for a considerable time, preferably six months or a
year, before consummation, that the past experiences of contracting
parties may be looked up by interested friends or officials, and the
marriage of the unfit prevented; and so that mere caprice and passion
shall have time to realize their mistake and turn away. The form which
the final ceremony of marriage will take can well be left to the tastes
and traditions of the contracting parties.
The question of rights in children, or in property acquired after
marriage, should be settled by the state; and it is hard to see how it
can ever be settled satisfactorily except on a basis of equal
partnership. No man should be contented with a woman to bear and train
his children, and create a social atmosphere for his home, who is not
worth half of what he makes; and the same holds true of a woman. So with
regard to children, while one parent or the other may, under certain
conditions, be given the direction of the child's life, it is hard to
imagine any circumstances that would justify society in refusing either
father or mother the right frequently to see his child.
Since marriages must be contracted in youth and since inexperienced
people must make mistakes and the wisest must sometimes change, it will
sometimes happen that men and women must face the possibility of
separation. The problem of divorce is very difficult.[54] In less than
twenty years, from 1887 to 1906, 945,625 divorces were granted in the
United States; so that probably to-day there are nearly one million
divorced people in this country. Generally speaking, the divorce rate
increases as one goes westward. In 1900, the State of Washington led the
country wit
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