DIVORCE
All this has an important bearing on the question of divorce. Divorce reformers are so much preoccupied with the injustice of forbidding a woman to divorce her husband for unfaithfulness to his marriage vow, whilst allowing him that power over her, that they are apt to overlook the pressing need for admitting other and far more important grounds for divorce. If we take a document like Pepys' Diary, we learn that a woman may have an incorrigibly unfaithful husband, and yet be much better off than if she had an ill-tempered, peevish, maliciously sarcastic one, or was chained for life to a criminal, a drunkard, a lunatic, an idle vagrant, or a person whose religious faith was contrary to her own. Imagine being married to a liar, a borrower, a mischief maker, a teaser or tormentor of children and animals, or even simply to a bore! Conceive yourself tied for life to one of the perfectly "faithful" husbands who are sentenced to a month's imprisonment occasionally for idly leaving their wives in childbirth without food, fire, or attendance! What woman would not rather marry ten Pepyses? what man a dozen Nell Gwynnes? Adultery, far from being the first and only ground for divorce, might more reasonably be made the last, or wholly excluded. The present law is perfectly logical only if you once admit (as no decent person ever does) its fundamental assumption that there can be no companionship between men and women because the woman has a "sphere" of her own, that of housekeeping, in which the man must not meddle, whilst he has all the rest of human activity for his sphere: the only point at which the two spheres touch being that of replenishing the population. On this assumption the man naturally asks for a guarantee that the children shall be his because he has to find the money to support them. The power of divorcing a woman for adultery is this guarantee, a guarantee that she does not need to protect her against a similar imposture on his part, because he cannot bear children. No doubt he can spend the money that ought to be spent on her children on another woman and her children; but this is desertion, which is a separate matter. The fact for us to seize is that in the eye of the law, adultery without consequences is merely a sentimental grievance, whereas the planting on one man of another man's offspring is a substantial one. And so, no doubt, it is; but the day has gone by for basing laws on the assumption that a woman is less to a man than his dog, and thereby encouraging and accepting the standards of the husbands who buy meat for their bull-pups and leave their wives and children hungry. That basis is the penalty we pay for having borrowed our religion from the East, instead of building up a religion of our own out of our western inspiration and western sentiment. The result is that we all believe that our religion is on its last legs, whereas the truth is that it is not yet born, though the age walks visibly pregnant with it. Meanwhile, as women are dragged down by their oriental servitude to our men, and as, further, women drag down those who degrade them quite as effectually as men do, there are moments when it is difficult to see anything in our sex institutions except a police des moeurs keeping the field for a competition as to which sex shall corrupt the other most.
IMPORTANCE OF SENTIMENTAL GRIEVANCE
Any tolerable western divorce law must put the sentimental grievances first, and should carefully avoid singling out any ground of divorce in such a way as to create a convention that persons having that ground are bound in honor to avail themselves of it. It is generally admitted that people should not be encouraged to petition for a divorce in a fit of petulance. What is not so clearly seen is that neither should they be encouraged to petition in a fit of jealousy, which is certainly the most detestable and mischievous of all the passions that enjoy public credit. Still less should people who are not jealous be urged to behave as if they were jealous, and to enter upon duels and divorce suits in which they have no desire to be successful. There should be no publication of the grounds on which a divorce is sought or granted; and as this would abolish the only means the public now has of ascertaining that every possible effort has been made to keep the couple united against their wills, such privacy will only be tolerated when we at last admit that the sole and sufficient reason why people should be granted a divorce is that they want one. Then there will be no more reports of divorce cases, no more letters read in court with an indelicacy that makes every sensitive person shudder and recoil as from a profanation, no more washing of household linen, dirty or clean, in public. We must learn in these matters to mind our own business and not impose our individual notions of propriety on one another, even if it carries us to the length of openly admitting what we are now compelled to assume silently, that every human being has a right to sexual experience, and that the law is concerned only with parentage, which is now a separate matter.
DIVORCE WITHOUT ASKING WHY
The one question that should never be put to a petitioner for divorce is "Why?" When a man appeals to a magistrate for protection from someone who threatens to kill him, on the simple ground that he desires to live, the magistrate might quite reasonably ask him why he desires to live, and why the person who wishes to kill him should not be gratified. Also whether he can prove that his life is a pleasure to himself or a benefit to anyone else, and whether it is good for him to be encouraged to exaggerate the importance of his short span in this vale of tears rather than to keep himself constantly ready to meet his God.
The only reason for not raising these very weighty points is that we find society unworkable except on the assumption that every man has a natural right to live. Nothing short of his own refusal to respect that right in others can reconcile the community to killing him. From this fundamental right many others are derived. The American Constitution, one of the few modern political documents drawn up by men who were forced by the sternest circumstances to think out what they really had to face instead of chopping logic in a university classroom, specifies "liberty and the pursuit of happiness" as natural rights. The terms are too vague to be of much practical use; for the supreme right to life, extended as it now must be to the life of the race, and to the quality of life as well as to the mere fact of breathing, is making short work of many ancient liberties, and exposing the pursuit of happiness as perhaps the most miserable of human occupations. Nevertheless, the American Constitution roughly expresses the conditions to which modern democracy commits us. To impose marriage on two unmarried people who do not desire to marry one another would be admittedly an act of enslavement. But it is no worse than to impose a continuation of marriage on people who have ceased to desire to be married. It will be said that the parties may not agree on that; that one may desire to maintain the marriage the other wishes to dissolve. But the same hardship arises whenever a man in love proposes marriage to a woman and is refused. The refusal is so painful to him that he often threatens to kill himself and sometimes even does it. Yet we expect him to face his ill luck, and never dream of forcing the woman to accept him. His case is the same as that of the husband whose wife tells him she no longer cares for him, and desires the marriage to be dissolved. You will say, perhaps, if you are superstitious, that it is not the same—that marriage makes a difference. You are wrong: there is no magic in marriage. If there were, married couples would never desire to separate. But they do. And when they do, it is simple slavery to compel them to remain together.