We are also aware that that church revises its opinions more slowly than does any other.
It is equally well known to the intelligent reader that the variations from the emphatic Yes of the Catholic church, run the scale in the Protestant denominations from a moderately firm yes to a distinctly audible no. Given the denomination and a slight knowledge of its history—whether it claims to be infallible and divine, as the Catholic and Episcopal, or only partly so as the Methodist, Presbyterian, and Congregational, or whether as the Unitarian and Universalist they claim to be human only—and you are prepared to state what the adherents of those churches will hold as to the marriage and divorce questions without resort to long papers or circumlocution. Now, for the various sects to teach or believe what they please on this and other subjects is their undoubted right so long as they do not attempt to control other people in matters which are outside of the province of the church, and so long as their own adherents are satisfied to abide by the decisions of the communion to which they belong.
The question is, then, what is best for society as it is and as it is likely to be? What is best for society as it is now? Who is benefited or who harmed by the continuance of a loathesome relationship? Is the State and are the people interested in refusing to allow two people to correct a mistake once made? Is it for the good of anyone to make mistakes perpetual?
I repeat that it is a question in economics and morals. It has nothing whatever to do with religion.
Let us keep our minds clear of rubbish, and above all let us request that our legislators do not tamper with a question of such vital importance to women, in any manner (as is just now proposed) to crystalize the divorce laws into national form and application, until women be heard in the matter, freely and fully, without fear or intimidation. If it were proposed to make a national law for railroads without giving a hearing to but one side of the question; if it were suggested that Congress pass an educational bill of universal application without permitting any but its friends to be heard; if a general measure to control interest on money were up, and none of the money-lenders were given a hearing—only borrowers—there would be a great stir made about the injustice and inequity of such legislation. But it is deliberately proposed to pass a national marriage and divorce law, to regulate the one condition of life which is absolutely vital to women under present conditions, and to make this law a part of the national Constitution, without taking the trouble to hear one word from her on the subject. Let us agitate this question thoroughly. Let us discuss it on the basis where it belongs; where our laws have already put it—the economic, and moral, and social basis. Let us clear the track of both sentimentality and superstition. Let us hear from both sides—from both parties interested. We do not drag religion into the interstate commerce debate. When a bill comes up for street-paving, nobody inquires what kind of stone St. Paul was interested in having put down. When the Chinese bill is before us, it is not necessary to know what St. Sebastian thought of the laundry business. Their views may have been sound; but they do not apply. I repeat, therefore, let us keep to the subject, keep the subject on the basis where it belongs, have our conclusions at least blood relatives of our premises, and let us hear from both sides of the fireplace. And finally, let us discuss this matter thoroughly but let us keep clear of passing a national law until both parties to the contract be heard, not only in the press, but in the legislative deliberations.
A recent writer of one of the ablest and clearest papers yet contributed on this subject, in arguing in favor of an amendment to the Constitution, which shall make divorce laws uniform, says: "Let it clearly be shown that Congress can best legislate in the interests of the whole people (the italics are mine) upon the subject, and the people, and their representatives, the legislative assemblies, can be trusted to authorize it." It does not occur to even this able writer that half of the "whole people" will have no representation in either the legislative assemblies nor in Congress, and that on this subject above all others, this unrepresented half has far more at stake than has the other, and that when an amendment to the national Constitution is accomplished, it is a very much more difficult thing to correct any blunder it may contain, than it would be if the blunder were not made a part of that instrument.
All men appear to agree that marriage is preeminently woman's "sphere." Certainly under existing conditions, and under conditions as they are likely to be for some time to come, it is the one field open to her—it is her "lot." At present she has nothing to say as to the laws which control—as to the terms of this single contract of her life—the one disposition she is free to make of herself and still retain her social status and secure support. It would seem only humane to place no farther thorns in her path. Until she has a voice—is represented—the "whole people" cannot amend the Constitution in respect to marriage and divorce—in respect to the "one sphere" which all men concede is woman's one peculiar right.
No laws on these subjects—above all others—should be crystalized into national form and appended to the Constitution until it is done by the help and with the consent of the half of the people whom it will most seriously affect.