Men and women are not virtuous by law. Law does not of itself create virtue, nor is it the foundation or fountain of love. Law should protect virtue, and law should protect the wife, if she has kept her contract, and the husband, if he has fulfilled his. But the death of love is the end of marriage. Love is natural. Back of all ceremony burns and will forever burn the sacred flame. There has been no time in the world's history when that torch was extinguished. In all ages, in all climes, among all people, there has been true, pure, and unselfish love. Long before a ceremony was thought of, long before a priest existed, there were true and perfect marriages. Back of public opinion is natural modesty, the affections of the heart; and in spite of all law, there is and forever will be the realm of choice. Wherever love is, it is pure; and everywhere, and at all times, the ceremony of marriage testifies to that which has happened within the temple of the human heart.
Question (2). Ought divorced people to be allowed to marry under any circumstances?
This depends upon whether marriage is a crime. If it is not a crime, why should any penalty be attached? Can any one conceive of any reason why a woman obtaining a divorce, without fault on her part, should be compelled as a punishment to remain forever single? Why should she be punished for the dishonesty or brutality of another? Why should a man who faithfully kept his contract of marriage, and who was deserted by an unfaithful wife, be punished for the benefit of society? Why should he be doomed to live without a home?
There is still another view. We must remember that human passions are the same after as before divorce. To prevent remarriage is to give excuse for vice.
Question (3). What is the effect of divorce upon the integrity of the family?
The real marriage is back of the ceremony, and the real divorce is back of the decree. When love is dead, when husband and wife abhor each other, they are divorced. The decree records in a judicial way what has really taken place, just as the ceremony of marriage attests a contract already made.
The true family is the result of the true marriage, and the institution of the family should above all things be preserved. What becomes of the sacredness of the home, if the law compels those who abhor each other to sit at the same hearth? This lowers the standard, and changes the happy haven of home into the prison-cell. If we wish to preserve the integrity of the family, we must preserve the democracy of the fireside, the republicanism of the home, the absolute and perfect equality of husband and wife. There must be no exhibition of force, no spectre of fear. The mother must not remain through an order of court, or the command of a priest, or by virtue of the tyranny of society; she must sit in absolute freedom, the queen of herself, the sovereign of her own soul and of her own body. Real homes can never be preserved through force, through slavery, or superstition. Nothing can be more sacred than a home, no altar purer than the hearth.
Question (4). Does the absolute prohibition of divorce where it exists contribute to the moral purity of society?
We must define our terms. What is moral purity? The intelligent of this world seek the well-being of themselves and others. They know that happiness is the only good; and this they strive to attain. To live in accordance with the conditions of well-being is moral in the highest sense. To use the best instrumentalities to attain the highest ends is our highest conception of the moral. In other words, morality is the melody of the perfection of conduct. A man is not moral because he is obedient through fear or ignorance. Morality lives in the realm of perceived obligation, and where a being acts in accordance with perceived obligation, that being is moral. Morality is not the child of slavery. Ignorance is not the corner-stone of virtue.
The first duty of a human being is to himself. He must see to it that he does not become a burden upon others. To be self-respecting, he must endeavor to be self-sustaining. If by his industry and intelligence he accumulates a margin, then he is under obligation to do with that margin all the good he can. He who lives to the ideal does the best he can. In true marriage men and women give not only their bodies, but their souls. This is the ideal marriage; this is moral. They who give their bodies, but not their souls, are not married, whatever the ceremony may be; this is immoral.