In other words, Mrs. Charity Coe Cheever, finding her life of good works and pure deeds crowned with the infamy which Mrs. Kedzie Dyckman in her anger and her haste pressed on her brow, had the full permission of the law to come into the public court, face a vitriolic lawyer, and deny her guilt.

If she survived the trip through hell she could collect from her accuser forty dollars to pay her lawyer with. The priceless boon of such a vindication she could keep for herself. And that ended her.

This is only one of the numberless vicious and filthy and merciless consequences of the things done in the name of virtue by those who believe divorce to be so great an evil that they will commit every other evil in order to oppose it.

In no other realm of law and punishment has severity had more need of hypocrisy to justify itself than in the realm of wedlock. What grosser burlesque could there be than the conflict between the theory and the practice? The law and the Church, claiming what few people will deny, that marriage is an immensely solemn, even a sacred, condition, have made entrance into it as easy as possible and the escape from it as difficult. It is as if one were to say, “Revolvers are very dangerous weapons, therefore they shall be placed within the reach of infants, but they must on no account be taken away from them, and once grasped they must never be laid down.”

The most stringent rules have been formulated to prevent those people from marrying each other who are least likely to want to—namely, blood relations. But there is no law against total strangers meeting at the altar for the first time, and the marriage by proxy of people who have never seen each other has had the frequent blessing of ecclesiastic pomp.

At a time when legal divorce was too horrible to contemplate they made very pretty festivals of betrothing little children who could not understand the ceremony or even parrot the pledge. Who indeed can understand the pledge before its meaning is made clear by life?

And why should people be forced to make an eternal pledge whose keeping is beyond their power or prophecy and from which there is no release? What is it but a subornation of perjury?

Those who so blithely scatter flowers before bridal couples and old shoes after them are perfectly benevolent, of course, in their abhorrence of separating the twain if they begin to throw their old shoes at each other; for they are sincerely convinced that if people were permitted to do as they pleased, nothing on earth would please them but vice. And so those who have the lawmaking itch set about saving humanity from itself by making inhuman laws, which the clever and the criminal evade or break through, leaving the gentle and the timid in the net.

For there was never no divorce. No amount of law has ever availed to keep those together who had the courage or the cruelty to break the bonds. By hook or by crook, if not by book, they will be free.

The question of the children is often used to cloud the issue, as if all that children needed for their welfare were the formal alliance of their parents, and as if a home where hatred rages or complacent vice is serene were the ideal rearing-ground for the young. When love of their children is enough to keep two incompatible souls together there is no need of the law. When that love is insufficient what can the law accomplish? And what of the innumerable families where there have been no children, or where they are dead or grown-up?