Concerning Women

by Suzanne La Follette

The assumption that justice to motherhood and childhood will undermine the institution of marriage implies that marriage as an institution is based on injustice; which is to assume that it is fundamentally unsound. That it does, under present economic conditions, involve serious injustice to both sexes I have shown in the preceding chapter. But this notion implies something more: it implies that marriage is acceptable to women only or chiefly because it offers them a position of privilege—the privilege of exemption from the social and economic consequences of illegitimate motherhood. There is some show of reason in this; for the disabilities which marriage puts on women are in most communities humiliating and onerous, more particularly since the unmarried woman has so generally succeeded in establishing her right to be treated as a free agent. The abolition of illegitimacy may conceivably undermine institutional marriage; yet hardly before women are economically free. For her need of society’s protection against itself in the discharge of her maternal function has certainly had less to do with woman’s long acquiescence in the disabilities which marriage involves than the fact that marriage offered the only career which society approved for her or gave her much opportunity to pursue. She was under enormous economic and social pressure to accept those disabilities, and she yielded, precisely as thousands of men who have been under analogous pressure to get their living under humiliating conditions, have yielded, rather than not get it at all.

Since we have been discussing unmarried motherhood, we may appropriately begin our consideration of these disabilities by examining the status of motherhood in marriage. The married mother, particularly in modern times, is the object of a sickly pawing and adulation and enjoys a certain formal respect—not, however, as a mother, but as a mother of legitimate children. While she continues to live with her husband, she may exercise considerable supervision over the rearing of her offspring; indeed in some communities she is, by force of custom, supreme in this province. But in case of separation or the death of her husband, she may find herself without any legal claim to their guardianship or custody, for until recently children born in wedlock have been generally held to belong exclusively to the father. The principle of joint guardianship is coming to be recognized in modern jurisprudence, but there are communities where the old laws still hold. In Virginia, for example, the father’s claim is always preferred to that of the mother. In Maryland and Delaware it is preferred to such an extent that he may even, by his will, deprive her of the guardianship and custody of her children after his death. This provision is a survival from English common law, and is a logical correlative of woman’s status under that law, which was that of a minor. Her position with regard to her children was one of responsibilities with no compensating rights; and although the discriminations against her have been modified here and there, this is still pretty generally her position. In this respect the unmarried mother is better off than the mother of legitimate children, for in most countries, as the only legal parent of her child, she exercises the right of guardianship and control and possesses full claim to their services and earnings. The unmarried mother, in a word, bears her own children; the married mother bears the children of her husband.

Usage, as every one knows, is far ahead of the laws governing the rights of the married mother. In France, where her legal position is notoriously bad, her relation to her family is nevertheless one of influence and authority. In this country also her actual position is generally far better than that allowed her by the law. But this is merely to say that most husbands are more humane than the law; and the fact may not be ignored that so long as legal discriminations bar her from an equal share with her husband in the control and guardianship of her children, she exercises parental rights only on sufferance. It is the law which finally fixes her status in this as in other matters; and as long as she may legally be made to suffer injustice on account of her sex, she can hardly be called her husband’s equal, no matter what privileges she may enjoy by virtue of his indulgence.

So much for the disabilities of the married mother. Her compensations are the immunity that marriage affords her from society’s displeasure and consequent persecution; the inestimable advantage of her husband’s co-operation in making a home for her children, and in rearing and educating them; and the fact that they have a legal claim upon him for support and inheritance.

Her own claim for support does not depend, in law, upon her motherhood, but upon her wifehood. She is entitled to support whether she has children or not. On the other hand the law, in most communities, allows her nothing more than mere support, while at the same time it maintains certain restrictions upon her economic independence. Although most States now allow the wife to control her own earnings in industry, her services in the home are still pretty generally her husband’s property, and any savings that result from economy in her domestic management belong to him, and so does any money earned by her in her own house, as from taking in boarders or lodgers. In short, while she works in the home her status is that of her husband’s servant[22]. He may even, as in Michigan, still prevent her from undertaking employment outside the home, simply by withholding his consent. Nor is this the only way in which the opportunities of a married woman are restricted. She is frequently disqualified by her status for engaging in business on her own account, or for doing so without her husband’s consent. She may also be disqualified by law or prejudice for engaging in certain professions, such as teaching, an occupation in which, strangely enough, a married woman is frequently held to be incapable.

The claim for alimony which at present constitutes such a fecund source of injustice to men and corruption among women, implies the assumption that a woman is economically helpless, that she is a natural dependent whose support, having been undertaken by her husband, must be continued even after divorce, until she dies or finds another husband to support her. It does not take into account the woman’s rightful claim to any property that she may have helped her husband to accumulate, for the question whether or not she shall receive alimony is within the discretion of the court. On the other hand, the awarding of alimony may give a woman a claim to income from property possessed by her husband before marriage and therefore not rightfully to be enjoyed by her; it may, furthermore, give her an equally unjustifiable lien on his future earnings. Thus it allows women at once too little and too much. If the community is to continue to fix the economic obligations which marriage shall entail, it might be fairer to both sexes if those obligations were fixed as they have been in certain of our Western States. In those States, property acquired during marriage is regarded as common property, and in case of separation must be divided equally. Neither party may, during the marriage, dispose of such property without consent of the other; nor may either party dispose of more than half of it by will. On the other hand, either party has free disposal of property acquired before marriage, or inherited during marriage. In case one party dies intestate, the other shares equally with children in his or her half of the common property, and in other property. Thus the law raises woman above the status of a dependent and recognizes marriage as an equal partnership. Such laws, of course, do not fit all cases, for all marriages are by no means equal partnerships; but so long as the State insists upon maintaining a blanket-regulation of the marital relation, some such arrangement would seem to be more nearly just, both to men and women, than the laws now in force in most communities.

I have given only a partial list of the economic disabilities enforced upon a good many millions of married women. Their status in the various countries of the civilized world ranges all the way from complete subjection to their husbands to complete equality with them[23]. The subjection of women, like all slavery, has been enforced by legally established economic disadvantages; and upon the married woman these disadvantages, or some of them, are still binding in most communities. The law deprived her of the right to her own property and her own labour, and in return gave her a claim upon her husband for bare subsistence, which is the claim of a serf. Since woman’s partial emergence from her subjection, and the consequent modification of the discriminations against her, laws which were logical and effective when her status was that of a chattel have been allowed to survive other laws which made them necessary. The result is a grotesque hodge-podge of illogical and contradictory provisions which involve injustice to both sexes, and should be abolished by the simple expedient of making men and women equal in all respects before the law, and sweeping away all legal claims which they now exercise against one another by virtue of the marriage-bond.

This would mean, of course, that a woman might no longer legally claim support from her husband by virtue of her wifehood; nor should she in fairness be able to do so when all his claims to her property and services had been abolished. There is no reason why the disabilities which marriage imposes on women should be done away with and those which it imposes on men retained. To take such a course would be to turn the tables and place women in a position of privilege. The fact that women are still at considerable disadvantage in the industrial world might appear to justify such a position; but there is a better way of dealing with their economic handicaps than the way of penalizing husbands and demoralizing a large number of women by degrading marriage, for them, to the level of a means of livelihood, gained sometimes through virtual blackmail. Given complete equality of the sexes, so that prejudice may no longer avail itself of legal sanction for excluding women from the occupations in which they may elect to engage, the economic handicaps from which they may still suffer will be those resulting from the overcrowded condition of the general labour-market. The ultimate emancipation of woman, then, will depend not upon the abolition of the restrictions which have subjected her to man—that is but a step, though a necessary one—but upon the abolition of all those restrictions of natural human rights that subject the mass of humanity to a privileged class.

This phase of woman’s problem is the main thesis of my book; and since it will come in for detailed consideration in subsequent chapters, I leave it for the present and proceed to discuss some probable results of sex-equality and the removal of legal claims which marriage now gives husband and wife against one another.

The wife would no longer be humiliated by the assumption that as a married woman she is the natural inferior of her husband, and entitled to society’s protection against the extreme results of the disabilities that her status involves. If she became his housekeeper, she would do so by free choice, and not because her services were his legal property; and her resultant claim on his purse would be fixed by mutual arrangement rather than by laws allowing her the claims of a serf. The marriage, if it became an economic partnership, would be so by mutual consent and arrangement, and would thus no longer be a one-sided contract, legally defined, in which all the rights were on the side of the husband, but compensated in too many cases by unjust privileges on that of the wife. At the same time, the temptation to marry for economic security or ease would be lessened. This temptation besets both men and women, though not in the same degree, because men, through the economic advantage enjoyed by their sex, are oftener in a position of ease than women are. It is the temptation, arising out of man’s natural desire to gratify his needs with the least possible exertion, to live by the means of others rather than by one’s own labour. Its gratification through marriage would not be rendered impossible by the mere abolition of coercive laws governing the marriage relation; but at least its cruder manifestations, such as the frequent attempts of unscrupulous or demoralized women to use marriage for purposes of extortion, would no longer assail the nostrils of the public. Its reduction to a minimum must await the establishment of an economic order under which self-support will be easy and certain.