Changes Suggested

Southland Times, Issue 23444, 26 February 1938, Page 17

Changes Suggested

AMERICA’S MARRIAGE LAWS A constitutional amendment of exceptional importance has just been introduced into the United States by Mr Arthur Capper, of Kansas (states a writer in The Manchester Guardian). He proposes that power be given to Congress to regulate marriage and divorce on a national basis. At present there exists great diversity in the legislation of the several states on these subjects. In fact, the only uniform requirement for marriage is the necessity of getting a licence. Even in the matter of obtaining such a licence there is no agreement, for while in some states candidates for matrimony may obtain one immediately on application, there are two in which they must give three days’ notice and twelve in which

they must wait five days. So, too, the minimum marriageable age ranges from 14 to 21 for men and from 12 to 18 for women. Moreover, throughout the South marriage between whites and negroes is prohibited, and Arizona forbids a Caucasian to marry a Malay or a Filipino. There is an even greater diversity among state laws relating to divorce. South Carolina does not allow divorce for any cause, but in other states as many as twenty causes are variously recognized. Obviously there is much to be said in favour of a uniform practice in these matters, but the states usually adopt such a jealous attitude in defence' of their individual powers that there seems little hope of early reform.