Covenant Marriage Stalls in Indiana House Judiciary Committee by Ryan McCann

The vote on Covenant Marriage in the House Judiciary Committee on Tuesday, January 24, 2006 can be seen in two different ways. On the one hand, the committee killed the legislation for this session by failing to give it enough votes to pass, 5-6. On the other hand, Covenant Marriage received a committee hearing and a vote for the first time in the history of the Indiana General Assembly.

Representative Eric Turner (R) should be commended for his dedication to the Covenant Marriage bill, as its sponsor. His presentation of the bill in committee with the assistance of IFI President Curt Smith was heartfelt and nearly carried the day. Representatives Thomas (R), Koch (R), Torr (R), Foley (R) and Pond (R) should also be commended for their votes in favor of Covenant Marriage. Representatives Ulmer (R), Neese (R), Van Haaften (D), Kuzman (D), Bardon (D) and Lawson (D) voted against Covenant Marriage.

There were several concerns raised by committee members that were ultimately answered surrounding the details of Covenant Marriage and possible unintended consequences of the bill. However, there were a few points that seemed to stick with the committee members who voted against Covenant Marriage.

1. Covenant Marriage forces women to stay in abusive relationships.

The Indiana Coalition Against Domestic Violence (ICADV) argued that making couples prove abuse has occurred in a Covenant Marriage, when attempting to get a divorce, is a hurdle that will keep women in abusive relationships. Regardless of whether a couple chooses Covenant Marriage or the current (and only) marriage option, the process of going through a divorce is difficult and painful. However, Covenant Marriage will actually help protect women from abuse as it will force couples to complete marital counseling before entering into a Covenant Marriage, thus preparing the couple for difficulties that might arise in their marital relationship and how to properly handle those difficulties.

In making this argument against Covenant Marriage the spokeswoman for the ICADV inferred that marriage is a dangerous place for women by stating that among all women, married women experience the highest percentage of domestic violence However, on their own website the ICADV has statistics posted which indicate that married women are actually less likely to be abused than non- married women. According to ICADV, 31.1 percent of women who were victims of domestic violence in Indiana were abused by their husbands. However, over half (51.4 percent) of victims were abused by a boyfriend, live-in boyfriend (or girlfriend), or separated spouse.

Additionally, the ICADV spokeswoman claimed that one-third of all women are abused by their husbands. In actuality, the study she was quoting from (The Commonwealth Fund, Health Concerns Across a Woman’s Lifespan: 1998 Survey of Women’s Health, May 1999) lumps husbands and boyfriends into the same statistic. Given the fact (from ICADV’s website) that boyfriends are more likely to abuse women than husbands, this claim is exaggerated and falsely paints marital relationships as dangerous for women.

2. Covenant Marriage will cause divorce

Some committee members felt that Covenant Marriage would cause some married couples to divorce. The theory was that one spouse will urge the other spouse to agree to change over to a Covenant Marriage. Either the husband or the wife will not want to change over to a Covenant Marriage, which will start a fight and lead to a divorce. This scenario is not being reported in the States where Covenant Marriage currently exists and is not likely to cause mass quantities of divorces in Indiana either. The positives of Covenant Marriage vastly outweigh this highly unlikely potential negative.

3. Covenant Marriage will create second class marriages

The other argument that seemed to sway some committee members was that creating Covenant Marriage will create second class marriages (all those Hoosiers who won’t choose Covenant Marriage). All Hoosiers would be able to select Covenant Marriage if they so choose. Those who are more comfortable with the current form of marriage would be able to choose or continue to be bound under current marriage law. However, those who want an option that holds them accountable to their marriage vows of commitment in good times and in bad should also be allowed to have an option that suites them. Covenant Marriage will not redefine marriage or create a different class of marriage. Instead, it changes how a couple may get divorced if, and only if, they choose Covenant Marriage.

To make your voice heard on this issue, the toll free number for the Indiana House of Representatives is 1-800-382-9842

To learn more about Covenant Marriage go to the Indiana Family Institute website: www.hoosierfamily.org

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