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National
Organization for Women |
TWO-TIER MARRIAGE? |
Are you engaged? Planning a wedding in 2006? Have you considered a multiple tiered cake? How about a two-tiered marriage license?
In May 2005, Ohio Representative Keith Faber from Celina introduced House Bill 268 that would change the state requirements for a marriage license and add covenant marriage, another form of marriage to the state law. For a copy of H.B. 268 and an analysis visit
If this law passed any applicant for a marriage license would be required to receive 12 hours of premarital education by a minister, psychologist, marriage and family life educator or an individual registered to practice as a professional counselor or social worker in Ohio. Premarital education for partners planning a life together may be an excellent idea for couples, however, who should pay the cost of these sessions and why does Ohio have the right to take the option of saying “no” to counseling away from the partners.
Another part of H.B. 268 that would pertain to all applicants applying for a marriage license would be the requirement to complete a standardized marital inventory like “Facilitating Open Couple Communication, Understanding and Study” (FOCCUS) or “Premarital Preparation and Relationship Enhancement” (PREPARE).
Before this bill passes wouldn’t you like to know who would pay for the test and evaluation? What score would be an acceptable passing grade for a marriage license? What state employee would tell you that you couldn’t marry?
Along with mandating change for all people applying for a marriage license, H.B. 268 would allow certain individuals to enter into a “covenant marriage.” The covenant marriage would be granted to couples that would meet the Ohio revised code for all couples plus certain new requirements involving premarital counseling, a “declaration of intent to contract a covenant marriage” and a specific type of “premarital counseling affidavit.”
If a covenant marriage is granted it has legal consequences for the relationship pertaining to termination. It would make it harder than a regular marriage to end the relationship. The covenant marriage cannot be terminated by a dissolution of marriage. It cannot be annulled. Plus, it cannot not be terminated by a divorce unless there is a complete and total breach of the marital covenant by one person with the other person not breaching the marital covenant. The eleven grounds for a total breach of this covenant include such things as adultery, willful absence of one partner for one year, extreme cruelty, any gross neglect of duty and habitual drunkenness.
For more information on how covenant marriage influences society, read the Bowling Green State University Center for Family and Demographic Research Working Paper Series 02-06 by Laura Sanchez, Steven L. Nock, Julia L. Wilson, and James D. Wright. The paper “Is Covenant Marriage a Policy that Preaches to the Choir? A Comparison of Covenant and Standard Married Newlywed Couples in Louisiana” looks at the 1997 Louisiana law that introduces covenant marriage as a second tier to their standard marriage laws.
For a copy of this study contact: Bowling Green State University Center for Family and Demographic Research web site: www.bgsu.edu/organizations/cfdr phone: 419-372-7279.
For more information on how H.B. 268 is progressing through the Ohio House and Senate contact the sponsor, Rep. Faber at 614-466-6344, district77@ohr.state.oh.us or the House Judiciary Committee Chairman, Rep. John R. Willamowski at 614-466-9624, district04@ohr.state.oh.us
If you have comments on these proposals let your representative know. They can be found at www.legislature.state.oh.us or contact Rep. Faber and/or Rep. Willamowski.