Mansfield Fox

Law student. Yankees fan. Massive fraggle. Just living the American dream.

Saturday, February 11, 2006

Let Not Man Put Asunder

I'm interested in getting people's views on this subject, which is of semi-peripheral interest to my SAW: to what extent do you think that the Constitution, and maybe liberalism generally, requires the availability of divorce (and perhaps even no-fault divorce)?

Could a state abolish divorce? Make all divorce decrees dependent on a finding of fault? What if it did so prospectively, so that marriages entered into before the abolition could still be ended without a finding of fault? Would it matter if the state recognized divorces granted in other jurisdictions? If the state neither had nor enforced laws against fornication or adultery? If the state had a two-tier system, with "civil unions" that could be ended without fault and "marriages" that required a finding of fault (or perhaps could not be ended at all)?

Anyway, I'm curious to hear what people think. Please feel free to email me (address at the bottom of the sidebar on the right).

(Cross-posted at the FedSoc blog)