Covenant marriage is a legally distinct kind ofmarriage in three states of theUnited States (Arizona,Arkansas, andLouisiana), in which the marrying spouses agree to obtain pre-marital counseling and accept more limited grounds for later seekingdivorce (the least strict of which being that the couple lives apart from each other for two years).Louisiana became the first state to pass a covenant marriage law in 1997;[1][2] shortly afterwards,Arkansas[3] andArizona[4] followed suit. Since its inception, very few couples in those states have married under covenant marriage law.
As of the 2015 nationwidelegalization of same-sex marriage, covenant marriages now can be contracted by either opposite- or same-sex couples.
Prior to entering into a covenant marriage, a couple must attendpremarital counseling sessions "emphasizing the nature, purposes, and responsibilities of marriage"[5] and must sign a statement declaring "that a covenant marriage is for life."[6][7][8] In contrast tono-fault divorce's more lenient requirements for non-covenant marriages, a spouse in a covenant marriage desiring a divorce may first be required to attend marital counseling.[9][8] A spouse desiring a divorce must also prove that one of the following is true:[9][10][8]
Couples married without a covenant marriage may also accept the obligations of a covenant marriage at a later date.[11][8]
According to proponents of covenant marriage, the movement sets out to promote and strengthen marriages, reduce the rate of divorce, decrease the number of children born out of wedlock, discouragecohabitation, and frame marriage as an honorable and desirable institution.[12][13]
Despite the goals of covenant marriage proponents, in the three states with covenant marriage statutes, only an extremely small minority of newlyweds chose covenant marriage.[14] In Louisiana, between 2000 and 2010, only about 1 percent of marrying couples chose a covenant marriage, with the other 99 percent choosing to marry under standard marriage laws permittingno-fault divorce.[15] In Arizona, estimates of the rate of covenant marriage among new couples range from 0.25 percent to 1 percent.[16] In Arkansas, a similarly very small number of couples choose covenant marriage.[14][17]
A number of legal analyses suggest that states are likely to apply local state divorce law when a resident seeks a divorce, or when both members of a marriage agree to seek a divorce. This potentially renders covenant marriage's divorce restrictions ineffective if one individual establishes residency in a state without a covenant marriage law, or if both individuals go to such a state for an uncontested divorce.[18][19][20]
Critics of covenant marriage have described it "as an example of religion harnessing state power"[21] and creating roadblocks tono-fault divorce that "could easily exacerbate" a bad family "situation and harm kids."[17] According to these critics, "[w]aiting periods and mandatory classes 'add a new frustration to already frustrated lives'" and are merely "a form of paternalism – expanding government in pursuit of socially conservative ends."[17]
Though covenant marriage law is written neutrally with respect to religion, many view it as state permission for a religious form of marriage, particularly due to its historical background.[22] Katherine Spaht, a founder of theLouisiana Family Forum and a proponent of Louisiana's covenant marriage law, stated that one "less obvious objective" is "inviting religion back 'into the public square'" to "revitalize and reinvigorate the 'community' known as the church". This can be inferred, she said, from the rule about "who may perform the mandatory premarital counseling", namely, "a minister, priest, rabbi, or other clergyman of a religious sect".[13]Tony Perkins, a sponsor of the Louisiana Covenant Marriage Bill and another founder of the Louisiana Family Forum, described covenant marriage as fostering an environment for "traditional family values" that are "up to the faith community."[23]
When Johnson married his wife, Kelly Lary, in 1999, they chose what's known as a covenant marriage, which requires people to engage in premarital counseling and makes it harder to get divorced. The couple became spokespeople for the arrangement, first made available in Louisiana two years before they were wed and only allowed in a handful of states. Appearing on ABC'sGood Morning America a few years later, they called covenant marriage a 'no-brainer'.
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