Marriage, Divorce, Subject of Conservatives' Proposals

Marriage, divorce subject of conservatives' proposals

By Kelley Shannon, Associated Press, The Dallas Morning News, April 14, 2007

Deep in the heart of Texas, some state legislators are trying to lay down the law about affairs of the heart.

Proposals that would encourage couples to undergo premarital education, extend the waiting period for a divorce and provide the option of creating a "covenant marriage" are up for consideration at the Capitol.

Social conservatives pushing the measures say they want everyone who enters marriage -- or who tries to get out of it -- to think about the seriousness the union, especially for the sake of children who could grow up impoverished because of divorce.

"Divorce is what keeps many of our people in poverty. I am trying to do something to raise people out of poverty," said Rep. Warren Chisum, a Pampa Republican and sponsor of several marriage bills.

Critics say Texans, known for their fierce sense of independence, shouldn't be subjected to state intervention in their relationships.

One of Chisum's proposals approved by the House on Thursday would waive the $30 marriage license fee for couples who take premarital instruction courses. Opposition from members of both political parties forced Chisum to back off of his attempt to boost the marriage license fee to $100 for those who don't take the eight-hour course.

Opponents said that would have amounted to a marriage tax and would have discouraged marriage. Some said they like the idea of premarital counseling, but only if the couple chooses it on their own, not because the state forces it.

"It appears that government is growing under this scenario to become the marriage counselor to Texas," said Rep. Garnet Coleman, a Houston Democrat. "A lot of people don't want government interfering in the family."

The fate of Chisum's bill is uncertain in the Senate.

Also uncertain are the prospects for a bill by Sen. Dan Patrick, a Houston Republican, who wants to extend the waiting period for a no-fault divorce in Texas to six months, from the current two months. The waiting time would be three months if the divorcing couple undergoes 10 hours of marital counseling.

That legislation hasn't made it out of a Senate committee.

Chisum has another bill coming before the House on Tuesday that encourages couples filing for divorce to attend a 10-hour crisis marriage counseling course, where the instruction would include conflict management and forgiveness skills.

Other lawmakers' proposals would make a "covenant marriage" available to those planning to marry or couples who are already married. Supporters describe a covenant marriage as one that lasts for the rest of the couple's lives. The couple would agree to take part in marriage counseling and take all reasonable efforts to preserve the marriage if there are difficulties.

A small number of states provide for covenant marriages that make divorce more difficult, but it's not clear that they've had any impact.

The conservative Texas Free Market Foundation, which lobbies for bills it says strengthens families, doesn't support the covenant marriage plan because the group contends all marriages should adhere to a strong contract, not just some.

"It (marriage) is the only contract currently in the state of Texas that you can breach with impunity," said Kelly Shackelford, foundation president. "It's the least respected contract by the state. That should be completely opposite."

The foundation does support state-encouraged premarital counseling and a longer divorce waiting period.

"Anything that makes marriage more treasured, we're for," Shackelford said. "It should be harder to get in and harder to get out so that it's elevated and treasured."

The Texas chapter of the National Association of Social Workers opposes the marriage and divorce proposals.

"We're all for protecting healthy families and strong and healthy children," said Carol Miller, director of government relations for the association. But, she said, there may be negative unintended consequences from some of the legislation.

The group is urging the Legislature to spend its limited time establishing programs like affordable, high-quality child care and access to behavioral health services throughout the state.

Miller also fears that extending the wait for a divorce would delay court orders for custody and child support.

"This is not necessarily in the best interest of these children," she said. "So we're concerned about that."

Supporters of the marriage bills point to a high divorce rate in Texas, but statistics show the rate actually is falling.

Between 2003 and 2004, the most recent figures available from the Texas Department of State Health Services, divorces fell 3.5 percent to a rate of 3.6 divorces per 1,000 residents.

The Texas divorce rate climbed rapidly beginning in 1970 and peaked in 1981. It then fell consistently through the 1980s, rose briefly until 1992 and has been dropping ever since.

This session is not the first in which conservative legislators have tried to revamp the state's marriage and divorce laws. They've pushed measures they say would bolster traditional families since Republicans won control of both chambers of the Legislature in 2003.

One of the highest-profile bills came in 2005, when Chisum put forth a state constitutional amendment to ban same-sex marriages. The amendment described marriage as being only between a man and a woman. Texas voters overwhelmingly approved the gay marriage ban.

Republican Gov. Rick Perry who often sides with social conservatives isn't taking a stand on particular bills at this point but generally agrees with Chisum and others who are focusing on marriage, said spokeswoman Krista Moody.

"The governor supports strong families, making divorce less frequent and keeping families together," she said.

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