The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-17
Bishop Doane on Divorce.

Bishop DoANE Of tho Albany diocese OF
the Episcopal Church, In discussing the
question OF divorce in his diocesan address
on Wednesday expressed dread OF the at
tempt to obtain uniformity In the divorce
legislation Of the States. lest in tho effort
| to lift the lowest we lower the highest
standards Of the civil law" and yet spoke
in general terms OF commentator OF the
efforts to that end made by the commits
sioners who published lately a draft OF q
uniform law on the subject. That draft, how
ever, distinctly "lowers" the standard, to
use the term OF Bishop DoANE. Even at the
Lowest" he would allow the dissolution OF
marriage for adultery only as possibly
permissible" but he would prefer TO have
the Church "rid herself OF all responsibility
for marriage after DIVORCE" that is, mako
marriage indissoluble
No uniformity In the divorce legisla-
ton OF the States Is possible without a
lowering OF the standard, as he esteems
II. As we have shown before, New York
Is the only State OF the Union which con-
fines divorce to adultery merely. All the
rest with the exception OF South Carolina,
which has no divorce law. make at least
wilful desertion cause, thus following
the example Of Professionalism after the
Reformation and also the practice Of the
Greek Church. As the legal disabilities
OF women have been removed, too. there
have come simultaneously additional
causes expressly provided for their bene-
tit cruelty. intemperance and refusal
OF support. Barring New York, the chief
differences in the divorce legislation Of the
States concern merely the time OF previous
residence required. and consequently the
main and important distinction Ia between
New York and the rest OF the Union. Obyi-
ously, that State cannot expect all the
others to abandon their theory OF divorce
Legislation and accept it's singular restric-
tion OF full divorce to adultery alone. 1t
must go to them; they will not come to IT,
Accordingly, the commissioners to whom
Bishop DoANE referred recommended uni
form State legislation. under which d.
vorces should be allowed for these eau Sos
Adultery. extreme cruelty, habltual
drunkenness or the confirmed habit OF In
soxication, whether arising from the use
o. alcoholic drinks or drugs, and also con-
wilton Of felony. with sentence to prison,
ano continued desertion for at least =
sNN@H ~ 10 INV ihpioOoDio Iuht BuOn
unifom legislation could be obtained, but
the restriction OF tho causes to the New
YORK Init may be set down as impossible
Church and State being absolutely separated
by the fundamental law OF this Republic,
marriage g logically dissoluble as a civil
contract, aid the predominating American
practice Is u allow at least the causes OF
dissolution aAove named. women especially
taking advantage OF the opportunities they
| AFFORD for escaping from marriage bonds
intolerab!e to item. Not less logically, tho
law ought to go further and recognize as
legal only ciW marriage before civil
officers under the State and duly recorded.
| This, OF course loes not interfere with
the freedom OF Churches to legislate on the
| question Tor themselves and enforce their
laws on their own members, under the pain OF
ecclesiastical penalties. That Is what the
Roman Catholic Church does In refusing to
recognize the dissollbility OF marriage for
any cause. 1t proceeds Independently Of
the civil law. The Episcopal Church, whose
canon allows divorce for adultery only
and remarriage only to the innocent
party. Ia free to enforce It on its
COMMUNICATE, at the peril OF It's eccle-
"'eoNiSh Inc LTOuDlG with
IL has been that 1t has been unable to
command respect for It's authority In the
premises. Episcopalians OF social promi-
nence have detied 1t In numerous ins tances
bv getting divorces, oftentimes virtually
collusive. for any causes allowed by the
civil law In the States where divorce Is
easiest, and by getting married to new
mates, yet they seem TO have escaped eccle-
siastlcal condemnation no less than that
OF the society frequented by them. The
falilt, therefore. has not been with the civil
law, which, or course, knows nothing OF
SIN, Tor that IL purely religious term
b'it with the Church In neglecting to en- l.
iorce us canon against them and against
those or its communion who give them
social eoHntenance. Whether it could pre-
vent such contempt for its law by following
tho suggestion OF Bishop DoANE to make
marriage ndissoluble for any cause arising
after the solemnization OF the mating by
the Church, Is for it alone to decide though
II more liberal law cannot be enforced
against Its members, may 1t not well be
questioned II 1t could enforce severe lawp
Bishop DoANE, also, deprecated the grand
weddings OF fashion. with their 'excesses,
excitements and extravagances, crowds Of
irrcverent spectators profaning the house
OF GoD, with their display Of clothes, their |
Idle gossip" thus bringing into contrast
the solemn words Of the marriage service
with tho frivolity of modern society"
Wedding display. however, cannot DO called
truly a modern innovation, for 1t 10 old. |
However. II tho Church objects TO It the
Church Is free to forbidit Now. actually. |