Omaha daily bee., 1914-01-13
The Wisconsin Marriage Law

The tollo,ring Analysis Of the ne,o Wis
ooRsiR "eugeRic" marviros la,c kas BEEN
prepared for The Bee by one or Omaha 3
leading physicidns, tcho has eurcfui u
studied t,e ldp in question, and has
herein prcsented ne obpious detects in ne
measure, especially those och,ch tend 20
make IL aR'oorkable, as ,ost as sho,pino
some Of its Inconsistencies and It's unrai,~
acSS IRON a strictly scientific standpoint.
No better illustration of frenzied or fad
law making can be cited than the re-
Gently enacted amendment to the wiscon-
sin marriage law. This law provides that
all male persons making application for
license TO marry shall within fifteen
days prior TO such application be ex-
a1nined as to the existence or non-ex-
istence OF any veneresl diseases" II rur-
ther specifically states that the certifi-
cate OF the physician making the examI-
| nation shall show that such a person
is free from acquired Venereal diseases
80 nearly as can be determined by ply
stcal examination and the application OF
recognized clinical and laboratory tests
OF scientific search. "fsp" Phy ysicians max
ing the examination must be duly H.
| censed to practise. must be of scientific
attachments ard not less than 20 years
of age" The fec for the examination IL
fixed at 81. However, should the appH-
cant be INDECENT the examination may be
made by the county physician without
charge.
AS TO the propriety of diseased per-
Sn he'll g., Inv
endangering the health and happiness OF
the other party or possible children, there
can scarcely be two opinions, or oppo-
sition to a prohibitive law. Indeed, pub
iio opinion is quite ready TO uphold a
law embodying features calculated 20
minimize marriages. Of this kind upon
economic grounds, IL no other. But such
law to have force. TO make possible
compliance with II. must be reasonable,
not radical must not involve physical
suffering and should be equitable to both
parties concerned Above all the right
to marry should not be through the or
deal of fire
Whichever features of the Wisconsin
law seem unreasonable or unjust to the
laymen are insignificant besides those
physicians can point out The law places
every male under suspicion and refuses
him license to marry until such time
as he is proven uninfeeted. IT. implies
that all those evil consequences due TO
marriages which 1t aims to prevent
spring from the husband. 1t is a fact
that large proportion OF our men at
some time arc infected. but It Is like
wise also true that considerable numbers
of our women are also. A majority OF
men are infected through immortality. a
minority from their wives from accl-
dental contamination and heredity.
Women acquire infection in the same
manner as men. Practically every inl-
moral woman suffers from one OF both
venereal diseases Unknown numbers OF
women. not generally known to be TIM
moral are that in fact, and are infected as
a consequence. Many of these women
marry under guise Of innocence. In
Vulnerable virtuous married women arc
infected by their husbands. Does a law
which neglects these well-establishod
facts In regard to women seem reason
able. or just. especially when remarriage
of divorces and widows is so sornnon?
An Infection, communicated by a woman
has the same consequences as that Inn
parted by the man.. Obviously the pur-
pose of this law is not to wax sentl-
mental, but to enforce righteousness and
stamp out diseases through no palliative
measures. Why, therefore, exempt
women who suffer from the same dis
eases, although in lesser numbers. from
the same examination required of men,
Sufficient violence is done the marriage
sentiment through compulsory examina-
tion OF men to add more by similar eK-
aminations of women.
Another unreasonable provision OF the
law is that relating to the kind of ex-
aminations to be made. Examination by
application OF recognized clinical and lab
oratory tests Of scientific search" In
life insurance examinations the word of
the applicant in conjunction with a elm
icsl examination is accepted by the com