DIVORCE

All this has an important bearing on the question of divorce. Divorce

reformers are so much preoccupied with the injustice of forbidding a

woman to divorce her husband for unfaithfulness to his marriage vow,

whilst allowing him that power over her, that they are apt to overlook

the pressing need for admitting other and far more important grounds for

divorce. If we take a document like Pepys' Diary, we learn that a woman

may have an incorrigibly unfaithful husband, and yet be much better off

than if she had an ill-tempered, peevish, maliciously sarcastic one,

or was chained for life to a criminal, a drunkard, a lunatic, an idle

vagrant, or a person whose religious faith was contrary to her own.

Imagine being married to a liar, a borrower, a mischief maker, a teaser

or tormentor of children and animals, or even simply to a bore! Conceive

yourself tied for life to one of the perfectly "faithful" husbands who

are sentenced to a month's imprisonment occasionally for idly leaving

their wives in childbirth without food, fire, or attendance! What woman

would not rather marry ten Pepyses? what man a dozen Nell Gwynnes?

Adultery, far from being the first and only ground for divorce, might

more reasonably be made the last, or wholly excluded. The present law is

perfectly logical only if you once admit (as no decent person ever does)

its fundamental assumption that there can be no companionship between

men and women because the woman has a "sphere" of her own, that of

housekeeping, in which the man must not meddle, whilst he has all the

rest of human activity for his sphere: the only point at which the

two spheres touch being that of replenishing the population. On this

assumption the man naturally asks for a guarantee that the children

shall be his because he has to find the money to support them. The power

of divorcing a woman for adultery is this guarantee, a guarantee that

she does not need to protect her against a similar imposture on his

part, because he cannot bear children. No doubt he can spend the

money that ought to be spent on her children on another woman and her

children; but this is desertion, which is a separate matter. The

fact for us to seize is that in the eye of the law, adultery without

consequences is merely a sentimental grievance, whereas the planting

on one man of another man's offspring is a substantial one. And so, no

doubt, it is; but the day has gone by for basing laws on the assumption

that a woman is less to a man than his dog, and thereby encouraging and

accepting the standards of the husbands who buy meat for their bull-pups

and leave their wives and children hungry. That basis is the penalty we

pay for having borrowed our religion from the East, instead of building

up a religion of our own out of our western inspiration and western

sentiment. The result is that we all believe that our religion is on its

last legs, whereas the truth is that it is not yet born, though the age

walks visibly pregnant with it. Meanwhile, as women are dragged down by

their oriental servitude to our men, and as, further, women drag down

those who degrade them quite as effectually as men do, there are moments

when it is difficult to see anything in our sex institutions except a

police des moeurs keeping the field for a competition as to which sex

shall corrupt the other most.

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