(1) Three states (Arizona, Arkansas, and Louisiana) have instituted covenant marriage. Covenant marriage is a legally distinct form of marriage which requires couples to agree to obtain pre-marital counseling and which limits the grounds for divorce (allowing divorce only if one partner has committed a felony or adultery, or abused substances, or engaged in child or spousal abuse; or if the couple has lived apart for a minimum of one year). Importantly, couples in these states are not required to choose covenant marriage (and relatively few— around one percent in each state—have done so). Proponents of covenant marriage cite, among other justifications, a desire to return faith-based traditional values to the public square. Because having two systems of marriage law requires extra government resources, covenant marriage is one example of a group right or privilege. But covenant marriage may be a group right or privilege that is harmful to women. Should covenant marriage be legal? Why or why not?
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