Getting Married · Chapter
Divorce Without Asking Why explained
The chapter argues that the question 'Why?' should never be asked of a divorce petitioner, drawing a parallel to the natural right to life and liberty.
What happens
The chapter argues that the question 'Why?' should never be asked of a divorce petitioner, drawing a parallel to the natural right to life and liberty. It contends that imposing marriage on unwilling individuals is enslavement, just as forcing a continuation of marriage on those who no longer desire it is equally oppressive, rejecting the notion that marriage has any magical quality that should override personal freedom.
Themes in this chapter
Divorce and Legal Reform
The chapter advocates for the right to divorce without justification, framing forced continuation of marriage as slavery.
Critique of Marriage as an Institution
Marriage is depicted as a form of enslavement when imposed on unwilling partners, with no inherent magic to justify its permanence.
Illusions of Romantic Love
The chapter dismisses the superstitious belief that marriage creates a special bond, arguing that desire to separate is natural and should be respected.
Key passages
“When a man appeals to a magistrate for protection from someone who threatens to kill him, on the simple ground that he desires to live, the magistrate might quite reasonably ask him why he desires to live, and why the person who wishes to kill him should not be gratified.”
If someone asks a judge to stop another person from killing them, the judge could logically question why they want to live and why the would-be killer shouldn't be allowed to proceed.
This illustrates the absurdity of demanding justification for fundamental rights, setting up the parallel to divorce.
“To impose marriage on two unmarried people who do not desire to marry one another would be admittedly an act of enslavement. But it is no worse than to impose a continuation of marriage on people who have ceased to desire to be married.”
Forcing two people who don't want to marry each other is clearly slavery, and forcing them to stay married when they no longer wish to be is no different.
This is the central argument equating forced marriage with forced continuation of marriage.
“You will say, perhaps, if you are superstitious, that it is not the same—that marriage makes a difference. You are wrong: there is no magic in marriage. If there were, married couples would never desire to separate.”
You might superstitiously think marriage changes things, but you're mistaken—marriage has no magical power, or else no married couple would ever want to split up.
This dismisses the notion that marriage has a special status that justifies overriding individual desires.