| Show JUDGE LINDSEY UPHOLDS CATHOLIC CHURCH CHURCHON ON VANDERBILT ANNULMENT By BEN LINDSEY Famous Juvenile Court Judge of of Denver Copyright 1926 NEA Service Inc The former formel Duchess of Marlborough ough Is one of ot the loveliest finest t women that it has ever been my privilege to meet but I understand she was married when still a girl gid of 17 We e are ale frequently called upon In our pur court to annul mar- mar especially where the mar- mar ilage liage Is entered into when the ties are ale under the age of 21 years eals The ordinary contract of a person person under 21 Is' Is not Is-not not considered binding because of minority This has not always b been en applied to marriage It m must st be remembered holver however ho how hov- ever lver that thU t th duke and dUches lived li together r for foi a generation and andas as I understand made thade no application application tion for fOl divorce until their children were grown rown A LOVE LOVELESS ESS MARRIAGE It Is reported the annulment was is-as granted by the church at t this late date because It was WIS a loveless mar mar- Ilage A age Is lov loveless if It the pai ties pal ties do not love love- each other at atthe atthe atthe the time it Is entered into and itis itis it itis is equally loveless it if that condition arises at some e other tt time In that event ent L 1 1 hope that hope that some some stat state will some day be brave enough and wise lse en enough ugh to do what wha the church already docs permit permit per per- mit divorce by ly mutual consent but with the avoidance of the silly proviso pro pro- vise visa that those divorced must not marry matTY again or have an any other love lovelife life ie We aye are are having havInga a terrific revolt of morals of-morals morals rals In this country I have written about It in The Revolt of Modern Yo Youth th and in a series called The Moral now running in a popular magazine NOT A MARRIAGE This revolt re Is due Ju in part palt to what the church seems to have recognized recognized recognized In thor the marriage of Ot the Duke of Marlborough and Consuelo Consuela Vanderbilt Van- Van namely that thata a marriage without love is no m rr at all nil It is y to lo be bo d that the church I is not so o wise and considerate considerate considerate consid consid- erate in the marriages of or ordinary people as in lit tho the marriage e of ot this thili rich and powerful co couple Without intending it It of course the failure of organized orthodoxy orthodox to take the sane and sensible view that the church has taken talen in this exceptional case case that it i Is no marriage marriage mar mar- at all all Is responsible In this country for much sex impropriety In no country mOle moie than In America Amer Amer- ira ica is there thelca a greater tel demand for a. a 1 Al i JUDGE LINDSEY liberty and freedom to lead a HC life Instead of the 1 polygamous life ilCe that is forcing on so many people g ONE MAN S 4 FOR ONE WOMAN MAN I believe in the love loveo Qt one ne man manfor manfor for lor one woman and OI for tor forone forone torono one ono than roan A certain organized or orthodoxy pr- pr thod does loes not It believes Informs in informs informs forms without substance therefore it generally denies action tion as that Liken talen In Iii the the case case of this materially r wealthy and socially powerful couple coupie The e. e result is that by ly the very teachings of or the church Itself it has has' done touch much to promote a sort of ot polygamy that the tho people are arc revolting against in favor favol of a J ica eai monogamy The rho chu church ch teaches that a map man who in his own heart after I some o other N woman yoman has has' committed adultery I That sin is very common in this thil country with certain people who ar are are compelled to remain married mar mar- ried when they do do donot not love each other since they generally love someone else and h have e a a perfectly human attitude toward rd that someone some seine one else The They are committing adultery because the attitude of ot organized ortho orthodoxy oxy compels them to to since that attitude will never prevent men and women from being perfectly perfectly perfectly per per- human as nature intended they should be and In its conflict with nature and common sense or organized organized organized or- or orthodoxy is losing out It is 13 therefore refreshing to find at least one case where this rigid attitude shows signs of ot weakening L Let t us hope it will be equally sane and sensible in inthe the cases of those less prominent and less powerful as in our own court where such things are constantly done without the usual difficulties cost and ex ex- ex In the end it at will make male for more sane sensible and wholeSome wholesome wholesome whole whole- some monogamy in this country countr THE CHILDREN I hae have hoped that the great church in question would show its wisdom in yielding to changes de demanded demanded demanded de- de by y civilization in concessions concessions conces conces- like this Van Marlborough Vanderbilt Van Van- episode by declaring that a loveless marriage Is no marriage As to the legitimacy of the children children chil chil- dren involved involved- It If that annulment had been granted by the civil dietrict district district dis die courts of Colorado I believe that the children would be mate Happily under tinder a different nt law Jaw it n might be different in ii our own Juvenile court Generally it takes special statutes to protect the legitimacy of oC children In such case but I heartily agree with tho the reported reported re- re ported rule announced In this case caseby caseby caseby by the church that the Innocent child must be protected by a recognition recognition b by both the state and the church of its legitimacy in spite of the fact that it was born of a union I that was not legal but is called marriage I THE REVOLT OF MORALS Thus the church If correctly re- re has put Itself squat squarely Inline in inline line with the more enlightened view lew that the revolt of morals in this country demand that there should be he no illegitimate children regardless regardless regard regard- ls less of lit whether there was wasa a formal marr marriage age or not That the church has so decreed In this case ot Pt the rich and powerful powerful pow POW- erful erCul should help help in every case of the sinful and ignorant where a achild achild achild child is the innocent victim of so society's so- so cletys clety's superstitions taboos hypocrisies hypocrisies and conventional lines lines The protection of the child in all all' these matters is the main thing and the church arid and state must see seeto seeto seeto to it that no child shall suffer sutter because because because be be- cause of the sin ignorance poverty or mi misfortune of the patents parentS |
