MLDt'OHD MAIL TH1BUNE. MEDFORD, OREGON
THURSDAY. MARCH 7, 1H63
A 7
Divorce Laws Remain Problem 411 Years After King Henry VIII
By ROBERT MUSEL
United Press International
London - lUPb - King Henry
VIII, a cunning and promiscu
ous monarch, had such trou
ble with England's stern di
vorce laws even in the days
when sovereigns ruled by di
vine right, that he had to have
some of his six wives' heads
chopped off to get rid of them.
Before he finally command
ed Anne Boleyn to submit
her pretty neck to the head
man's axe he went to tortuous
lengths to have his marriage
to her declared invalid. His
straight-faced grounds were
that he had slept with her
sister before their wedding,
hence he was practically a
blood relation.
The case of "Bluff King
Hal" and his troubles with
the mother of the first Queen
Elizabeth were raised in the
House of Commons recently
by Labor Party Membetr Leo
Abse in the first major par
liamentary attempt to reform
Britain's divorce laws in 25
years.
Somewhat plaintively Abse
told the House that it could
hardly accuse him of rushing
things since one of the main
points of his bill - to make
long separation a ground for
divorce - had been originally
recommended by a committee
headed by the first Arch
bishop of Canterbury 411
years ago in 1552.
Fight for Divorce
Abse's measure is called
"The Matrimonial Causes and
Reconciliation Bill." A 46-year-old
lawyer from Ponly
pool in Wales, he decided to
take on the strong religious
and women's organization lob
by which has always resisted
any attempt to change the
existing divorce laws. They
permit divorce only for adul
tery, desertion, insanity and
cruelty.
To the surprise of his sup
porters the bill had only
minor opposition in the House
on its second reading and was
sent to a committee for fur
ther discussion. No one under
estimates the strength of the
gathering opposition but leg
islative observers believe
Abse has a chance of getting
through the major "reconcili
ation'' principle of his bill.
This would modify the pres
ent rule regarding what s
known as condonation. If a
husband considers his wife
guilty of adultery but con
tinues to have relations with
her he has, in the eyes of
the law, "condoned" her of
fense and cannot use it as
grounds for divorce.
Choice Is Cltar
Back in 1955 a royal com
mission which studied evi
dence on the divorce laws for
many months decided this
was one of the big obstacles
to reconciliation. Husbands
(or wives) who suspected
their partners of infidelity
rushed immediately to law
yers because, as the law
stood, they either had to for
give forthwith or slop living
together as man and wife.
At the same lime if they
happened to meet in a law
yer's office or with a mar
riage guidance counsellor to
discuss their problems there
was always a chance they
might be charged with collu
sion - conspiring to arrange
a divorce.
Under Abie's bill couples
who part because one or the
other feels the partner has
been adulterous or cruel
would be able to come to
gether again for a sort of
"second honeymoon" period
of a month to sec if they
could work things out. This
would not prejudice the origi
nal grounds on which they
had decided to seek divorce.
And they would be en
abled to discuss their prob
lems together and openly
with lawyers or advisers with
out any danger of being ac-
caused of collusion.
Bill May Pau j
This much of Abse's bill
may pass, if in modified form.
But he himself considers that
the real fight will rome on
another clause which would
permit a marriage to be dis
solved if the couple has een
living apart for seven years.
The present law permits
only the deserted partner to
sue for divorce. In many
cases, due to religious con
victions, financial reasons or
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simply spite, the deserted
party does not wish the mar
riage ended.
Thus his or her mate is
tied forever - unable to mar
ry and often, as it developed
in the debate, forced to live
in sin and raise illegitimate
children.
"Last year's Ministry of
Health report," said Abse,
"indicated that about a third
of the illegitimate children
born in this country annually
- about 37,000 - are born to
cohabiting parents who are
apparently living In perma
nent union but are unmar
ried. "It is therefore reasonable
to assume that a large pro
portion of cohabiting parents
would get married If they
were not under the disability
of being refused a divorce
from a previous partner."
Children Illegitimate
He said statistics Indicated
there are between 100,000
and 200,000 illegimaie chil
dren of such unions "brought
up in an atmosphere of de
ceit, Insecurity and guilt."
Laborite John Parker, who
said he felt It ought to be
made harder to get married,
thought Abse's figures too
low.
'Other statistics show." he
id, "that there are at least
three million people in this
country who were born Illegi
timate. About a million of
them are either adopted or
legitimated by the subsequent
marriage of their parents. But
that still leaves about two
millions persons who are illegitimate."
Parker said that of tins .
group it was estimated the
800,000 children lived or
were living with parents who
could not marry because of
the present divorce laws.
women Oppose
Conservative Nicholas Rid
ley said he had had letters
from various women s organ
izations asking him to op
pose the bill, from other
members it was apparent the
w o m e n's organizations are
worried that a completely in
nocent wife might find her
self divorced simply because
her husband had left her for
seven years.
The Solicitor General, Sir
Peter Rawlinson, said Abse's
bill was a1, matter on which
the government was taking
no stand because it concerned
the social r"d ethical beliefs
of members. He called the at
tention of the House, how
ever, to the fact that dissolu
tion of marriage without the .
commission of a matrimonial
offense was a new principle
In British divorce law.
Abse told United Press In
ternational that the real op
position to his bill avoided
the "sDotliaht" In Commons
and was saving its strength
for the committee stage. He
said he was optimistic about
ihe reconciliation proposals,
however, and did not antici
pate any trouble when tne
bill went up to the House of
Lords.
"As you Americans prob- ,
bly know." he said, "there
are more divorces among the
aristocracy than among com
moners.
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Bargaining Bill
Passed in House
Salem - (UPO - Public em-
Dlovccs would be allowed to
enter Into collective bargain
ing agreements with state and
local governments under a
bill passed Wednesday by the
House.
Rep. Edward Whelan (D-
Portland) said the bill also
would allow public employees
to join any labor organization
of their clioice. ine measure
went to the Senate.
Whelan said it was only
permissive, not mandatory.
Rep. Sidney Bazett tti-
Grants Pass) said the Oregon
Public Employees association
opposes the bill.
He termed It an encroacn-
ment on local governments.
The House also passed, 35-
24, and sent to the Senate a
bill to reduce the firemen
work week from 72 to 56
hours.
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Teachers Win John
Hay Fellowships
Salem tlTPl Two Oregon
high school teachers are
among 90 in the nation to
win 1963-64 John Hay fellow
ships, the State Department
of Education has announced.
They are Delmer W. Aebl
schnr, music teacher at Sius
law High school in Florence,
and Raymond L. Chapman,
social studies teacher at For
est Grove Union High school.
TERM REDUCED
Portland-fllPD-A 60-day jail
term Imposed on Bandon lum
berman Wilfred S. Laird, SS,
has been reduced to 30 days
by Federal Judge John F,
Kilkenny. Laird was sentenc
ed Jan. 30 after entering
guilty plea to a federal in
come tax charge. He also was
fined 814,000.