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9 J.L. & Fam. Stud. 79 (2007)
Will Legislation to Encourage Premarital Education Strengthen Marriage and Reduce Divorce

handle is hein.journals/jlfst9 and id is 87 raw text is: Will Legislation to Encourage Premarital Education Strengthen Marriage and Reduce Divorce? Alan J. Hawkins* I. INTRODUCTION Many legislators are wondering whether there is a constructive role that government can play to strengthen marriages and reduce divorces. A handful of states have passed legislation providing incentives for couples to participate in formal premarital education. The purpose of this article is to examine the research that can help answer the question whether legislation to promote premarital education can strengthen marriages and reduce the divorce rate. Of course, there are numerous legal and policy issues related to marriage and divorce being discussed these days. The focus of this article, however, is only on one. In the end, I conclude that legislation to promote premarital education is a feasible, cost- effective policy that is likely to strengthen marriages and reduce the divorce rate in states where it is implemented. A. Existing Premarital Education Legislation Five states-Florida, Maryland, Minnesota, Oklahoma, and Tennessee-have passed legislation encouraging couples to participate in formal premarital education: education or counseling to help couples explore relationship strengths and weaknesses and learn what it takes to have a successful marriage.' Other states, such as Utah, have considered this legislation but not acted upon or rejected it.2 The purpose of this legislation is to enhance the chances of couples achieving more stable, satisfying, and healthy marital relationships by encouraging the use of * Professor of Family Life, Brigham Young University. In a spirit of full disclosure, I testified on Jan. 19, 2006, before the Utah House Health & Human Services Committee on behalf of H.B. 8, a bill to promote premarital education. 1 THEODORA OOMS, STACEY BOUCHET, & MARY PARKE, BEYOND MARRIAGE LICENSES: EFFORTS IN STATES TO STRENGTHEN MARRIAGE AND Two-PARENT FAMILIES 12 (2004), available at http://www.clasp.org/publications/beyond-marr.pdf. Three states-AZ, LA, and AR-have passed covenant marriage legislation that requires premarital education for couples who choose to enter a covenant marriage. I discuss this legislative option later in Section III.C. 2 According to information posted on www.divorcereform.org, a pay-for-service site which tracks legislation on premarital preparation, at least nine states have proposed but not passed bills to encourage premarital preparation: California, Connecticut, Georgia, Hawaii, Iowa, Michigan, North Dakota, Utah, and West Virginia. For instance, in 2006 the Utah legislature considered H.B. 8, Marriage Preparation Education, that provided for a $20 reduction in the marriage license fee for couples who participated in at least eight hours of marriage preparation training that included instruction in communication and conflict management skills (including an understanding of what constitutes domestic abuse), financial management skills, and commitment. H.B. 8, 56th Leg., Gen. Session (Utah 2006) 1, 2-4, available at http://www.le.state.ut.us/-2006/bills/hbillint/hb0008.pdf. The instruction can be provided by licensed therapists, social workers, professional counselors, and clinical psychologists, as well as non-governmental persons (i.e., religious ministers). Id. at 4.

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