Thomas Jefferson on Divorce
WE TEND to think of modern divorce as a product of the Sexual Revolution.
But the post-Christian, philosophical foundations for the dissolubility of marriage were constructed well before the 1960s and 1970s. You might say it began with the Renaissance and its dawning conception of man as god. But it definitely was well on its way 250 years ago. By the time of what is inaccurately known as the Enlightenment, arguments for divorce were being articulated by leading intellectuals. Thomas Jefferson, echoing the principles of John Locke, defended divorce for mutual incompatibility. He filed a divorce suit before the Virginia legislature on behalf of his client Dr. James Blair in 1772, writing:
[I]t is cruel to continue by violence an union made at first by mutual love, but now dissolved by hatred … [t]o chain a man to misery til death. Liberty of divorce prevents and cures domestic quarrels … Preserves liberty of affection (which is natural right). [Quoted in Liberty, the God that Failed by Christopher Ferrara, p. 46]
Divorce may preserve “liberty of affection” for some, but it does not preserve political freedom or justice, two things Jefferson is most famous for desiring. The institution of divorce has brought about, in the words of the writer Stephen Baskerville in The New Politics of Sex, “the most intrusive and repressive government machinery ever erected in the English-speaking democracies.” With unilateral divorce, a parent, typically a father, can be hauled into court, stripped of his assets and children, and even sent to jail without having ever committed a crime.
Marriage, Mr. Jefferson, is the basis of political freedom.
Those who live in hatred should, at worst, separate, but not divorce. (more…)






