Friday, May 20, 2022

Biological Science Rejects the Sex Binary, and That’s Good for Humankind

 Biological Science Rejects the Sex Binary, and That’s Good for Humankind

20/05/2022

AGUSTÍN FUENTES

Not Just Physical and Mental Health – India Also Needs To Improve Its Sexual Health

Photo: Ruvim Noga/Unsplash

At the recent US Supreme Court confirmation hearings for Ketanji Brown Jackson, a senator triggered controversy when she asked Jackson to define the word “woman”.

After Jackson declined, several Republican congresspeople chimed in with definitions that ranged from dubious to shocking, including “the weaker sex” and “someone who has a uterus”.

Today, a chorus of scientific-sounding claims about “blue and pink” brains, testosterone and male primate aggression are offered up as natural explanations for masculine and feminine behavior.

These assertions and beliefs are wrong. The commitment to a simple binary view creates a fictitious template for a “battle of the sexes” that manifests in miseducation and violence.

By recognising the true diversity of the human experience, humanity can embrace an expansive and multifaceted way of envisioning and experiencing human nature.

At the recent US Supreme Court confirmation hearings for Ketanji Brown Jackson, Sen. Marsha Blackburn triggered controversy when she asked Jackson to define the word “woman”. After Jackson declined, several Republican congresspeople chimed in with definitions for “woman” that ranged from dubious to shocking, including “the weaker sex,” “someone who has a uterus,” and “X chromosomes, no tallywhacker.”


Such notions haven’t evolved much since 1871, when naturalist Charles Darwin told the world that “man is more courageous, pugnacious, and energetic than women, and has more inventive genius.” Most 19th- and 20th-century evolutionary theories (and theorists) asserted that evolution created two kinds of creatures – male and female – and individuals’ behavior and nature reflected this biological binary.


Today a chorus of scientific-sounding claims about “blue and pink” brains, testosterone and male primate aggression are offered up as natural explanations for masculine and feminine behavior, along with gaps in pay, jobs, political and economic leadership, and sexuality. In the political and legal realms, the belief that biology creates two types of humans is invoked in a range of attempts to mandate and enforce how humans should behave.


These assertions and beliefs are wrong. In addition, the commitment to a simple binary view creates a fictitious template for a “battle of the sexes” that manifests in miseducation about basic biology, the denigration of women’s rights, the justifications of incel and “men’s rights” violence, and the creation of anti-transgender laws.


Science points to a more accurate and hopeful way to understand the biology of sex. By recognizing the true diversity of the human experience, humanity can embrace an expansive and multifaceted way of envisioning and experiencing human nature. This evidence-based outlook is not only far more interesting than the simplistic and incorrect “tallywhacker versus no tallywhacker” perspective, but also more conducive to respect and flourishing.


Starting at the most basic level of animal biology, there are multitudes of ways to be female or male or both. The oceans are filled with species of fish that change from one sex to another midlife, and some who change back again. There are invertebrate hermaphrodites and ladies-only lizards who reproduce by recombining their own chromosomes. In some mammals, females are brimming with testosterone and have large penises. In various fish and mammals, males do all the caretaking of infants. And in a variety of species, females are authoritarian, promiscuous and – yes, Darwin – pugnacious.


Of course, there are patterned differences between females and males in many species. But there is far more diversity, complexity and collaboration than most people realise. When one looks closer at the biology of sex in animals, including humans, it is clear that Darwin, biologist E.O. Wilson, geneticist Angus Bateman, and various Republican politicians are minimally way off base and mostly flat out wrong.



Man/woman and masculine/feminine are neither biological terms nor rooted exclusively in biology. Sex, biologically, is not simply defined or uniformly enacted. In humans, having two X chromosomes or an X and a Y chromosome does not create binary bodies, destinies, or lives. If we could crawl into the womb with a fetus at about six to eight weeks of age, we’d see a few clusters of cells in the emerging body get nudges by DNA activity and start to generate new organs, including the clitoris and penis, labia and scrotum, ovaries and testes. All genitals are made from the exact same stuff. Since they have a few differing end functions, their final form is different. But there is a lot of overlap.


In fact, of the 140 million babies born last year, at least 280,000 did not fit into a clear penis versus labia model of sex determination. Genitals, hormone levels, and chromosomes are not reliable determinants of sex. There are, for example, people with XY chromosomes who have female characteristics, people with ambiguous genitalia, and women with testosterone levels outside the typical “female” range.


Biologically, there is no simple dichotomy between female and male. As I demonstrate in my book Race, Monogamy, and Other Lies They Told You, brains are no more “sexed” at birth than are kidneys and livers. Rather, brains are “mosaics” of characteristically female and male features.


Of course, there are clear bodily differences in capacities to give birth and lactate, and ranges of patterns in the development and distribution of body size, strength, and myriad other processes. But such patterns are mostly overlapping, and only a few are distributed in clear or functional dichotomies. Numerous studies have found that the differences between adult men and women are overhyped and largely influenced by the dynamics of biology and culture. Humans are naturenurtural – a fusion of nature and nurture.


For example, many explanations for differences between males and females rest on assumptions about the disparate evolved costs of reproduction between them. But human reproduction is more complex than two individuals having sex, then the female giving birth and taking care of the offspring. While today it is common in many societies for women to raise children on their own or with a male (who often does not contribute equally to child-rearing), this setup developed very recently in human history.


There is massive evidence that the genus Homo (humans) evolved complex cooperative caretaking more than a million years ago, changing the patterns and pressures of our evolution. Such “alloparenting” practices are still widespread among many human groups, in which mothers and fathers, grandparents, other female and male relatives, and boys and girls in the community all help feed, teach and care for children. This complex overlap in social and reproductive roles is exciting and hopeful. When it comes to raising kids, humans don’t come in two kinds. Rather, we evolved to be a collaborative and creative community.


The data-driven bottom line is that “man/woman” and “masculine/feminine” are neither biological terms nor rooted exclusively in biology. The lack of an explicit binary is especially evident in humans given the complex neurobiologies, life histories and morphological dynamics in our species. There are many successful, biologically diverse ways to be human, and millions of people embody this diversity. Growing up human means growing up in a world of varying gender expectations, body types, reproductive options, family structures, and sexual orientations.


So, instead of listening to people who are misogynistic, sexist, or homo/transphobic; incels; or politicians who base their ideologies on a biological sex binary and myths about its evolution, we can and should be open to a serious understanding of biology and its better options for human flourishing. The simple male/female binary does not effectively express the normal range of being human. Understanding this and incorporating it into our education, lives, and laws offers better possibilities, greater equity and more joy for human society.



This article was first published by SAPIENS.

Saturday, June 19, 2021

Alexandra Kollontai and the “Woman Question”:

 Alexandra Kollontai and the “Woman Question”:

Women and Social Revolution, 1905-1917

Caitlin Vest

This paper was written for Dr.Shirley’s History 3342 course.

Russia celebrated International Women’s Day for the first time on 8

March 1913. One week before the celebration, Alexandra Kollontai published

an article in the newspaper Pravda encouraging women workers to organize

and unite with their male counterparts in order to achieve the economic and

political emancipation of both genders. Kollontai wrote, “The backwardness

and lack of rights suffered by women, their subjection and indifference, are of

no benefit to the working class, and indeed are directly harmful to it.”

Kollontai believed that women’s rights were closely related to the rights

of the working class as a whole, championed by socialism. She believed that

only socialism could liberate even working class women. In addition, she

recognized that the Russian Social Democratic Labor Party (RSDLP) needed

the support of women to achieve revolution. Kollontai proved to be correct

in 1917, when working class women began demonstrations on International

Women’s Day that led to the end of autocracy in Russia.

From 1906 until 1923, Alexandra Kollontai was instrumental in bringing

together Marxism and feminism. She worked tirelessly to attract working

women to the RSDLP while denouncing the bourgeois feminist movement.

In addition, Kollontai expanded on already existing Marxist theory in order

to interpret and resolve the oppression of women. She argued that women

were not enslaved by economic conditions alone but also by social and

psychological factors.

Women brought great change to Russia in the name of socialism,

and, more specifically the Bolshevik party. In fact, by the end of World War I,

ten percent of Bolsheviks were women, called Bolshevichki. However, in the

end, communism did not repay its women. Conditions for women under Stalin

were repressive. Kollontai became Soviet ambassador to Sweden but had

little power in Russia, and in the 1930s the “woman question” was declared

resolved too soon.

The “woman question” had several definitions and interpretations.

When it first emerged in Russia, in the aftermath of the disastrous Crimean

War, the “woman question” asked if a woman’s place remained within her

family or if she could benefit society by moving outside the home. This led

to debate about woman’s right to education and employment. However, in

Kollontai’s day women worked alongside men. In the introduction to The

Social Basis of the Women’s Question she asked, “How can we make sure

that the female section of the population of Russia also receives the fruit of the 

long, stubborn and agonisingly difficult struggle for a new political structure in

our homeland?” In essence, what is the relationship between women and

social revolution?

Kollontai was hardly the first to recognize that a relationship existed.

Socialist writers addressed woman’s oppression throughout the 19th century.

In 1848, The Communist Manifesto briefly discussed woman’s subjection

to man. Marx and Engels wrote, “The bourgeois sees in his wife a mere

instrument of production.” They further claimed that the modern family was

based entirely on capital. Because of this, the bourgeois family existed for

personal gain only while the proletarian family lacked stability.

Thirty-one years later, in 1879, August Bebel addressed the struggles

of women working in industry in Woman and Socialism, demanding legislation

that protected working women and children. He wrote that industry sought

female labor for several reasons. First, the increased use of new machinery

meant that physical strength was no longer a requirement for employment. In

addition, the wages of many men were not sufficient to support their families,

so their wives were forced to join them in industry. Last, women, especially

those who were married, were accustomed to expect less than men. As

a result, women were more willing than men to accept lower wages and

less likely to protest maltreatment. This led to conflict between male and

female workers as they competed for jobs. Bebel wrote that such conflict

was unnatural and the entire working class should unite against capitalism.

He declared that both women and men could be liberated only in a socialist

society.

We must therefore seek to bring about a state of society in which

all will enjoy equal rights regardless of sex. That will be possible

when the means of production become the property of society, when

labor has attained its highest degree of fruitfulness...and when all

who are able to work shall be obliged to perform a certain amount of

socially necessary labor, for which society in return will provide all

with the necessary means for the development of their abilities and

the enjoyment of life.

Frederick Engels wrote more about woman’s oppression through the

family in The Origin of the Family, Private Property, and the State, published

in 1884. In this work, he recounted the history of the family, beginning his

narrative before the existence of civilized society. Engels claimed that women

were once highly esteemed members of society: “That woman was the slave

of man at the commencement of society is one of the most absurd notions

that have come down to us...Woman occupied not only a free but also a

highly respected position among all savages.” Women were well-respected 

because of their ability to reproduce since in a barbaric society, which was

naturally communal, the paternity of children was often unidentifiable.

However, as the economy developed and wealth increased, the male

became a more important figure in society and the family. Men wished to pass

their wealth to their children and monogamous marriage was established to

resolve the issue of unknown paternity. Monogamy began man’s domination

of woman. Engels wrote that monogamous marriage was characterized by

“the far greater rigidity of the marriage bond...Now, as a rule, only the man

can dissolve it and disown his wife…Should the wife recall the ancient sexual

practice and desire to revive it, she is punished more severely than ever

before.” Engels wrote that women were enslaved by men as a result of the

establishment of private property.

Many who later joined the Revolutionary Movement in Russia,

including Alexandra Kollontai, read the works of Marx, Engels, and Bebel.

Kollontai’s path to socialism resembled that take by many other women. The

1870s saw the beginnings of female involvement in radicalism. In 1872, the

same year Kollontai was born to wealthy parents, a radical study group of

female students formed in Zurich, called the Fritsche Circle. Because men

were more experienced debaters and tended to dominate study groups, the

Fritsche Circle only allowed female students, and they often discussed social

revolution. Most of these women came from the upper class and felt they

owed a debt to the peasants, who had been liberated from serfdom only a

decade earlier. Participating in the popular revolutionary movements of their

time, a number of these women decided to return to Russia to propagandize

among working women. However, many of them became disillusioned and

ceased their revolutionary activity.

Kollontai (born Alexandra Domontovich) was well-educated like her

revolutionary predecessors and aspired to be a writer. Her parents did not

allow her to travel abroad to study for fear that she would encounter and adopt

revolutionary ideas. At the age of twenty-two, she refused to submit to an

arranged marriage. She married her cousin Vladimir Kollontai, an impoverished

army officer, instead. Her parents were supportive but cautioning. Her father

feared that “spiritual closeness” could not exist between people of different

classes.

Alexandra Kollontai soon became discontent with marriage. She

wrote, “The happy existence of a housewife and consort were like a ‘cage’ to

me.” Beatrice Farnsworth claims that Kollontai continued to love her husband

and son, born in 1894, but that she could not reconcile her affection with her

desire to be an independent and important individual. In 1898, Kollontai finally

did study in Zurich, following the path taken by many future Bolshevichki. She

spent a year studying Marxist theory and returned to Russia in 1899 but never

to her husband. However, in spite of her feelings toward marriage, she kept 

his name for the rest of her life.

The period immediately following Kollontai’s return from Switzerland

saw a significant rise in women’s participation in radicalism. In part, this was a

result of the rise of the socialist movement itself and, in 1903, the emergence

of different parties. Until 1905, the RSDLP did not oppose socialist groups

devoted solely to women. Such opposition came with the rise of the bourgeois

feminist movement.

The majority of socialist women were wealthy and educated. Not

required to work because of family wealth, they could devote all their time

to becoming “the professional female revolutionaries.” Working class and

peasant women increasingly sympathized with the socialists. However,

working class women did not have time to devote to the movement and few of

them got beyond protesting personal grievances.

Some diversity existed within the movement, however. Kondordiya

Samoilova and Inessa Armand joined the RSDLP during this time and both

later became leading Bolshevichki. Samoilova was the daughter of a village

priest and was educated in Women’s Higher Courses. In contrast, Armand

came from the intelligentsia and received a higher, professional education.

During these years, Kollontai traveled throughout Europe meeting

other Marxist theoreticians, including Rosa Luxembourg and Georgii

Plekhanov. She also developed her skills as a writer and orator. In 1906, she

joined the Mensheviks out of devotion to Plekhanov. However, her pacifism

led her to become a Bolshevik in 1915, believing Lenin to be the only socialist

leader committed to ending Russia’s involvement in World War I.

Socialists were not the only group interested in women’s rights. The

rise of the bourgeois feminist movement – which coincided with Kollontai’s

joining the Mensheviks – came with the formation of groups like the Women’s

Progressive Party and the Union for Women’s Equality. The latter had the

highest membership of any feminist group and Kollontai considered it the

greatest challenge to attracting women to Marxist feminism. The predominant

goal of the Union for Women’s Equality was suffrage, which was achieved

in August 1917 when Russian women demanded the right to vote of the

provisional government. Natalia Pushkareva writes that the Russian feminists

had only minor success because they attempted “to keep away from a definite

stance in the ongoing social and political struggles in Russia.” The bourgeois

feminists claimed to transcend class divisions, which Kollontai used against

them in much of her criticism of their movement.

Women’s suffrage, desired by the bourgeois feminists, would certainly

have benefited Kollontai. However, “[a]s a mother she needed more – a

supportive social structure to remove the inner conflict between the intellectual

and the emotional side of her personality.” Barbara Evans Clements writes

that Kollontai’s philosophy toward women and the family developed out of 

her personal experience with marriage and motherhood. Whatever her

personal feelings, it is evident that Kollontai approached socialism out of her

desire to resolve the “woman question” as it related to 20th century working

women.

Kollontai worked tirelessly to convince working class women to join the

socialists rather than the bourgeois feminists. While the Union for Women’s

Equality claimed to transcend classes, Kollontai declared that proletarian

women betrayed the entire working class – men and women – if they joined

the feminist movement. In 1913 she wrote,

What is the aim of the feminists? Their aim is to achieve the same

advantages, the same power, the same rights within capitalist

society as those possessed now by their husbands, fathers, and

brothers. For the woman worker it is a matter of indifference who

is the ‘master’ a man or a woman. Together with the whole of her

class, she can ease her position as a worker.

Kollontai denounced the bourgeois feminists for creating divisions between

men and women. She called for the liberation of the working class as a whole.

However, she recognized that this required the resolution of specific issues

that primarily affected women. Woman’s role as housewife and mother set

her apart from other workers.

Because of the special roles women played, Kollontai and a few

other socialists began to argue for propagandizing and organizing specifically

among women. Shortly after joining the Mensheviks, Kollontai attempted to

create a separate bureau within the party for women workers. However, she

was accused of feminism and separatism, and the Bureau of Women Workers

was not approved until 1917. Some socialist women, including Kondordiya

Samoilova and Inessa Armand, were able to establish unions and clubs to

recruit working class women. These were especially successful in organizing

female textile workers. In 1907, Kollontai set up the Society for Mutual Aid to

Women Workers, an organization in St. Petersburg that offered cultural events

to working class women.

In 1913, Samoilova began writing a column for Pravda about women

in factories. The column, called “The Labor and Life of Women Workers”,

was so popular that she created a journal specifically targeting working class

women. With the help of Armand and others the first edition of Rabotnitsa, or

Working Woman, appeared on Women’s Day in 1914. The journal reached

out to working women by highlighting their struggles. In addition to attracting

working class women, the editors also wanted to inform proletarian women

that capitalism was the cause of their troubles.

Kollontai’s understanding of woman’s role as housewife and mother 

inspired her to expand on the ideas of Marx, Bebel, and Engels concerning

the oppression of women. Like Bebel, she realized the need for legislative

reforms in industry, an issue that she did not believe the bourgeois feminists

would address. In the preface to her book Society and Motherhood, she

wrote that the working class “is the one which most requires that a solution

be found to the painful conflict between compulsory professional labour by

women and their duties as representatives of their sex, as mothers.” Kollontai

wanted reforms such as an eight-hour work day, factory nurseries, maternity

hospitals, free medical care, and the prohibition of night work. These reforms

would benefit all workers, but particularly women and youth.

Kollontai also, like Marx and Engels, saw the modern family as

oppressive to women. She wrote, “[T]he isolated family unit is the result of

the modern individualistic world, with its rat-race, its pressures, its loneliness;

the family is a product of the monstrous capitalist system.” Economics

were, she believed, a significant factor. Bourgeois marriages were based

not on affection but on woman’s dependence on her husband for financial

stability. No such stability existed in proletarian society, making a healthy and

successful marriage difficult.

However, Kollontai was the first to consider that the “woman question”

had psychological, as well as economic, elements. Marriage was oppressive

to women first because, in the household just as in the workplace, women

were viewed as inferior, subject to the rule of their husbands. In addition,

monogamous marriage led spouses to feel ownership of one another,

encouraging the belief that each had rights over the other. Last, marriage

was an attempt for naturally communal human beings to overcome the lonely

existence of individuality. Many Marxists believed that bourgeois society had

created individualism, and one person – though much loved – could not fulfill

the need for community. Even in a marriage of affection, these conditions

naturally led to oppression.

Kollontai believed that women’s emancipation could be achieved

only when society’s mindset regarding marriage and family changed. She

recognized that changes in the psyche of men and women required more

time than the economic restructuring of society. Her socialist solution to

woman’s subjugation was the eventual dissolution of marriage and the family:

“To become really free woman has to throw off the heavy chains of the current

forms of the family, which are outmoded and oppressive.” The tasks and

responsibilities of the individual family would be transferred to a collective and

communal society. Inequality would naturally be eliminated and the need for

community fulfilled. Individuals would belong to the community as a whole but

never to each other.

Kollontai’s plan included the communal raising of children. She

considered it the responsibility of the working community to create conditions 

that were safe for pregnant women. In turn, the women themselves should,

according to Kollontai, “observe all the requirements of hygiene during the

period of pregnancy, remembering that during these months she does not

belong to herself, that she is working for the collective.” Once the child was

born, it became the responsibility of all members of the community to care for

and educate it.

Kollontai’s solutions to the problems of marriage and the family often

lacked detail and clarity. However, it was significant because she applied

Marxism to areas outside labor and production. After the Bolshevik Revolution,

Armand expanded on Kollontai’s theory of the psychological oppression of

women. Armand wrote that one step toward liberating women was education.

The majority of Russian women were illiterate and lacked practical skills and

political knowledge. In addition, women learned from birth – through their

fathers, brothers, and eventually husbands – that they were subordinate to

men. Armand believed that educating the backward masses would attack

woman’s oppression at its roots.

Alexandra Kollontai, Inessa Armand, and Kondordiya Samoilova –

all Bolshevichki after 1915 – were leading figures in the socialist movement.

However, not all socialists approved of spending time and resources working

among women. Kollontai admitted in her memoirs that she was not always

supported by her party. The “woman question” was a divisive issue,

even among other socialist women. Many Bolshevik women “consider[ed]

proletarian women a backward lot and efforts to reach them a waste of time.”

Clements writes that other Bolshevichki feared that focusing specifically on

women’s issues would weaken their status in the eyes of male Bolsheviks.

In addition, many socialists considered the emancipation of women a natural

byproduct of the impending socialist revolution. Therefore, focusing special

attention on women’s issues was unnecessary.

Socialist women did have some powerful support. After 1907, Lenin personally

chose delegates to attend international women’s conferences. He was

inspired to do so when the Second International Socialist Conference passed

a resolution demanding that all socialist parties advocate for women’s rights.

Lenin also enthusiastically followed the progress of Rabotnitsa.

However, Elizabeth Wood writes that the Bolshevik Party’s dedication to

solving the “woman question” was not genuine. Rather the rise of bourgeois

feminism sparked fear that other groups would recruit and organize working

women before the socialists could. The Bolsheviks could not deny that

which Kollontai vigorously proclaimed: the support of proletarian women was

necessary to attain the ultimate goal of revolution. However, many leading

socialists did not trust the superstitious and backward masses of women,

even after their spontaneous demonstrations ended autocracy.

In The History of the Russian Revolution, Leon Trotsky described how protests 

on International Women’s Day – initiated by female textile workers – sparked

social revolution. He wrote,

Thus the fact is that the February revolution was begun from

below, overcoming the resistance of its own revolutionary

organizations, the initiative being taken of their own accord by

the most oppressed and downtrodden part of the proletariat – the

women textile workers, among them no doubt many soldiers’

wives.

Nicholas II abdicated the throne the following week, and the Provisional

Government, under the leadership of Alexander Kerensky, granted women

the right to vote.

Natalia Pushkareva calls the period from 1910 to 1920 a tragic decade,

the heartbreak of which is exacerbated by its potential. She writes, “The goal

of this socialist experiment was to fulfill the long-standing expectations of the

Russian people to create a ‘society of equals,’ without lies or injustice, and

without restrictions on the basis of sex.” Alexandra Kollontai was a leading

voice calling for such a society. She sincerely believed that communism

would liberate working class women from marriage, motherhood, and financial

dependence on men.

For a time, her goals for Russian women seemed on the verge of

being achieved. When the Bolsheviks seized power in October, they granted

women equal status as men. They mandated an eight-hour workday for all

workers and the prohibition of night work for women. In addition, women were

kept out of industries that could be harmful to their health and were granted a

four month maternity leave.

However, in the following years, a number of these policies were

revoked. In 1925, the prohibition of dangerous and night work for women was

rescinded because “the building of the new society demanded an enormous

effort.” In the late 1930s and early 1940s, divorce was made more difficult,

abortion was outlawed, and childlessness was taxed. Also during this time,

the women’s department of the communist party, the zhenotdel was dissolved

and the “woman question” declared resolved.

By the late 1930s, life had improved for women in Russia. They

had equal status with men in the workplace, improved healthcare, and the

opportunity to achieve some education. However, the social and psychological

factors contributing to woman’s oppression, which Kollontai had such fervent

belief in resolving, continued to exist.

Bibliography

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Journal Articles

Clements, Barbara Evans. “Emancipation Through Communism: The

Ideology of A.M. Kollontai.” Slavic Review 32, no.2. (June 1973):

323-338.

Farnsworth, Beatrice Brodsky. “Bolshevism, the Woman Question, and

Aleksandra Kollontai.” The American Historical Review 81, no. 2.

(Apr. 1976): 292-316.

Kain, Philip J. “Marx, Housework, and Alienation.” Hypatia 8, no. 1.

(Winter 1993): 121-144.

________. “Modern Feminism and Marx.” Studies in Soviet Thought 44,

no. 3. (Nov. 1992): 159-192.

Friday, September 13, 2019

China sends over 1000 single men and women on overnight train journey to find love

China sends over 1000 single men and women on overnight train journey to find love
The train, which is called “Y999” and also known as “Love-Pursuit,” is specially designed to help

young people fall in love.
IT-S-VIRAL Updated: Aug 31, 2019 14:37 IST
Trisha Sengupta
Trisha Sengupta
Hindustan Times, New Delhi
Single people taking a trip on Love-Pursuit train in China.
Single people taking a trip on Love-Pursuit train in China. (Twitter/@thandojo)





In China, there are over 200 million singletons. It means, most of these single people need to find a

way to meet their significant others. Let’s admit, for many, that’s not an easy job. Probably that’s the

reason, the youth wing of the country’s ruling party decided to intervene and make things easier for

the single men and women. And, they did so in the most unusual way possible – by introducing a

“love train.”

The train, which is called “Y999” and also known as “Love-Pursuit,” is specially designed to help

young people fall in love, reports Insider. This overnight train project started about three years ago.

Though it has only been on three journeys till now, thousands of people trying to find love have

already taken the trip.

This year too, on August 10, the train departed from Chongqing North station with Qianjiang as its

destination, reports Insider. The purpose of the two-day journey was to help the passengers on-

board to get to know each other better – and eventually spark a love connection.

The love train departed from Chongqing North station with Qianjiang as its destination.
The love train departed from Chongqing North station with Qianjiang as its destination.
“These activities are more creative than matchmaking. The train is like a bridge, bringing people

from different places together, to get to know each other during the journey,” one of the participants

Huang Song told Insider. “Even if you don’t find the right one for you, you can still make a lot of

friends on the train,” Song added.

This unusual approach is actually working in reality as it has brought hundreds of people together,

reports Dailymail. Further, 10 couples also got married after they took a ride on Love-Pursuit train.

If given a chance, would you like to take a ride?


'Jab They Met': Single Men and Women are Boarding China's Special Train to 'Find' Love
'The train is like a magpie bridge, bringing people from different places together to get to know each

other during the journey,' one of the participants said.
Trending DeskUpdated:August 31, 2019, 12:09 PM ISTfacebookTwitterskype
'Jab They Met': Single Men and Women are Boarding China's Special Train to 'Find' LoveImage for

representation purpose only / AFP.

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Over a 1,000 young men and women travelled aboard a special train in the hopes of finding the

perfect partner earlier this month in China as the country tries to close a huge gender gap that has

been in the making since the implementation of the “one-child policy” during the 1970s.

The two-day and one night journey from Chongqing North Station to Qianjiang Station began on

August 10, Asia One reported.

The 10-carriage Y999 'Love-Pursuit Train' was launched three years ago as a roving matchmaking

service for the country's 200 million single people, Daily Mail UK reported.

Since then, more than 3,000 youngsters have undertaken the journey with 10 couples getting

married after meeting each other on the train.

“Such activities are more creative than matchmaking. The train is like a magpie bridge, bringing

people from different places together to get to know each other during the journey,” one of the

participants, Huang Song, was quoted as saying. “Even if you don't find the right one for you, you

can still make a lot of friends on the train.”

Besides various games and dining options, passengers also stopped over at the ancient water town

of Zhuo Shui to watch traditional performances and enjoy a 1,000-people banquet. Yang Huan said

she already found herself a boyfriend while travelling on the 'Love-Pursuit Train'. “We only got to

know each other on the return trip and realised we had matching values,” she told news website

youth.cn.

“We realised that we both wanted the kind of love that is depicted in poem "To the Oak Tree" when

both sides admire each other but remain independent. We enjoyed being together. [It felt] nature,

easy and not coy,” she was quoted as saying.

Some 30 million Chinese men are estimated to be “wifeless over the next 30 years” due to the

one-child policy, which was abolished in 2016, and led to many couples deciding to abort unborn

girls in order for a chance to have a boy.

With only 7.2 people out of every 1,000 getting hitched in the country in 2018, China's marriage rate

hit a decade low last year.

The mandatory one-child policy was launched in the late 1970s amid a soaring population due to a

post-war baby boom encouraged by Chairman Mao. The rule was aimed at keeping the Chinese

population under 1.2 billion by the end of the 20th century.

In urban areas, women were asked to abort second pregnancies and couples were imposed fines,

usually three times their annual income, in case they decided to have a second child.

China Sends More Than 1,000 Single People On 'Love Train' To Find Their Other Half
 Priyanshi Mathur Updated: Aug 29, 2019, 13:15 IST3.3K SHARES
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If you've ever dreamed of finding love on a train journey, then this might be just the thing for you.

If sources are to be believed, you can now head to China and find your Mr Right, and all it'll take is a special train. According to reports, China has started a special train service that has been designed to take the country’s 200 million single people to a destination called amour.

More than 1,000 men and women were on the overnight ‘romantic’ train journey last week, hoping to find their Mr and Ms Right among like-minded fellow travellers. The carriage train, known as the Y999 ‘Love Pursuit Train,’ was launched three years ago as a creative platform for youngsters to meet new people.


love train

DAILY MAIL

More than 3,000 young people have ridden the train on its three annual trips and 10 couples have got married finding each other here.

DON'T MISS
The match-making service was initiated by the railway authority of Chengdu together with the Communist Youth League of Chongqing. The organisers also designed various games and dining options to help the participants get to know each other.

A woman, Yang Huan, said that she has already found a boyfriend. “We only got to know each other on the return trip and realised we had matching values,” she told youth.cn, a news website affiliated to the Communist Youth League of China.

love train

DAILY MAIL

She added, “We realised that we both wanted the kind of love that is depicted in poem ‘To the Oak Tree’ when both sides admire each other but remain independent. We enjoyed being together. [It felt] natural, easy and not coy.”

The train should run in India too, what do you think?

Tuesday, September 10, 2019

Adult couple can live together without marriage: Supreme Court

Adult couple can live together without marriage: Supreme Court
The observations came while the top court was hearing a plea filed by Nandakumar against a Kerala High Court order annulling his marriage with Thushara on the ground that he had not attained the legal age of marriage.
INDIA Updated: May 06, 2018 21:11 IST

https://www.hindustantimes.com/india-news/adult-couple-can-live-together-without-marriage-supreme-court/story-78VUJpqqqLVlLm7EqSfeBK.html

Press Trust of India, New Delhi
The Supreme Court held that live-in relationships were now even recognized by the Legislature and they had found a place under the provisions of the Protection of Women from Domestic Violence Act, 2005.
The Supreme Court held that live-in relationships were now even recognized by the Legislature and they had found a place under the provisions of the Protection of Women from Domestic Violence Act, 2005. (HT File Photo)





An adult couple has a right to live together without marriage, the Supreme Court said, while asserting that a 20-year-old Kerala woman, whose marriage had been annulled, could choose whom she wanted to live with.

The top court held that live-in relationships were now even recognized by the Legislature and they had found a place under the provisions of the Protection of Women from Domestic Violence Act, 2005.

The observations came while the apex court was hearing a plea filed by one Nandakumar against a Kerala High Court order annulling his marriage with Thushara on the ground that he had not attained the legal age of marriage.

Prohibition of Child Marriage Act states that a girl can’t marry before the age of 18, and a boy before 21.


Nandakumar, who had approached the top court, will turn 21 on May 30 this year.

The high court had also granted the custody of Thushara to her father after noting that she was not Nandakumar’s “lawfully wedded” wife.

A bench of justices A K Sikri and Ashok Bhushan said their marriage could not said to be “null and void” merely because Nandakumar was less than 21 years of age at the time of marriage.

“Appellant no 1 as well as Thushara are Hindus. Such a marriage is not a void marriage under the Hindu Marriage Act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be a voidable marriage...

“It is sufficient to note that both appellant no 1 and Thushara are major. Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock,” the bench said.

While setting aside the order of the high court granting custody of woman to her father, the apex court said that “we make it clear that the freedom of choice would be of Thushara as to with whom she wants to live”.

It also referred to a recent case involving a woman from Kerala, Hadiya, where it had restored her marriage with Shafin Jahan on the ground that it was a marriage between two consenting adults.

The apex court had also clarified that a court cannot interfere in the marriage of two consenting adult and cannot annul the marriage in a habeas corpus (a writ requiring a person under arrest to be brought before a judge or into court, for securing the person’s release) petition.



Adults don't have to marry, can stay in a live-in relationship

Adults don't have to marry, can stay in a live-in relationship: Laws you should know
In light of the recently updated law that de-criminalizes live-in relationships, the bench ruled that 'marriageable age is not a relevant factor for living together by two adults'. Read to know the live-in relationship laws in India and the recent judgment.

https://www.indiatoday.in/education-today/gk-current-affairs/story/you-could-be-too-young-for-marriage-but-old-enough-for-a-live-in-relationship-reminds-supreme-court-laws-you-should-know-1228325-2018-05-07


Tanya Saihgal
New Delhi
May 7, 2018UPDATED: May 7, 2018 18:43 IST
A still from the movie Cocktail. (Representational image)
A still from the movie Cocktail. (Representational image)
Two adults have the right to live together even if they have not attained marriageable age, the Supreme Court has said. The ruling came in a recent Kerala case of a father filing a plea for his daughter eloping with an 'underage' boy.

Hence, according to the law, if you are an adult you can live in with another adult. In India, a person becomes an adult when s/he turns 18 years.

The Kerala case
A father filed a missing person report after his 19-year-old daughter had allegedly eloped and married a boy of under 21 years of age
Since the girl was of marriageable age but the boy wasn't, the Kerala High Court entrusted the custody of the girl to her father
The boy approached the apex court contending that since the girl is admittedly a major, she has the right to live wherever she wants to or move as per her choice and the high court could not have entrusted the girl to her father
The bench of Justice AK Sikri and Justice Ashok Bhushan agreed with these contentions, and observed:
Even if they were not competent to enter into wedlock (which position itself is disputed), they have the right to live together even outside wedlock. It would not be out of place to mention that 'live-in relationship' is now recognised by the legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005
Adding that:
"The daughter is entitled to enjoy her freedom as the law permits and the court should not assume the role of a super guardian being moved by any kind of sentiment of the mother or the egotism of the father."

ADVERTISEMENT

Here is the best part:
We make it clear that the freedom of choice would be of Thushara (the girl) as to with whom she wants to live
- the bench said while allowing the appeal
Live-in relationships were declared as an acceptable custom in Indian society by the Supreme Court on July 23, 2015. Here is how.

A woman aged 29, who has been in a live-in relationship with her partner for three years, thinks that "however free couples living-in together are according to the law in our country, society does not accept them in the same way. The judiciary has come along way in decriminalising and criminalising a lot of things, but the problem lies in the people, their mindsets, their thinking".

Quoting an incident she faced being in a live-in with her partner, she told us:
When we [she and her partner] were looking for a place to stay, we were rejected by about 20 landlords before we finally were accepted at the one we have been living in since. It was a hard time...
Protection of women and child rights in live-in relationships
Section 125 of the Criminal Procedure Code has been provided to give a legal right of maintenance to lady partners in or out of a marriage
As per Section 2 (f) of the Domestic Violence Act not only applies to a married couple, but also to a 'relationship in nature of marriage'
Section 16 of the Hindu Marriage Act, provides the legal status of legitimacy even to illegitimate children (those born out of marriage) for the sole purpose of inheritance. Therefore, inheritance rights have been granted to children born out of a live-in relationship. These rights are available in both ancestral and self-bought properties






Cohabitation

Cohabitation
https://legal-dictionary.thefreedictionary.com/Live-in+relationship

A living arrangement in which an unmarried couple lives together in a long-term relationship that

resembles a marriage.

Couples cohabit, rather than marry, for a variety of reasons. They may want to test their compatibility

before they commit to a legal union. They may want to maintain their single status for financial

reasons. In some cases, such as those involving gay or lesbian couples, or individuals already

married to another person, the law does not allow them to marry. In other cases, the partners may

feel that marriage is unnecessary. Whatever the reasons, between 1970 and 1990, the number of

couples living together outside of marriage quadrupled, from 523,000 to nearly 3 million. These

couples face some of the same legal issues as married couples, as well as some issues that their

married friends need never consider.

In most places, it is legal for unmarried people to live together, although some Zoning laws prohibit

more than three unrelated people from inhabiting a house or apartment. A few states still prohibit

fornication, or sexual relations between an unmarried man and woman, but such laws are no

longer enforced. Even in the early twenty-first century, some states continue to prohibit Sodomy,

which includes sexual relations between people of the same sex. Although these laws are rarely

enforced, the U. S. Supreme Court upheld the constitutionality of these sodomy statutes as applied

to same-sex couples in Bowers v. Hardwick, 478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140

(1986). The Court reconsidered the same issue 17 years later, however, and decided that a Texas

sodomy law that applied specifically to homosexual conduct violated the due process clause of the

Fourteenth Amendment (lawrence v. texas, 539 U.S. ___, 123 S. Ct. 2472,156 L. Ed. 2d 508

[2003]). Advocates of Gay and Lesbian Rights viewed the case as a victory for their cause.

The law traditionally has been biased in favor of marriage. Public policy supports marriage as

necessary to the stability of the family, the basic societal unit. To preserve and encourage marriage,

the law reserves many rights and privileges to married persons. Cohabitation carries none of those

rights and privileges. It has been said that cohabitation has all of the headaches of marriage without

any of the benefits. Cohabiting couples have little guidance as to their legal rights in such areas as

property ownership, responsibility for debts, custody, access to health care and other benefits, and

survivorship.

Family Law experts advise cohabiting couples to address these and other issues in a written

cohabitation agreement, similar to a Premarital Agreement. The contract should outline how the

couple will divide expenses and own property, whether they will maintain joint or separate bank

accounts, and how their assets will be distributed if one partner dies or leaves the relationship.

Property acquired during cohabitation, such as real estate, home furnishings, antiques, artwork,

china, silver, tools, and sports equipment, may be contested if partners separate or if one of them

dies. To avoid this, the agreement should clearly outline who is entitled to what.

When cohabiting couples separate, division of assets often becomes a contentious issue. In the

past, courts refused to enforce agreements between unmarried couples to share income or assets,

holding that such agreements were against public policy. In 1976, the California Supreme Court

decided Marvin v. Marvin, 18 Cal. 3d 660, 134 Cal. Rptr. 815, 557 P.2d 106, holding that

agreements between cohabiting couples to share income received during the time they live together

can be legally binding and enforceable. The highly publicized suit between actor Lee Marvin and his

live-in companion, Michelle Triola Marvin, was the first of a series of "palimony" suits that have

become more numerous since the 1980s. The plaintiff in a palimony suit must prove that the

agreement of financial support is not a meretricious agreement, that is, one made in exchange for a

promise of sexual relations. Courts refuse to enforce meretricious contracts because of their

similarity to contracts for prostitution.

The only way to guarantee that a valid agreement of support or division of property exists is to have

it in writing. In the Marvin case, the plaintiff, who asked for $1.6 million, was awarded only $104,000.

An appeals court revoked that amount and found that the plaintiff had failed to show that she and

the defendant had an agreement (Marvin v. Marvin, 122 Cal. App. 3d 871, 176 Cal. Rptr. 555 [Cal.

Ct. App. 1981]). Conversely, when tennis star Martina Navratilova separated from live-in lover Judy

Nelson in 1993, Nelson filed a $16 million palimony suit, claiming that Navratilova reneged on a

promise to share whatever the couple accumulated during their relationship. A signed and

videotaped 1986 cohabitation agreement supported Nelson's claim, and Navratilova settled out of

court for an undisclosed amount.

Cohabiting parents may face legal difficulties if they separate without a written parenting agreement.

An unmarried father must acknowledge Paternity by filing an Affidavit with the state legitimating his

child and establishing his parental relationship. Likewise, both parents must actively participate in

the raising of the child in order to have a legitimate claim to custody or visitation. By legitimating their

child and being involved in the child's upbringing, unmarried parents establish their right to seek

custody or visitation if the family breaks up. Legitimation is also important for inheritance purposes. If

an unmarried father dies without a will, his legitimated child can freely inherit his estate (see Trimble

v. Gordon, 430 U.S. 762, 97 S. Ct. 1459, 52 L. Ed. 2d 31 [1977], which held that a signed statement

establishing paternity of a child born out of wedlock is adequate protection of the child's inheritance

rights). Of course, the best way to guarantee the distribution of assets to children is through a

written will.

Cohabiting couples may face difficulties when one of them becomes ill and requires hospitalization

or long-term care. The case of Sharon Kowalski and Karen Thompson illustrates this problem.

Kowalski and Thompson lived together for four years before Kowalski sustained serious head

injuries in a 1983 automobile accident. She was left paralyzed and seriously brain damaged, but

able to communicate. Kowalski's parents refused to allow Thompson to see her or to participate in

decisions about her treatment. In 1984, Kowalski's father was awarded guardianship of Kowalski

(In re Kowalski, 382 N.W.2d 861 [Minn. Ct. App. 1986] and the family continued to frustrate

Thompson's efforts to see or assist Kowalski. In 1991, Kowalski's father voluntarily gave up his

guardianship for medical reasons, and a Minnesota trial court awarded guardianship to Karen

Tomberlin, a family friend whom the court considered a "neutral third party." The Minnesota Court of

Appeals reversed the trial court, and after a seven-year battle, Thompson was finally granted

guardianship of Kowalski (In re Kowalski, 478 N.W.2d 790 [Minn. Ct. App. 1991]). The court held

that Kowalski had "sufficient capacity" to express her preference as to a guardian and that she had

consistently said she wanted to be with Thompson. The court also noted the duration of the

couple's relationship as well as the fact that they had exchanged rings and named each other as

insurance beneficiaries before Kowalski's accident.

Cohabiting couples can avoid such conflicts by executing certain documents, including a durable

Power of Attorney and a medical power of attorney. A durable power of attorney grants an

unmarried partner the necessary authority to make decisions in the event of physical or mental

disability of the other partner. It goes further than a general power of attorney in that it specifically

allows one partner to continue making decisions even if the other partner becomes incapacitated. A

medical power of attorney allows one partner to make decisions regarding medical treatment for the

other. If the partners have specific instructions about funeral arrangements, these too should be put

in writing. In addition, a written will or trust allows partners to specify the distribution of their property,

including life insurance benefits, IRAs, and bank accounts. Partners may also name their preferred

trustee or executor.

Many cohabiting heterosexual couples believe that the law will recognize their relation-ship as a

Common-Law Marriage with the legal protections and financial benefits of marriage. However, only

Alabama, Colorado, the District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, Ohio,

Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah recognize common-law

marriage. In those states, a man and woman who live together and represent themselves as

married may be given common-law recognition. Once a common-law marriage has been

established, it must be dissolved through Divorce. Cohabiting couples who live in a state that

recognizes common-law marriage and do not wish to be married should execute a statement that

they are not married in order to avoid a later finding that a common-law marriage existed.

In the 1990s, a few courts began to recognize the familial ties of unmarried couples. In Braschi v.

Stahl Associates, 74 N.Y.2d 201, 543 N.E.2d 49, 544 N.Y.S.2d 784 (1989), New York State's

highest court found that a homosexual man and his deceased life partner had constituted a family

for purposes of New York City's rent control ordinance. The court found that in this case, the term

family should be construed broadly and should encompass contemporary realities, including

unmarried adult partners in a long-term, committed relationship that shows mutual sharing of the

mundane tasks of everyday life. Similarly, in Dunphy v. Gregor, 261 N.J. Super. 110, 617 A.2d 1248

(N.J. 1992), the court found that a woman who had witnessed the events leading to her fiancé's

death had standing to sue for the emotional damage she suffered as a result. Previously, suits such

as this (called bystander liability suits) were limited to those who were married or had blood ties to

the victim. However, the court in Dunphy found that the plaintiff met the requirement of "intimate

familial relationship," noting that the plaintiff and her fiancé had lived together for several years, that

there was a high degree of mutual dependence in their relationship, and that they contributed to and

shared a common life.

Since the 1980s, a growing number of states and municipalities have passed laws allowing

unmarried couples, both heterosexual and homosexual, to register as domestic partners. Some

cities have established a domestic partner registry, while others extend certain benefits to domestic

partners even if the city does not provide a registry. The state of California leads the nation in the

number of cities and counties that provide benefits to domestic partners, offer domestic partner

registries, or both. Cities providing domestic partner benefits include New York City, Los Angeles,

Chicago, Boston, and Philadelphia. The ordinances and statues in these cities allow couples to

register as domestic partners, and to dissolve their partnerships if they separate.

Two 1995 court decisions declared particular domestic partner ordinances invalid. In Lilly v. City of

Minneapolis, 527 N.W. 2d 107, the Minnesota Court of Appeals struck down a Minneapolis city

council resolution authorizing reimbursement to city employees for health care insurance costs for

same-sex domestic partners and for blood relatives not classified as dependents under state law.

The court held that the resolution was beyond the scope of the council's authority and lacked legal

force. Likewise, in City of Atlanta v. McKinney, 265 Ga. 161, 454 S.E.2d 517, the Supreme Court of

Georgia held that the city of Atlanta had exceeded its authority when it had extended employee

benefits to persons who did not qualify as dependents under state law.

Some same-sex cohabitants face other types of legal challenges. In Garcia v. Garcia, 60 P.3d 1174

(Utah Ct. App. 2002), the Utah Court of Appeals held that an ex-wife's involvement in a same-sex

relationship constituted cohabitation for the purpose of determining whether the exhusband's

Alimony payments should be terminated. Under Utah law, a court's order requiring alimony

payments from one spouse to the other terminates upon proof that the spouse receiving alimony is

cohabiting with another person. The ex-wife allegedly maintained a long-term relationship with

another woman, during which time she shared a common residency and had sexual contact. The

trial court held that the statute's definition of cohabitation applied only to relationships between

members of the opposite sex. The appeals court disagreed, holding that the term "sexual contact" in

the statute also included such contact between members of the same sex, and reversed the trial

court's decision.

Further readings
American Bar Association. 1994. Family Legal Guide. New York: Random House.

Dailey, Patricia A. 1994. "Domestic Partnerships in the Nineties." Delaware Lawyer (summer).

Duff, Johnette, and George G. Truitt. 1992. The Spousal Equivalent Handbook: A Legal and

Financial Guide to Living Together. New York: Penguin, NAL/Dutton.

Ihara, Toni, Robin Leonard, and Ralph Warner. 1994. The Living Together Kit. 7th ed. Berkeley,

Calif.: Nolo Press.

Richardson, David G. 1993. "Family Rights for Unmarried Couples." Kansas Journal of Law and

Public Policy (spring).

Samuels, M. Dee. 1995. "You Don't Have to Be Married to Be Legal." Compleat Lawyer (winter).

Wallman, Lester. 1994. Cupid, Couples, and Contracts: A Guide to Living Together, Prenuptial

Agreements, and Divorce. New York: MasterMedia.

Cross-references
Parent and Child.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights

reserved.
cohabitation
n. living together in the same residence, generally either as husband and wife or for an extended

period of time as if the parties were married. Cohabitation implies that the parties are having sexual

intercourse while living together, but the definition would not apply to a casual sexual encounter.

Legal tests have been filed to determine whether cohabitation would refer to same sex partners,

which is important to those involved since "cohabitation" is the basis of certain rights and privileges

under various laws, regulations and contracts. The findings of the courts vary on this question, but

the trend is to include long-standing homosexual relationships as cohabitation.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
cohabitation(Living together), noun abiding tooether, act of dwelling together, alliance, living

together in sexual intimacy, lodging together, lodging together as hussand and wife, occupying the

same domicile, residing tooether, rooming together
Associated concepts: cohabiting in a state of adultery, illicit cohabitation, lewd and lascivious

cohabitation
Foreign phrases: Nuptias non concubitus sed consensus facit.Not cohabitation but consent makes

the valid marriage.
cohabitation(Married state), noun act of living tooether as husband and wife, act of pairing, bond of

matriiony, conjugal bliss, conjugality, connubiality, coverture, domestication, legal relation of

spouses to each other, legal union of a man and a woman, marriage, married status, matrimony,

nuptial bond, nuptial tie, state of matrimony, union, vinculo matrimonii, wedded state, wedded status,

wedlock
Associated concepts: bigamous cohabitation, cohabiting in a state of adultery, matrimonial

cohabitation, polygamous cohabitation
Foreign phrases: Nuptias non concubitus sed consensus facit.Not cohabitation but consent makes

the marriage.
See also: marriage, matrimony
Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The

McGraw-Hill Companies, Inc.
COHABITATION. Living together.
     2. The law presumes that husband and wife cohabit, even after a voluntary separation has taken

place between them; but where there has been a divorce a mensa et thoro, or a sentence of

separation, the presumption then arises that they have obeyed the sentence or decree, and do not

live together.
     3. A criminal cohabitation will not be presumed by the proof of a single act of criminal intercourse

between a man and woman not married. 10 Mass. R. 153.
     4. When a woman is proved to cohabit with a man and to assume his name with his consent, he

will generally be responsible for her debts as if she had been his wife; 2 Esp. R. 637; 1 Campb. R.

245; this being presumptive evidence of marriage; B. N. P. 114; but this liability will continue only

while they live together, unless she is actually his were. 4 Campb. R. 215.
     5. In civil actions for criminal conversation with the plaintiff's wife, after the husband and wife

have separated, the plaintiff will not in general be entitled to recover. 1 Esp. R. 16; S. C. 5 T. R. 357;

Peake's Cas. 7, 39; sed vide 6 East, 248; 4 Esp. 39.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier.

Published 1856.




Oklahoma Marriage Initiative Fails to Halt Rising Divorce Rates

Oklahoma Marriage Initiative Fails to Halt Rising Divorce Rates
By Clifton Adcock | November 27, 2013

https://oklahomawatch.org/2013/11/27/marriage-story/

Oklahoma government and groups have spent more than $70 million in federal money on a program originally aimed at reducing the state’s high divorce rate in hopes of fighting poverty.

But there is little hard evidence that the Oklahoma Marriage Initiative is succeeding in a broad sense.

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News9 Video on Marriage Initiative, in Partnership With Oklahoma Watch
Over the past dozen years, the rates of divorce, unmarried cohabitation and single-parent families have increased in Oklahoma while the percentage of households with married couples has declined, according to U.S. Census Bureau data. That reflects a national trend.

Poverty rates in Oklahoma have climbed during that period, from about 13 percent to more than 17 percent, the data shows.

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More than fourth-fifths of the $70 million spent during the dozen years came from federal welfare funds that the state has discretion to spend on various social-welfare purposes.

The trends have helped fuel questions among some leaders about whether the Oklahoma Marriage Initiative is effective in boosting marriage and lowering divorce, and whether taxpayers should be funding such marriage-improvement programs.

The marriage initiative, launched in 1999 by Gov. Frank Keating with a goal of cutting divorce rates by a third by 2010, is led by an Oklahoma City public-relations firm that has provided workshops and outreach to several hundred thousand people.

In 2002, initiative leaders abandoned the goal of reducing divorce rates by a third within a decade, saying it was unattainable. The initiative now focuses on encouraging healthy marriages and families, with many participants saying they have benefited.

Yet the marriage and divorce trends indicate how difficult it is to quantify the success of marriage-promotion programs.

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“While these grants are well-intentioned, they oftentimes fail to reach measureable goals and instead send precious tax dollars to well-connected companies that thrive off of government contracts,” U.S. Sen. Tom Coburn said in a recent statement to Oklahoma Watch. “The best way for the federal government to promote marriage is to respect the institution and the rights of parents to care for their children.”

The Oklahoma Marriage Initiative retains strong support among state Republican leaders.

Last session, lawmakers introduced various bills intended to promote marriage and discourage divorce. One, authored by House Speaker T.W. Shannon and approved, will use discretionary welfare funds to pay for public-service announcements promoting the benefits of marriage. Those PSAs will be developed in mid to late 2014.

Interactive: Marriage and Divorce, by State
The marriage push may carry over into next session. In October, Shannon held an interim-study hearing at which experts and state agency officials testified about how marriage can produce economic benefits for individuals and communities.

“We must change the conversation on poverty to focus on stronger families, which in turn will not only produce a more stable and healthy economy, but also improve overall well-being for all Oklahomans,” Shannon said.

At an August appearance, while praising the initiative, Shannon added, “The problem is that it’s been in the micro level, not the macro level. We need to take it out to the macro level because, yes, I think they have seen some successes.”

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Initiative Begins

In fiscal 1999, the Department of Human Services was given approval to spend $10 million in discretionary welfare funds as start-up costs for the Oklahoma Marriage Initiative. The program began picking up speed in 2002.

From 2002 to 2013, five groups received more than $70 million in federal funds for the Oklahoma Marriage Initiative. That included $58 million in discretionary Temporary Assistance to Needy Families money provided by the Oklahoma Department of Human Services and around $13 million in direct grants from the U.S. Department of Health and Human Services.

Public Strategies, the public relations firm that runs the marriage initiative, got more than 90 percent of the money to implement the program. The company also received an additional $15 million in direct federal grants to produce materials for use by other marriage groups nationwide.

Oklahoma’s was the first marriage program in the nation to use discretionary welfare funds. The Welfare Reform Act of 1996 allowed some welfare funds to be spent on other social-welfare purposes. Later, under the Bush and Obama administrations, federal grants were created specifically for healthy marriage and relationship initiatives.

On a per capita basis, Oklahoma has gotten more federal money than any other state since 2000 to promote healthy relationships and marriage, according to Alan J. Hawkins, a member of the initiative’s research advisory group and author of the book “The Forever Initiative.” Oklahoma has the third highest amount overall, behind California and Texas.

Four other organizations received Oklahoma Marriage Initiative funds: Oklahoma State University, the University of Oklahoma, the Oklahoma Association of Youth Services and Prep Inc., which provides curriculum.

Last fiscal year, the state human services department spent $8 million in welfare funds on the initiative.

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Public Strategies Inc. was founded in 1990 by Mary Myrick, a political consultant for Republicans. The firm drew controversy in the program’s early years because it had won various  sole-source contracts from the DHS and other agencies headed by then-Secretary Jerry Regier and had billed for expenses questioned by some lawmakers. No wrongdoing was found.

Asked about Coburn’s statement on well-connected companies, Myrick told Oklahoma Watch that most organizations that have gotten federal marriage grants, including hers, are not winning them based on inappropriate political influence and that strict safeguards are in place.

“Most of the people who do this work or direct service work … are just trying to serve families,” she said.

Public Strategies’ staff has grown to about 150 and the firm runs various projects. Those include training in relationships and communication skills, couples retreats and training for couples expecting a baby, said Kendy Cox, who directs the marriage initiative for the company.

All of the programs are free, with many led by volunteers. Participants include married couples, unmarried people, families with an incarcerated parent, high school and college students, parents of foster and adopted children, low-income couples, Spanish-speaking couples and African-American couples, Cox said.

Since 2000, about 350,000 people have taken Oklahoma Marriage Initiative courses or training, Cox said, with most reporting high rates of satisfaction.

Jeff and Ellen White
Jeff and Ellen White

Jeff and Ellen White of Oklahoma City, who have been married for nearly nine years, are among the participants.

The Whites, who are foster parents, have attended a few of the initiative’s retreats and reunions and said they successfully applied its techniques to their marriage and their relationship with foster children and others.

“The people were fun, the training sessions are good, and there’s not a time we haven’t walked out with something,” Jeff White said.

“I think every person who has a family should go to these retreats,” Ellen said. “They give so many things to work with and they’re such a great organization.”

Measuring Success

In 2002, the Oklahoma Marriage Initiative, working with university researchers, conducted a survey on various factors about marriage. The purpose was to gauge current attitudes toward marriage and set a baseline for measuring the program’s effects.

The survey found high rates of marriage and divorce and trends such as couples getting married at a younger age than the national average, as well as high shares of married people previously divorced.

No follow-up survey has been done.

“We have not had the money or the right design to do a comprehensive evaluation on the entire range of the initiative services,” Cox said.

A 2002 story in the Washington Times quoted an OSU researcher as saying the baseline survey cost $150,000.

After the survey, the initiative’s research team concluded that Keating’s goal of reducing divorce by a third in a decade was unattainable.

“That was more of a policy statement than it was an actual research-based statement to make,” Cox said, adding that Keating was seeking funding.

“We’re not just trying to reduce divorce,” Cox said. “Our mission is to provide relationship education and skills to the public.”

The Department of Human Services oversees the initiative. Public Strategies files an annual independent audit with DHS, and there are yearly meetings between the company and DHS to discuss finances and performance, Cox said.

Marriage and Prosperity

In 1998, before the initiative began, OU and OSU economists produced a report on factors that would allow the state to become more prosperous. Among those was lowering the rates of divorce, out-of-wedlock births and child abuse.

Q&A: Marriage in Oklahoma
Gov. Keating then formed the Oklahoma Marriage Initiative with the stated goal of lowering divorce rates.

Scientific studies on the broader successes of marriage initiatives have been mixed. Some found significant positive effects while others found no effect. An evaluation in 2010 found positive results from the Oklahoma initiative’s Family Expectations program, which targets couples expecting a baby, although among seven sites, only Oklahoma City’s results were statistically significant.

Meanwhile, divorce rates have risen and marriage rates have declined. Experts debate which cause-effect dynamic is greater: lower marriage rates worsening poverty or higher poverty lowering marriage rates.

Census Bureau data from 2000 to 2012 shows that while married households in Oklahoma still make up the vast majority of “coupled households,” the percentage of married households has fallen, from 54 percent to 49 percent, reflecting a national trend.

The rates of people over age 15 who are divorced, of unmarried cohabitating couples and of single-mother households have increased in Oklahoma.

In 2012, Oklahoma had the third highest divorce rate in the country, measured by the Census Bureau as the percentage of people aged 15 and over who are currently divorced. Nevada and Maine had the highest shares, over 14 percent; Oklahoma’s was 13.5 percent.

Cox said the mission of reducing divorce is still a worthy one, but the goal has proven more difficult and complex than expected.

She said the tools offered through the marriage initiative not only help strengthen marriage and families, but have positive social and economic benefits for the state.

Myrick said the initiative’s programs have been shown to be effective for participants.

“Everybody that comes through from all over the country talks about how it’s the most promising thing happening for particularly low-income families,” she said.

It will take time to see the full results of the marriage initiative, Cox said, because it is confronting large social trends and stigmas about seeking marriage help.

“I believe that will happen for us in the future and I believe we’ll be shown to be effective,” Cox said. “We believe all things are on trend to go onward and upward.”