Wednesday, May 4, 2022

The Deceased Wife’s Sister’s Marriage Act

 From The Conversation:

It was once illegal in Britain for a woman to marry the husband of her dead sister. Legally, they were seen as brother and sister, making such marriages incestuous. While it might seem odd now, this was a hot issue for Victorians and many argued that it should be legal.

William Gladstone, prime minister and leader of the Liberal party, was among many Victorians who argued for the law’s repeal on the grounds that the ecclesiastical law it was based upon was open to interpretation. He argued that on this basis these marriages were already legal in the colonies and that the law which made the union illegal confirmed that in-law marriages made before 1835 were sanctioned, placing a disparity within the law. It also highlighted the way that the rich could circumvent the law by marrying on the continent, while the poor had no such recourse, making an intrinsic inequality within society.

Nevertheless, the law wasn’t finally repealed until 1907 – 72 years after the 1835 Marriage Act first brought it into effect. Part of the scandal inherent in this law was the suggestion that female desire could exist before marriage – that a woman could sexually desire her sister’s husband. This, combined with the implication of incest, meant that the Deceased Wife’s Sister’s Marriage Act became far more controversial and divisive than anybody anticipated when it was first passed.

Dinah Craik was one of many authors intrigued by this controversy and who wrote on the subject. Craik was a popular author of domestic fiction, which were books focused upon the home life of women, written by and for women. Craik had cultivated a reputation as a respectable, middle class and even matronly author. Although her writing was sometimes seen as old fashioned, this reputation allowed her to write about controversial issues without appearing to be too controversial herself. (Read more.)

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