Section 29

Citation: Section 29
Parent Document: Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction: Montana (state)
Effective Date: 2012-12-17
Original Source: https://www.courtlistener.com/opinion/889962/donaldson-v-state-of-montana/ ↗

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“[T]he primacy of the husband as the legal and economic representative of
       the couple, and the protector and provider for his wife, was seen as
       absolutely essential to what marriage was” in the nineteenth century.
       Gender restrictions were slowly removed from marriage, but “because there
       were such alarms about it and such resistance to change in this what had
       been seen as quite an essential characteristic of marriage, it took a very very
       long time before this trajectory of the removal of the state from prescribing
       these rigid spousal roles was complete.” The removal of gender inequality
       in marriage is now complete “to no apparent damage to the institution.
       And, in fact, I think to the benefit of the institution.”

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