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Catholic sacrament of marriage and marital permanence

The Second Sex

Catholic sacrament of marriage and marital permanence joins a spiritual ideal of freely chosen, enduring union to a history in which marriage has often left women with fewer legal and economic powers than men. The book treats the sacrament’s promise of mutual consent and permanence as distinct from the unequal institutions through which marital life has been organized.

Sacramental Ideal

Marriage is described as a holy union consented to by a deep movement of will and belonging to eternity. The sacrament gives lasting reality to what the heart desires, making the union more than pleasure or temporary companionship. The book’s quoted formulation presents marriage as the sacrifice of pleasure: two souls commit themselves to being content with one another beyond their individual interests.

This ideal implies reciprocity. Each partner is understood to encounter and take possession of the other’s being, and the relationship is imagined as a profound mutual discovery. Yet the language of mutual consent and shared commitment sets a standard against which the book’s historical account of marriage becomes especially revealing: a union may be called sacred and permanent without its partners possessing equal standing within it.

Reciprocity and Dependence

The book distinguishes mutual need from equality. The sexes are bound together in a fundamental relationship, but reciprocal dependence does not by itself liberate the less powerful partner. As in the master-and-slave relation, both parties may need one another while power over the means of satisfying that need remains unequally distributed. Applied to marriage, this distinction warns against treating the couple’s mutual attachment as proof that its members have equal freedom.

The historical account similarly rejects the idea that a change in lineage alone secures women’s authority. Across different systems of descent, women remain under male guardianship; the practical question is whether authority rests with a father or brother, or passes to a husband after marriage. The woman may mediate relations between male family groups without herself controlling the law, property, or terms of the union.

Marriage, Property, and Law

In the Roman account, the development of private agricultural property and the family as society’s nucleus strengthens women’s subordination to the household and patrimony. Under marriage with manus, a wife passes into her husband’s authority, which extends to her person and property. Later, marriage without manus leaves her property under guardians’ control and divides authority between husband and father. These arrangements expose the gap between marriage as a bond and marriage as a legal allocation of power.

The book repeatedly emphasizes that formal rights do not determine women’s actual situation on their own. Economic role, custom, and family authority shape whether rights can be exercised in daily life. The broader historical argument also treats patriarchal rules as constructed rather than natural: laws and religious or philosophical justifications have helped make women’s subordinate position appear timeless, while serving the interests of those who held authority.

Permanence and Unequal Marital Power

The Napoleonic Code illustrates how the language of family order could preserve unequal marital power. It denied married women citizens’ rights in various areas, required a wife to obey her husband, gave him extensive authority over residence and children, and generally made his authorization necessary for her contracts. The husband’s adultery and the wife’s adultery were treated differently: he faced a limited legal consequence for bringing a concubine into the home, while a wife’s adultery could expose her to confinement and, in specified circumstances, her husband could be excused for killing her. The ideal of a lasting marriage thus coexisted with sharply unequal rules governing its members.

The surrounding legal history also shows that permanence was not a neutral or unchanging principle. Divorce was restored in France in 1884 after being abolished in 1826 and rejected again in 1848, though it remained difficult to obtain. The restoration allowed a wife to seek divorce if her husband committed adultery, while the law continued to criminalize adultery only when committed by a wife. Changes to married women’s legal status in 1938 and 1942 abolished the duty of obedience, but the father remained head of the family, and equality between spouses had not been achieved.

Historical Tension

The book’s account does not collapse sacramental permanence into state law or claim that the ideal of mutual consent itself caused women’s subordination. Instead, it sets the promise of a freely accepted, enduring union beside institutions shaped by property, guardianship, and male authority. The contrast makes the central issue concrete: permanence can signify a shared commitment, but where one partner lacks comparable legal and economic agency, the relationship cannot be understood as fully reciprocal.

This distinction also frames the book’s wider historical argument. Women’s position has changed with economic and social conditions, including participation in production and greater control over reproduction, but change has been uneven. The movement toward fuller legal powers did not immediately erase the family hierarchy or secure equality within marriage. The sacramental ideal therefore remains a measure of mutuality, while the historical record shows how far actual marital arrangements have often fallen short of it.