For Darwin, matrimony was the victor of a careful and comical weighing of pros and cons; for Susan Sontag, “an institution committed to the dulling of the feelings”; for Charles and Ray Eames, a fairy tale of creative partnership; for Amelia Earhart, the product of medieval ideals which she was unwilling to endure; for Dan Savage, an institution that desperately needs remoralizing; for Edith Windsor and millions like her, a cherished human right the denial of which is a death to every personal dignity and the granting of which cause for the highest public celebration.

This layered and often conflicted nature of marriage as a legal institution is what legendary Irish playwright and London School of Economics founder George Bernard Shaw (July 26, 1856–November 2, 1950) — who is the only person to have been awarded both a Nobel Prize in Literature and an Oscar, and who far more memorably once crashed his bicycle into Bertrand Russell’s — explores in his 1908 play Getting Married (public library; public domain), using the story of a family convening for a wedding as the springboard for his meditation on what’s wrong with marriage laws, the fundamental gender inequality on which they are based, the hypocrisies of monogamy, and, above all, why divorce laws desperately need to evolve.

Shaw writes in the preface to the play:

There is no subject on which more dangerous nonsense is talked and thought than marriage. If the mischief stopped at talking and thinking it would be bad enough; but it goes further, into disastrous anarchical action. Because our marriage law is inhuman and unreasonable to the point of downright abomination, the bolder and more rebellious spirits form illicit unions, defiantly sending cards round to their friends announcing what they have done. Young women come to me and ask me whether I think they ought to consent to marry the man they have decided to live with; and they are perplexed and astonished when I, who am supposed (heaven knows why!) to have the most advanced views attainable on the subject, urge them on no account to compromise themselves without the security of an authentic wedding ring. They cite the example of George Eliot, who formed an illicit union with Lewes. They quote a saying attributed to Nietzsche, that a married philosopher is ridiculous, though the men of their choice are not philosophers. When they finally give up the idea of reforming our marriage institutions by private enterprise and personal righteousness, and consent to be led to the Registry or even to the altar, they insist on first arriving at an explicit understanding that both parties are to be perfectly free to sip every flower and change every hour, as their fancy may dictate, in spite of the legal bond. I do not observe that their unions prove less monogamic than other people’s: rather the contrary, in fact; consequently, I do not know whether they make less fuss than ordinary people when either party claims the benefit of the treaty; but the existence of the treaty shows the same anarchical notion that the law can be set aside by any two private persons by the simple process of promising one another to ignore it.

“Love is like a fever which comes and goes quite independently of the will,” Stendhal wrote in his timeless essay on “crystallization” and how love works, and Shaw admonishes against using this very state of fever as the catalyst for something as serious, and as regulated by law and custom, as marriage:

The stupidity is only apparent: the service was really only an honest attempt to make the best of a commercial contract of property and slavery by subjecting it to some religious restraint and elevating it by some touch of poetry. But the actual result is that when two people are under the influence of the most violent, most insane, most delusive, and most transient of passions, they are required to swear that they will remain in that excited, abnormal, and exhausting condition continuously until death do them part. And though of course nobody expects them to do anything so impossible and so unwholesome, yet the law that regulates their relations, and the public opinion that regulates that law, is actually founded on the assumption that the marriage vow is not only feasible but beautiful and holy, and that if they are false to it, they deserve no sympathy and no relief.

Discussing the artificiality of monogamy as law rather than choice, Shaw argues:

Monogamy has a sentimental basis which is quite distinct from the political one of equal numbers of the sexes. Equal numbers in the sexes are quite compatible with a change of partners every day or every hour. Physically there is nothing to distinguish human society from the farm-yard except that children are more troublesome and costly than chickens and calves, and that men and women are not so completely enslaved as farm stock. Accordingly, the people whose conception of marriage is a farm-yard or slave-quarter conception are always more or less in a panic lest the slightest relaxation of the marriage laws should utterly demoralize society; whilst those to whom marriage is a matter of more highly evolved sentiments and needs (sometimes said to be distinctively human, though birds and animals in a state of freedom evince them quite as touchingly as we) are much more liberal, knowing as they do that monogamy will take care of itself provided the parties are free enough, and that promiscuity is a product of slavery and not of liberty.

In a later section titled “Hearth and Home,” he adds:

Home life as we understand it is no more natural to us than a cage is natural to a cockatoo. Its grave danger to the nation lies in its narrow views, its unnaturally sustained and spitefully jealous concupiscences, its petty tyrannies, its false social pretenses, its endless grudges and squabbles, its sacrifice of the boy’s future by setting him to earn money to help the family when he should be in training for his adult life (remember the boy Dickens and the blacking factory), and of the girl’s chances by making her a slave to sick or selfish parents, its unnatural packing into little brick boxes of little parcels of humanity of ill-assorted ages, with the old scolding or beating the young for behaving like young people, and the young hating and thwarting the old for behaving like old people, and all the other ills, mentionable and unmentionable, that arise from excessive segregation.

In a section titled “Marriage as a Magic Spell,” Shaw goes on to debunk the false promises of marriage as a transformative tool for the nature of the relationship:

The truth which people seem to overlook in this matter is that the marriage ceremony is quite useless as a magic spell for changing in an instant the nature of the relations of two human beings to one another. If a man marries a woman after three weeks acquaintance, and the day after meets a woman he has known for twenty years, he finds, sometimes to his own irrational surprise and his wife’s equally irrational indignation, that his wife is a stranger to him, and the other woman an old friend. Also, there is no hocus pocus that can possibly be devised with rings and veils and vows and benedictions that can fix either a man’s or woman’s affection for twenty minutes, much less twenty years. Even the most affectionate couples must have moments during which they are far more conscious of one another’s faults than of one another’s attractions.

But most poignant of all are Shaw’s insights in a section titled “The Economic Slavery of Women,” where he addresses the fundamental inequality upon which the institution, as originally designed, is built and the transactional trickeries and charades they engender:

One of the consequences of basing marriage on the considerations stated with cold abhorrence by Saint Paul in the seventh chapter of his epistle to the Corinthians, as being made necessary by the unlikeness of most men to himself, is that the sex slavery involved has become complicated by economic slavery; so that whilst the man defends marriage because he is really defending his pleasures, the woman is even more vehement on the same side because she is defending her only means of livelihood. To a woman without property or marketable talent a husband is more necessary than a master to a dog. There is nothing more wounding to our sense of human dignity than the husband hunting that begins in every family when the daughters become marriageable; but it is inevitable under existing circumstances; and the parents who refuse to engage in it are bad parents, though they may be superior individuals. The cubs of a humane tigress would starve; and the daughters of women who cannot bring themselves to devote several years of their lives to the pursuit of sons-in-law often have to expatiate their mother’s squeamishness by life-long celibacy and indigence. To ask a young man his intentions when you know he has no intentions, but is unable to deny that he has paid attentions; to threaten an action for breach of promise of marriage; to pretend that your daughter is a musician when she has with the greatest difficulty been coached into playing three piano-forte pieces which she loathes; to use your own mature charms to attract men to the house when your daughters have no aptitude for that department of sport; to coach them, when they have, in the arts by which men can be led to compromise themselves; and to keep all the skeletons carefully locked up in the family cupboard until the prey is duly hunted down and bagged: all this is a mother’s duty today; and a very revolting duty it is: one that disposes of the conventional assumption that it is in the faithful discharge of her home duties that a woman finds her self-respect. The truth is that family life will never be decent, much less ennobling, until this central horror of the dependence of women on men is done away with. At present it reduces the difference between marriage and prostitution to the difference between Trade Unionism and unorganized casual labor: a huge difference, no doubt, as to order and comfort, but not a difference in kind.

In another section, titled “Labor Exchanges and the White Slavery,” Shaw adds:

Suppose, again, a woman presents herself at the Labor Exchange, and states her trade as that of a White Slave, meaning the unmentionable trade pursued by many thousands of women in all civilized cities. Will the Labor Exchange find employers for her? … [I]f it finds honest employment for her and for all the unemployed wives and mothers, it must find new places in the world for women; and in so doing it must achieve for them economic independence of men. And when this is done, can we feel sure that any woman will consent to be a wife and mother (not to mention the less respectable alternative) unless her position is made as eligible as that of the women for whom the Labor Exchanges are finding independent work? Will not many women now engaged in domestic work under circumstances which make it repugnant to them, abandon it and seek employment under other circumstances? As unhappiness in marriage is almost the only discomfort sufficiently irksome to induce a woman to break up her home, and economic dependence the only compulsion sufficiently stringent to force her to endure such unhappiness, the solution of the problem of finding independent employment for women may cause a great number of childless unhappy marriages to break up spontaneously, whether the marriage laws are altered or not. … We may expect, then, that marriages which are maintained by economic pressure alone will dissolve when that pressure is removed; and as all the parties to them will certainly not accept a celibate life, the law must sanction the dissolution in order to prevent a recurrence of the scandal which has moved the Government to appoint the Commission now sitting to investigate the marriage question: the scandal, that is, of a great number matter of the evils of our marriage law, to take care of the pence and let the pounds take care of themselves. The crimes and diseases of marriage will force themselves on public attention by their own virulence. I mention them here only because they reveal certain habits of thought and feeling with regard to marriage of which we must rid ourselves if we are to act sensibly when we take the necessary reforms in hand.

Shaw goes on to explore the importance of loosening marriage laws and making divorce more attainable, concluding:

When it comes to “conduct rendering life burdensome,” it is clear that no marriage is any longer indissoluble; and the sensible thing to do then is to grant divorce whenever it is desired, without asking why.

Complement Getting Married with Charles Darwin’s delightful list of the pros and cons of marriage, Amelia Earhart’s remarkably progressive 1931 letter to her husband-to-be, and Wendell Berry on what poetry teaches us about marriage.