A free union is a romantic

union Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...

between two or more persons without legal or religious recognition or regulation. The term has been used since the late 19th century to describe a relationship into which all parties enter, remain, and depart freely. The free union is an alternative to, or rejection or

criticism of marriage Criticisms of marriage are arguments against the practical or moral value of the institution of matrimony or particular forms of matrimony. These have included the effects that marriage has on individual liberty, equality between the sexes, the ...

, viewing it as a form of

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

and human ownership, particularly for women. According to this concept, the free union of adults is a legitimate relationship that should be respected. A free union is made between two individuals, but each individual may have several unions of their own.

History

Much of the contemporary tradition of free union under

natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

comes from anarchist rejection of marriage, seeking non-interference of either church or state in human relations. Leaving behind what was seen as law imposed by man in favor of

began during the late Enlightenment, when many sought to rethink the laws of property, family, and the status of women.

Utopian socialist Utopian socialism is the term often used to describe the first current of modern socialism and socialist thought as exemplified by the work of Henri de Saint-Simon, Charles Fourier, Étienne Cabet, and Robert Owen. Utopian socialism is often de ...

Robert Owen Robert Owen (; 14 May 1771 – 17 November 1858) was a Welsh textile manufacturer, philanthropist and social reformer, and a founder of utopian socialism and the cooperative movement. He strove to improve factory working conditions, promoted e ...

(1771–1858), who decried marriage as principally linked to the principle of ownership, offers a foretaste of the free union by use of the term "marriage contract in front of nature." Philosopher and

feminist Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...

Mary Wollstonecraft Mary Wollstonecraft (, ; 27 April 1759 – 10 September 1797) was a British writer, philosopher, and advocate of women's rights. Until the late 20th century, Wollstonecraft's life, which encompassed several unconventional personal relationsh ...

(1759–1797) stated, "Marriage is an affirmation of the supremacy of man over woman ..if I love a man, I want to love him while keeping my freedom." In the 1882,

Élisée Reclus Jacques Élisée Reclus (; 15 March 18304 July 1905) was a French geographer, writer and anarchist. He produced his 19-volume masterwork, ''La Nouvelle Géographie universelle, la terre et les hommes'' ("Universal Geography"), over a period of ...

initiated the Anti-Marriage Movement, in accordance with which he and his partner allowed their two daughters to marry without any civil or religious ceremony, despite public and legal condemnation. Reclus had four partners throughout his lifetime, each with a different social contract. In more modern times, free unions were common among members of the Spanish anarchist CNT political party during the popular revolution that ran alongside the

Spanish Civil War The Spanish Civil War ( es, Guerra Civil Española)) or The Revolution ( es, La Revolución, link=no) among Nationalists, the Fourth Carlist War ( es, Cuarta Guerra Carlista, link=no) among Carlists, and The Rebellion ( es, La Rebelión, lin ...

. The couple desiring contractual validation of their relationship would simple go to the Party Headquarters and request the forms, which would be destroyed if the relationship were to not work out. The couple however, were strongly encouraged to make it work, as separation created administrative work for the party. Additionally, many leading 20th Century intellectuals, including

James Joyce James Augustine Aloysius Joyce (2 February 1882 – 13 January 1941) was an Irish novelist, poet, and literary critic. He contributed to the modernist avant-garde movement and is regarded as one of the most influential and important writers of ...

Pablo Picasso Pablo Ruiz Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, ceramicist and Scenic design, theatre designer who spent most of his adult life in France. One of the most influential artists of the 20th ce ...

and their partners, and

Jean-Paul Sartre Jean-Paul Charles Aymard Sartre (, ; ; 21 June 1905 – 15 April 1980) was one of the key figures in the philosophy of existentialism (and phenomenology), a French playwright, novelist, screenwriter, political activist, biographer, and litera ...

and

Simone de Beauvoir Simone Lucie Ernestine Marie Bertrand de Beauvoir (, ; ; 9 January 1908 – 14 April 1986) was a French existentialist philosopher, writer, social theorist, and feminist activist. Though she did not consider herself a philosopher, and even th ...

never chose to marry, or delayed it until the end of life for legal reasons. De Beauvoir said of the institution, "When we abolish the slavery of half of humanity, together with the whole system of hypocrisy that it implies, then the 'division' of humanity will reveal its genuine significance and the human couple will find its true form."

Contemporary law

In French law, the ''union libre'' is an agreement between adults which grants rights between parents and potential children, but holds no obligation of sexual fidelity, nor does it grant reciprocal duties and rights between partners. A free union can be between individuals of any gender, and an individual may have several concurrently, therefore making free union an option for

LGBTQ ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...

or polyamorous relationships, as well as heterosexual and/or monogamous ones that do not wish to enter the contract of marriage for historical, social, or financial reasons. United States law has no exact legal equivalent of a free union, although comparisons are often made to

common law marriage Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...

. In the United States, partners wishing to have legal rights without entering into a marriage contract may choose to complete documents such as a

healthcare proxy In the field of medicine, a healthcare proxy (commonly referred to as HCP) is a document (legal instrument) with which a patient (primary individual) appoints an agent to legally make healthcare decisions on behalf of the patient, when the patient ...

domestic partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...

agreement,

will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...

, and

power of attorney A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...

. Members of a free union may refer to each other as partners, spouses, or any other title, but may find themselves subject to the laws of common law marriage if they consistently refer to themselves as husband and wife according to their local jurisdiction.

Roman Catholic criticism

According to

Catholicism The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

, the expression "free union" includes situations such as

concubinage Concubinage is an interpersonal and sexual relationship between a man and a woman in which the couple does not want, or cannot enter into a full marriage. Concubinage and marriage are often regarded as similar but mutually exclusive. Concubin ...

, rejection of marriage as such, or inability to make long-term commitments.''Catechism of the Catholic Church'', 2390
/ref> According to the

Catechism of the Catholic Church The ''Catechism of the Catholic Church'' ( la, Catechismus Catholicae Ecclesiae; commonly called the ''Catechism'' or the ''CCC'') is a catechism promulgated for the Catholic Church by Pope John Paul II in 1992. It aims to summarize, in book for ...

, being in a "free union" is a grave offense against the dignity of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

,''Catechism of the Catholic Church'', 2400
/ref> which it sees as a

Sacrament A sacrament is a Christianity, Christian Rite (Christianity), rite that is recognized as being particularly important and significant. There are various views on the existence and meaning of such rites. Many Christians consider the sacraments ...

."Sacrament of Marriage". ''Catholic Encyclopedia''. ww.newadvent.org/cathen/09707a.htm/ref> However, proponents maintain that the free union acts as a public recognition of a relationship without the obligations of church or state.

References

External links

A Handbook on Open Relationships

Unmarried Equality
{{DEFAULTSORT:Free Union Free love Intimate relationships Interpersonal relationships Criticism of marriage

History

Contemporary law

Roman Catholic criticism

See also

References

External links