What is a Covenant Marriage?

One of the most interesting marriage trends in recent years is the covenant marriage. This once-obscure legal arrangement was brought to the limelight following the election of Representative Mike Johnson as Speaker of the House in 2023; Johnson and his wife Kelly have been in a covenant marriage since 1999. 

Since then, public interest in covenant marriage has grown. But what is it? 

What is Covenant Marriage?

Covenant marriage is a form of marriage primarily used by Christian couples to affirm their marriage before God. It’s often viewed as adding spiritual reinforcement to the union, in the eyes of God, each other, and the law.

Legally speaking, covenant marriage has some unique properties. It requires couples to engage in pre-marital counseling before the wedding and limits the possibility for either member of a couple to initiate a no-fault divorce.

Under no-fault divorce rules, one or both parties in a marriage can initiate divorce without citing any sort of wrongdoing.

Covenant marriages do not allow no-fault divorce, and place stringent legal requirements for couples to part ways. In a covenant marriage, the only legal grounds for divorce are:

• One party committed adultery.
• One party committed a felony.
• One party is an alcoholic or abuses drugs.
• One party committed physical or sexual abuse.
• One party abandoned the other for at least one year.

Additionally, under covenant marriage, the courts require proof of these offenses to initiate divorce, either in the form of photos/videos or witness testimony.

While supporters say this arrangement can make a marriage feel even more meaningful, critics point out that it can also trap people in harmful relationships with limited legal options should they wish to part ways. 

Where is Covenant Marriage Legal?

Covenant marriage is currently only legal in three states:

• Arizona
• Arkansas
• Louisiana

Louisiana passed the first covenant marriage bill in 1997, and shortly thereafter Arizona and Arkansas passed bills legalizing it as well. Since 2001, covenant marriage hasn’t had any significant legal pushes in other states – until recently.

What to Know About the Texas Covenant Marriage Bill

Lawmakers in Texas are advancing a bill that would make the Lone Star state the fourth to legalize covenant marriage. Earlier this year, Texas Representative Cody Vasut introduced House Bill 931, proposing covenant marriage as an option for more than 31 million people statewide.

While the bill allows for divorce under existing state laws for reasons such as cruelty, adultery, and abandonment, couples in covenant marriages seeking a no-fault divorce would still be required to undergo counseling first.

The introduction of such legislation signals a significant cultural and political shift in Texas's approach to marriage laws. Other states, including Missouri, Oklahoma, and Tennessee, have also recently introduced covenant marriage bills – though none have been signed into law.

Why is Covenant Marriage Getting More Popular?

What's pushing lawmakers to expand covenant marriage? Some legal scholars say it's a roundabout attempt to challenge same-sex marriage protections.

Because covenant marriage has deep religious ties, it is reserved explicitly for a man and a woman. By passing laws to that effect, critics speculate that opponents of same-sex marriage are hoping to invite legal challenges that could take a covenant marriage case to the Supreme Court, where the Obergefell precedent could be put at risk.

How Common is Covenant Marriage?

Despite all the recent interest, covenant marriage is exceptionally rare. Experts say that in states where it is legal, less than one percent of marriages are covenant marriages, with some estimates going as low as 0.25%.

Nevertheless, covenant marriage remains an option for couples in a handful of states hoping to add a layer of faith-based meaning to their union.

While no couple ever plans for divorce, it does happen – and those entering into covenant marriages must understand the legal agreement they’re entering into. It’s also worth noting that many traditional couples still hold their marriage to a high standard without adding the legal hurdles that come with covenant marriage.