And after these preliminaries we must proceed to ask, first, what will be the Utopian marriage law, and then what sort of customs and opinions are likely to be superadded to that law?

The trend of our reasoning has brought us to the conclusion that the Utopian State will feel justified in intervening between men and women on two accounts, first on account of paternity, and secondly on account of the clash of freedoms that may otherwise arise. The Utopian State will effectually interfere with and prescribe conditions for all sorts of contract, and for this sort of contract in particular it will be in agreement with almost every earthly State, in defining in the completest fashion what things a man or woman may be bound to do, and what they cannot be bound to do. From the point of view of a statesman, marriage is the union of a man and woman in a manner so intimate as to involve the probability of offspring, and it is of primary importance to the State, first in order to secure good births, and secondly good home conditions, that these unions should not be free, nor promiscuous, nor practically universal throughout the adult population.

Prolific marriage must be a profitable privilege. It must occur only under certain obvious conditions, the contracting parties must be in health and condition, free from specific transmissible taints, above a certain minimum age, and sufficiently intelligent and energetic to have acquired a minimum education. The man at least must be in receipt of a net income above the minimum wage, after any outstanding charges against him have been paid. All this much it is surely reasonable to insist upon before the State becomes responsible for the prospective children. The age at which men and women may contract to marry is difficult to determine. But if we are, as far as possible, to put women on an equality with men, if we are to insist upon a universally educated population, and if we are seeking to reduce the infantile death-rate to zero, it must be much higher than it is in any terrestrial State. The woman should be at least one-and-twenty; the man twenty-six or twenty-seven.

One imagines the parties to a projected marriage first obtaining licenses which will testify that these conditions are satisfied. From the point of view of the theoretical Utopian State, these licenses are the feature of primary importance. Then, no doubt, that universal register at Paris would come into play. As a matter of justice, there must be no deception between the two people, and the State will ensure that in certain broad essentials this is so. They would have to communicate their joint intention to a public office after their personal licenses were granted, and each would be supplied with a copy of the index card of the projected mate, on which would be recorded his or her age, previous marriages, legally important diseases, offspring, domiciles, public appointments, criminal convictions, registered assignments of property, and so forth. Possibly it might be advisable to have a little ceremony for each party, for each in the absence of the other, in which this record could be read over in the presence of witnesses, together with some prescribed form of address of counsel in the matter. There would then be a reasonable interval for consideration and withdrawal on the part of either spouse. In the event of the two people persisting in their resolution, they would after this minimum interval signify as much to the local official and the necessary entry would be made in the registers. These formalities would be quite independent of any religious ceremonial the contracting parties might choose, for with religious belief and procedure the modern State has no concern.

So much for the preliminary conditions of matrimony. For those men and women who chose to ignore these conditions and to achieve any sort of union they liked the State would have no concern, unless offspring were born illegitimately. In that case, as we have already suggested, it would be only reasonable to make the parents chargeable with every duty, with maintenance, education, and so forth, that............