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Marriage
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For other uses, see Marriage (disambiguation).
"Married" and "Matrimony" redirect here. For other uses, see Married (disambiguation) and Matrimony (disambiguation).
"Husband and Wife" redirects here. For the 1953 film, see Husband and Wife (film).
A pair of wedding rings
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Anthropology of kinship
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Endogamy ·
Exogamy ·
Monogamy ·
Polygyny ·
Polygamy ·
Polyandry ·
Bride price ·
Bride service ·
Dowry ·
Parallel / cross cousins ·
Cousin marriage ·
Levirate ·
Ghost marriage ·
Joking relationship ·
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Clan ·
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Descent
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Matrilateral ·
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Avunculate
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Unilineality ·
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Patrilineality
Household forms and residence
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Matrilocal ·
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Same-sex ·
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Non-monogamy ·
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Swedish royal wedding clothes from 1766, Livrustkammaren in Stockholm
Marriage, also called matrimony or wedlock, is a socially or ritually recognized union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws.[1] The definition of marriage varies according to different cultures, but it is principally an institution in which interpersonal relationships, usually sexual, are acknowledged. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. When defined broadly, marriage is considered a cultural universal.
Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Who they marry may be influenced by socially determined rules of incest, prescriptive marriage rules, parental choice and individual desire. In some areas of the world arranged marriage, child marriage, polygamy, and sometimes forced marriage, may be practiced as a cultural tradition. Conversely, such practices may be outlawed and penalized in parts of the world out of concerns for women's rights and because of international law.[2] In developed parts of the world, there has been a general trend towards ensuring equal rights within marriage for women and legally recognizing the marriages of interracial, interfaith, and same-gender couples. Oftentimes, these trends have been motivated by a desire to establish equality and uphold human rights.
Marriage can be recognized by a state, an organization, a religious authority, a tribal group, a local community or peers. It is often viewed as a contract. Civil marriage, which does not exist in some countries, is marriage without religious content carried out by a government institution in accordance with the marriage laws of the jurisdiction, and recognised as creating the rights and obligations intrinsic to matrimony. Marriages can be performed in a secular civil ceremony or in a religious setting via a wedding ceremony. The act of marriage usually creates normative or legal obligations between the individuals involved, and any offspring they may produce. In terms of legal recognition, most sovereign states and other jurisdictions limit marriage to opposite-sex couples and a diminishing number of these permit polygyny, child marriages, and forced marriages. Over the twentieth century, a growing number of countries and other jurisdictions have lifted bans on and have established legal recognition for interracial marriage, interfaith marriage, and most recently, same-sex marriage.[3] Some cultures allow the dissolution of marriage through divorce or annulment. In some areas, child marriages and polygamy may occur in spite of national laws against the practice.
Since the late twentieth century, major social changes in Western countries have led to changes in the demographics of marriage, with the age of first marriage increasing, fewer people marrying, and more couples choosing to cohabit rather than marry. For example, the number of marriages in Europe decreased by 30% from 1975 to 2005.[4] As marriage has become less common, it has, proportionately, become an upper-middle-class and upper-class phenomenon.
Historically, in most cultures, married women had very few rights of their own, being considered, along with the family's children, the property of the husband; as such, they could not own or inherit property, or represent themselves legally (see for example coverture). In Europe, the United States, and other places in the developed world, beginning in the late 19th century and lasting through the 21st century, marriage has undergone gradual legal changes, aimed at improving the rights of the wife. These changes included giving wives legal identities of their own, abolishing the right of husbands to physically discipline their wives, giving wives property rights, liberalizing divorce laws, providing wives with reproductive rights of their own, and requiring a wife's consent when sexual relations occur. These changes have occurred primarily in Western countries. In the 21st century, there continue to be controversies regarding the legal status of married women, legal acceptance of or leniency towards violence within marriage (especially sexual violence), traditional marriage customs such as dowry and bride price, forced marriage, marriageable age, and criminalization of consensual behaviors such as premarital and extramarital sex.
Contents [hide]
1 Etymology
2 Definitions 2.1 Relation recognized by custom or law
2.2 Legitimacy of offspring
2.3 Collection of rights
2.4 Right of sexual access
3 Types of marriage 3.1 Monogamy 3.1.1 Serial monogamy
3.2 Polygamy 3.2.1 Polygyny
3.2.2 Polyandry
3.2.3 Plural marriage
3.3 Child marriage
3.4 Same-sex and third gender marriages
3.5 Temporary marriages
3.6 Cohabitation
4 Partner selection 4.1 Social status
4.2 The incest taboo, exogamy and endogamy
4.3 Prescriptive marriage
4.4 Forced marriage
4.5 Companionate marriage
5 Economic considerations 5.1 Dowry
5.2 Dower
5.3 Bridewealth
5.4 Taxation
6 Post-marital residence
7 Marriage law 7.1 Rights and obligations
7.2 Property regime
7.3 Marriage restrictions 7.3.1 Age
7.3.2 Race
7.3.3 Same-sex marriage recognition
7.3.4 Number of spouses in a marriage
7.4 State recognition 7.4.1 Marriage license, civil ceremony and registration
7.4.2 Common-law marriage
7.4.3 Civil unions
7.4.4 "Marriage of convenience"
7.5 Contemporary legal and human rights criticisms of marriage 7.5.1 Power and gender roles
7.5.2 Sex outside of marriage
7.5.3 Marriage and sexual violence
7.5.4 Marriage laws, human rights and the global status of women
7.5.5 Dowry and bridewealth
7.5.6 Children born outside marriage
7.5.7 Marriage privatization
8 Marriage and religion 8.1 Abrahamic religions 8.1.1 Bahá'í
8.1.2 Christianity 8.1.2.1 Christian attitudes to same-sex marriage
8.1.3 Islam
8.1.4 Judaism
8.2 Hinduism
8.3 Buddhism
8.4 Sikhism
8.5 Wicca
9 Marriage and health
10 Divorce and annulment
11 History of marriage 11.1 Ancient world
11.2 Europe
11.3 China
12 References
13 External links
Etymology
The word "marriage" derives from Middle English mariage, which first appears in 1250–1300 CE. This in turn is derived from Old French marier (to marry) and ultimately Latin marītāre meaning to provide with a husband or wife and marītāri meaning to get married. The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife."[5] The related word "matrimony" derives from the Old French word matremoine which appears around 1300 CE and ultimately derives from Latin mātrimōnium which combines the two concepts mater meaning "mother" and the suffix -monium signifying "action, state, or condition." "[6]
Definitions
Anthropologists have proposed several competing definitions of marriage in an attempt to encompass the wide variety of marital practices observed across cultures.[7] Even within Western culture, "definitions of marriage have careened from one extreme to another and everywhere in between" (as Evan Gerstmann has put it).[8]
Relation recognized by custom or law
In The History of Human Marriage (1922), Edvard Westermarck defined marriage as "a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of the offspring."[9] In The Future of Marriage in Western Civilization (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognized by custom or law".[10]
Legitimacy of offspring
The anthropological handbook Notes and Queries (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners."[11] In recognition of a practice by the Nuer of Sudan allowing women to act as a husband in certain circumstances (the Ghost marriage), Kathleen Gough suggested modifying this to "a woman and one or more other persons."[12]
In an analysis of marriage among the Nayar, a polyandrous society in India, Gough found that the group lacked a husband role in the conventional sense; that unitary role in the west was divided between a non-resident "social father" of the woman's children, and her lovers who were the actual procreators. None of these men had legal rights to the woman's child. This forced Gough to disregard sexual access as a key element of marriage and to define it in terms of legitimacy of offspring alone: marriage is "a relationship established between a woman and one or more other persons, which provides a child born to the woman under circumstances not prohibited by the rules of relationship, is accorded full birth-status rights common to normal members of his society or social stratum."[13]
Economic anthropologist Duran Bell has criticized the legitimacy-based definition on the basis that some societies do not require marriage for legitimacy. He argued that a legitimacy-based definition of marriage is circular in societies where illegitimacy has no other legal or social implications for a child other than the mother being unmarried.[7]
Collection of rights
Edmund Leach criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that marriage be viewed in terms of the different types of rights it serves to establish. In 1955 article in Man, Leach argued that no one definition of marriage applied to all cultures. He offered a list of ten rights associated with marriage, including sexual monopoly and rights with respect to children, with specific rights differing across cultures. Those rights, according to Leach, included:
1."To establish a legal father of a woman's children.
2.To establish a legal mother of a man's children.
3.To give the husband a monopoly in the wife's sexuality.
4.To give the wife a monopoly in the husband's sexuality.
5.To give the husband partial or monopolistic rights to the wife's domestic and other labour services.
6.To give the wife partial or monopolistic rights to the husband's domestic and other labour services.
7.To give the husband partial or total control over property belonging or potentially accruing to the wife.
8.To give the wife partial or total control over property belonging or potentially accruing to the husband.
9.To establish a joint fund of property – a partnership – for the benefit of the children of the marriage.
10.To establish a socially significant 'relationship of affinity' between the husband and his wife's brothers."[14]
Right of sexual access
In a 1997 article in Current Anthropology, Duran Bell describes marriage as "a relationship between one or more men (male or female) in severalty to one or more women that provides those men with a demand-right of sexual access within a domestic group and identifies women who bear the obligation of yielding to the demands of those specific men." In referring to "men in severalty", Bell is referring to corporate kin groups such as lineages which, in having paid brideprice, retain a right in a woman's offspring even if her husband (a lineage member) deceases (Levirate marriage). In referring to "men (male or female)", Bell is referring to women within the lineage who may stand in as the "social fathers" of the wife's children born of other lovers. (See Nuer "Ghost marriage")[7]
Types of marriage
Monogamy
Main article: Monogamy
Monogamy is a form of marriage in which an individual has only one spouse during their lifetime or at any one time (serial monogamy).
Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas found a strong correlation between intensive plough agriculture, dowry and monogamy. This pattern was found in a broad swath of Eurasian societies from Japan to Ireland. The majority of Sub-Saharan African societies that practice extensive hoe agriculture, in contrast, show a correlation between "Bride price," and polygamy.[15] A further study drawing on the Ethnographic Atlas showed a statistical correlation between increasing size of the society, the belief in "high gods" to support human morality, and monogamy.[16]
In the countries which do not permit polygamy, a person who marries in one of those countries a person while still being lawfully married to another commits the crime of bigamy. In all cases, the second marriage is considered legally null and void. Besides the second and subsequent marriages being void, the bigamist is also liable to other penalties, which also vary between jurisdictions.
Serial monogamy
Governments that support monogamy, may allow easy divorce. In a number of Western countries divorce rates approach 50%. Those who remarry do so on average 3 times.[citation needed] Divorce and remarriage can thus result in "serial monogamy", i.e. multiple marriages but only one legal spouse at a time. This can be interpreted as a form of plural mating, as are those societies dominated by female-headed families in the Caribbean, Mauritius and Brazil where there is frequent rotation of unmarried partners. In all, these account for 16 to 24% of the "monogamous" category.[17]
Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, remains an active part of her "ex-husband's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in the British case, serial monogamy creates an "extended family" – a number of households tied together in this way, including mobile children (possible ex's may include an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous nuclear family. As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by a male to whom they are married or divorced.[18]
Polygamy
Main article: Polygamy
Polygamy is a marriage which includes more than two partners.[19] When a man is married to more than one wife at a time, the relationship is called polygyny, and there is no marriage bond between the wives; and when a woman is married to more than one husband at a time, it is called polyandry, and there is no marriage bond between the husbands. If a marriage includes multiple husbands and wives, it can be called group marriage.[19]
A molecular genetic study of global human genetic diversity argued that sexual polygyny was typical of human reproductive patterns until the shift to sedentary farming communities approximately 10,000 to 5,000 years ago in Europe and Asia, and more recently in Africa and the Americas.[20] As noted above, Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas found that the majority of Sub-Saharan African societies that practice extensive hoe agriculture show a correlation between "Bride price," and polygamy.[15] A survey of other cross-cultural samples has confirmed that the absence of the plough was the only predictor of polygamy, although other factors such as high male mortality in warfare (in non-state societies) and pathogen stress (in state societies) had some impact.[21]
Marriages are classified according to the number of legal spouses an individual has. The suffix "-gamy" refers specifically to the number of spouses, as in bi-gamy (two spouses, generally illegal in most nations), and poly-gamy (more than one spouse).
Societies show variable acceptance of polygamy as a cultural ideal and practice. According to the Ethnographic Atlas, of 1,231 societies noted, 186 were monogamous; 453 had occasional polygyny; 588 had more frequent polygyny; and 4 had polyandry.[22] However, as Miriam Zeitzen writes, social tolerance for polygamy is different from the practice of polygamy, since it requires wealth to establish multiple households for multiple wives. The actual practice of polygamy in a tolerant society may actually be low, with the majority of aspirant polygamists practicing monogamous marriage. Tracking the occurrence of polygamy is further complicated in jurisdictions where it has been banned, but continues to be practiced (de facto polygamy).[23]
Zeitzen also notes that Western perceptions of African society and marriage patterns are biased by "contradictory concerns of nostalgia for traditional African culture versus critique of polygamy as oppressive to women or detrimental to development."[23] Polygamy has been condemned as being a form of human rights abuse, with concerns arising over domestic abuse, forced marriage, and neglect. The vast majority of the world's countries, including virtually all of the world's developed nations, do not permit polygamy. There have been calls for the abolition of polygamy in developing countries.
Polygyny
Although a society may be classified as polgynous, not all marriages in it necessarily are; monogamous marriages may in fact predominate. It is to this flexibility that Anthropologist Robin Fox attributes its success as a social support system: "This has often meant – given the imbalance in the sex ratios, the higher male infant mortality, the shorter life span of males, the loss of males in wartime, etc. – that often women were left without financial support from husbands. To correct this condition, females had to be killed at birth, remain single, become prostitutes, or be siphoned off into celibate religious orders. Polygynous systems have the advantage that they can promise, as did the Mormons, a home and family for every woman."[24]
Nonetheless, polygyny is a gender issue which offers men asymmetrical benefits. In some cases, there is a large age discrepancy (as much as a generation) between a man and his youngest wife, compounding the power differential between the two. Tensions not only exist between genders, but also within genders; senior and junior men compete for wives, and senior and junior wives in the same household may experience radically different life conditions, and internal hierarchy. Several studies have suggested that the wive's relationship with other women, including co-wives and husband's female kin, are more critical relationships than that with her husband for her productive, reproductive and personal achievement.[25] In some societies, the co-wives are relatives, usually sisters, a practice called sororal polygyny; the pre-existing relationship between the co-wives is thought to decrease potential tensions within the marriage.[26]
Fox argues that "the major difference between polygyny and monogamy could be stated thus: while plural mating occurs in both systems, under polygyny several unions may be recognized as being legal marriages while under monogamy only one of the unions is so recognized. Often, however, it is difficult to draw a hard and fast line between the two."[27]
As polygamy in Africa is increasingly subject to legal limitations, a variant form of de facto (as opposed to legal or de jure) polygyny is being practised in urban centres. Although it does not involve multiple (now illegal) formal marriages, the domestic and personal arrangements follow old polygynous patterns. The de facto form of polygyny is found in other parts of the world as well (including some Mormon sects and Muslim families in the United States).[28] In some societies such as the Lovedu of South Africa, or the Nuer of the Sudan, aristocratic women may become female 'husbands.' In the Lovedu case, this female husband may take a number of polygamous wives. This is not a lesbian relationship, but a means of legitimately expanding a royal lineage by attaching these wives' children to it. The relationships are considered polygynous, not polyandrous, because the female husband is in fact assuming masculine gendered political roles.[26]
Religious groups have differing views on the legitimacy of polygyny. It is allowed in Islam and Confucianism, though in most areas today it is uncommon.[29][30] Judaism, Christianity and Hinduism have allowed polygyny in the past, but it is prohibited today.[29]
Polyandry
Main articles: Polyandry, Polyandry in Tibet and Polyandry in India
Polyandry is notably more rare than polygyny, though less rare than the figure commonly cited in the Ethnographic Atlas (1980) which listed only those polyandrous societies found in the Himalayan Mountains. More recent studies have found 53 societies outside the 28 found in the Himalayans which practice polyandry.[31] It is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with partible paternity, the cultural belief that a child can have more than one father.[32]
The explanation for polyandry in the Himalayan Mountains is related to the scarcity of land; the marriage of all brothers in a family to the same wife (fraternal polyandry) allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this was prevented through the social practice of impartible inheritance (the dis-inheriting of most siblings, some of whom went on to become celibate monks and priests).[33]
Plural marriage
Group marriage (also known as multi-lateral marriage) is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share parental responsibility for any children arising from the marriage.[34] No country legally condones group marriages, neither under the law nor as a common law marriage, but historically it has been practiced by some cultures of Polynesia, Asia, Papua New Guinea and the Americas – as well as in some intentional communities and alternative subcultures such as the Oneida Perfectionists in up-state New York. Of the 250 societies reported by the American anthropologist George P. Murdock in 1949, only the Caingang of Brazil had any group marriages at all.[35]
Child marriage
Main article: Child marriage
A child marriage is a marriage where one or both spouses are under the age of 18.[36][37] It is related to child betrothal and teenage pregnancy. Child marriage was common throughout history but is today condemned by international human rights organizations.[38][39][40] Child marriages are often arranged between the families of the future bride and groom, sometimes as soon as the girl is born.[38] Child marriages can also occur in the context of marriage by abduction.[38]
While child marriage is observed for both boys and girls, the overwhelming majority of child spouses are girls.[41] In many cases, only one marriage-partner is a child, usually the female, due to the importance placed upon female virginity.[38] Causes of child marriage include poverty, bride price, dowry, laws that allow child marriages, religious and social pressures, regional customs, fear of remaining unmarried, and perceived inability of women to work for money.
Today, child marriages are widespread in parts of the world; being most common in South Asia and sub-Saharan Africa, with more than half of the girls in some countries in those regions being married before 18.[38] The incidence of child marriage has been falling in most parts of the world. In developed countries child marriage is outlawed or restricted.
Girls who marry before 18 are at greater risk of becoming victims of domestic violence, than those who marry later, especially when they are married to a much older man.[40]
Same-sex and third gender marriages
Main articles: Same-sex marriage and History of same-sex unions
As noted above, several kinds of same gendered, non-sexual marriages exist in some lineage based societies; this section relates to same gendered sexual unions. However, some cultures include third gender (two-spirited or transgendered) individuals, such as the berdache of the Zuni in New Mexico; is the marriage between a berdache and a man a "same sex marriage"? We'wha, one of the most revered Zuni elders (an Ihamana, spiritual leader) served as an emissary of the Zuni to Washington, where he met President Grover Cleveland. We'wha had a husband who was generally recognized as such.[42]
While it is a relatively new practice to grant same-sex couples the same form of legal marital recognition as commonly granted to mixed-sex couples, there is some history of recorded same-sex unions around the world.[43][44] Ancient Greek same-sex relationships were like modern companionate marriages, unlike their different-sex marriages in which the spouses had few emotional ties, and the husband had freedom to engage in outside sexual liaisons. The Theodosian Code (C. Th. 9.7.3) issued in 438 CE imposed severe penalties or death on same-sex relationships[45] but the exact intent of the law and its relation to social practice is unclear, as only a few examples of same-sex marriage in that culture exist.[46] Same-sex unions were celebrated in some regions of China, such as Fujian.[47]
Temporary marriages
Several cultures have practiced temporary and conditional marriages. Examples include the Celtic practice of handfasting and fixed-term marriages in the Muslim community. Pre-Islamic Arabs practiced a form of temporary marriage that carries on today in the practice of Nikah Mut'ah, a fixed-term marriage contract. The Islamic prophet Muhammad sanctioned a temporary marriage – sigheh in Iran and muta'a in Iraq – which can provide a legitimizing cover for sex workers.[48] The same forms of temporary marriage have been used in Egypt, Lebanon and Iran to make the donation of a human ova legal for in vitro fertilization; a woman cannot, however, use this kind of marriage to obtain a sperm donation.[49] Muslim controversies related to Nikah Mut'ah have resulted in the practice being confined mostly to Shi'ite communities. The matrilineal Mosuo of China practice what they call "walking marriage".
Cohabitation
See also: Cohabitation and Common law marriage
In some jurisdictions cohabitation, in certain circumstances, may constitute a common-law marriage, an unregistered partnership, or otherwise provide the unmarried partners with various rights and responsibilities; and in some countries the laws recognize cohabitation in lieu of institutional marriage for taxation and social security benefits. This is the case, for example, in Australia.[50] Cohabitation may be an option pursued as a form of resistance to traditional institutionalized marriage. However, in this context, some nations reserve the right to define the relationship as marital, or otherwise to regulate the relation, even if the relation has not been registered with the state or a religious institution.[51]
Conversely, institutionalized marriages may not involve cohabitation. In some cases couples living together do not wish to be recognized as married. This may occur because pension or alimony rights are adversely affected; because of taxation considerations; because of immigration issues, or for other reasons. Such marriages have also been increasingly common in Beijing. Guo Jianmei, director of the center for women's studies at Beijing University, told a Newsday correspondent, "Walking marriages reflect sweeping changes in Chinese society." A "walking marriage" refers to a type of temporary marriage formed by the Mosuo of China, in which male partners live elsewhere and make nightly visits.[52] A similar arrangement in Saudi Arabia, called misyar marriage, also involves the husband and wife living separately but meeting regularly.[53]
Partner selection
There is wide cross-cultural variation in the social rules governing the selection of a partner for marriage. There is variation in the degree to which partner selection is an individual decision by the partners or a collective decision by the partners' kin groups, and there is variation in the rules regulating which partners are valid choices.
The United Nations World Fertility Report of 2003 reports that 89% of all people get married before age forty-nine.[54] The percent of women and men who marry before age forty-nine drops to nearly 50% in some nations and reaches 100% in other nations.[55]
In other cultures with less strict rules governing the groups from which a partner can be chosen the selection of a marriage partner may involve either the couple going through a selection process of courtship or the marriage may be arranged by the couple's parents or an outside party, a matchmaker.
Social status
Some people want to marry a person with higher or lower status than them. Others want to marry people who have similar status. In many societies women marry men who are of higher social status.[56] There are marriages where each party has sought a partner of similar status. There are other marriages in which the man is older than the woman.[57]
The incest taboo, exogamy and endogamy
Further information: Cousin marriage, Affinity (canon law), and Avunculate marriage
Societies have often placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. Marriages between parents and children, or between full siblings, with few exceptions,[58][59][60][61][62][63][64][65] have been considered incest and forbidden. However, marriages between more distant relatives have been much more common, with one estimate being that 80% of all marriages in history have been between second cousins or closer.[66] This proportion has fallen dramatically, but still more than 10% of all marriages are believed to be between first and second cousins.[67] In the United States, such marriages are now highly stigmatized, and laws ban most or all first-cousin marriage in 30 states. Specifics vary: in South Korea, historically it was illegal to marry someone with the same last name and same ancestral line.[68]
An Avunculate marriage is a marriage that occurs between an uncle and his niece or between an aunt and her nephew. Such marriages are illegal in most countries due to incest restrictions. However a small number of countries have legalized it, including Argentina, Australia, Austria, Malaysia,[69] and Russia.[70]
Family chart showing relatives who, in Islamic Sharia law, would be considered mahrim (or maharem): unmarriageable kin with whom sexual intercourse would be considered incestuous.
In various societies the choice of partner is often limited to suitable persons from specific social groups. In some societies the rule is that a partner is selected from an individual's own social group – endogamy, this is often the case in class and caste based societies. But in other societies a partner must be chosen from a different group than one's own – exogamy, this may be the case in societies practicing totemic religion where society is divided into several exogamous totemic clans, such as most Aboriginal Australian societies. In other societies a person is expected to marry their cross-cousin, a woman must marry her father's sister's son and a man must marry his mother's brother's daughter – this is often the case if either a society has a rule of tracing kinship exclusively through patrilineal or matrilineal descent groups as among the Akan people of West Africa. Another kind of marriage selection is the levirate marriage in which widows are obligated to marry their husband's brother, mostly found in societies where kinship is based on endogamous clan groups.
Religion has commonly weighed in on the matter of which relatives, if any, are allowed to marry. Relations may be by consanguinity or affinity, meaning by blood or by marriage. On the marriage of cousins, Catholic policy has evolved from initial acceptance, through a long period of general prohibition, to the contemporary requirement for a dispensation.[71] Islam has always allowed it, while Hindu strictures vary widely.[72][73]
Prescriptive marriage
Main article: Arranged marriage
An arranged marriage between Louis XIV of France and Maria Theresa of Spain.
In a wide array of lineage-based societies with a classificatory kinship system, potential spouses are sought from a specific class of relative as determined by a prescriptive marriage rule. This rule may be expressed by anthropologists using a "descriptive" kinship term, such as a "man's mother's brother's daughter" (also known as a "cross-cousin"). Such descriptive rules mask the participant's perspective: a man should marry a woman from his mother's lineage. Within the society's kinship terminology, such relatives are usually indicated by a specific term which sets them apart as potentially marriageable. Pierre Bourdieu notes, however, that very few marriages ever follow the rule, and that when they do so, it is for "practical kinship" reasons such as the preservation of family property, rather than the "official kinship" ideology.[74]
Insofar as regular marriages following prescriptive rules occur, lineages are linked together in fixed relationships; these ties between lineages may form political alliances in kinship dominated societies.[75] French structural anthropologist Claude Lévi-Strauss developed alliance theory to account for the "elementary" kinship structures created by the limited number of prescriptive marriage rules possible.[76]
A pragmatic (or 'arranged') marriage is made easier by formal procedures of family or group politics. A responsible authority sets up or encourages the marriage; they may, indeed, engage a professional matchmaker to find a suitable spouse for an unmarried person. The authority figure could be parents, family, a religious official, or a group consensus. In some cases, the authority figure may choose a match for purposes other than marital harmony.[citation needed]
Forced marriage
Main article: Forced marriage
Criticism about the Azeri society tradition from domestic violence to the social and political participation of women in the community
A forced marriage is a marriage in which one or both of the parties is married against their will. Forced marriages continue to be practiced in parts of the world, especially in South Asia and Africa. The line between forced marriage and consensual marriage may become blurred, because the social norms of these cultures dictate that one should never oppose the desire of one's parents/relatives in regard to the choice of a spouse; in such cultures it is not necessary for violence, threats, intimidation etc. to occur, the person simply "consents" to the marriage even if he/she doesn't want it, out of the implied social pressure and duty. The customs of bride price and dowry, that exist in parts of the world, can lead to buying and selling people into marriage.[77][78]
In some societies, ranging from Central Asia to the Caucasus to Africa, the custom of bride kidnapping still exists, in which a woman is captured by a man and his friends. Sometimes this covers an elopement, but sometimes it depends on sexual violence. In previous times, raptio was a larger-scale version of this, with groups of women captured by groups of men, sometimes in war; the most famous example is The Rape of the Sabine Women, which provided the first citizens of Rome with their wives.
Other marriage partners are more or less imposed on an individual. For example, widow inheritance provides a widow with another man from her late husband's brothers.
In rural areas of India, child marriage is practiced, with parents often arranging the wedding, sometimes even before the child is born.[79] This practice was made illegal under the Child Marriage Restraint Act of 1929.
Companionate marriage
Main article: Love marriage
Eva Illouz argues that the 'love' (companionate) marriage emerged at the same time as the rise of capitalism in European and American society. 'Love' is not the raw emotion that Western representations make it out to be, but a cultural construction shaped by the social and economic conditions of modern industrial society. Industrialization weakened the ties between extended families, and made the nuclear family the norm. In this view, love is a culturally constructed label for physiological arousal that is shrouded in cultural symbols that situate the emerging relationship within a particular set of cultural expectations – one of which leads to marriage as an institution. These cultural expectations are shaped by a number of cultural industries, such as advertising, film and television, and the 'wedding industry'.[80] Until the turn of the twentieth century, marriage was viewed as one of the most important financial decisions of one's life, determined in large part by property transfers such as dowry (or dower), and romantic love was viewed as disruptive of the rational economic decision making needed. Under the development of capitalism, this changed:
Romantic love, then, precedes capitalism per se but articulates two leitmotifs that will later resonate with capitalism's central ideological themes. One concerns the sovereignty of the individual vis à vis the group, such sovereignty being affirmed in illicit sexual choices and in the lovers' refusal to conform to the rules of endogamy set by the group. The other concerns the distinction central to bourgeois ideology between interest and sentiments, selfishness and selflessness, embodied respectively in the public and private spheres. In this division, romantic love asserts the privilege of sentiments over social and economic interests, of gratuity over profit, of abundance over the deprivations caused by accumulation. In proclaiming the supremacy of human relationships governed by the disinterested gift of oneself, love not only celebrates the fusion of individual souls and bodies but also opens the possibility of an alternative social order. Love thus projects an aura of transgression and both promises and demands a better world.[81]
Economic considerations
See also: Economics of marriage and Family economics
The financial aspects of marriage vary between cultures and have changed over time.
In some cultures, dowries and bridewealth continue to be required today. In both cases, the financial arrangements are usually made between the groom (or his family) and the bride's family; with the bride often not being involved in the negotiations, and often not having a choice in whether to participate in the marriage.
In Early Modern Britain, the social status of the couple was supposed to be equal. After the marriage, all the property (called "fortune") and expected inheritances of the wife belonged to the husband.
Dowry
Main article: Dowry
A dowry is "a process whereby parental property is distributed to a daughter at her marriage (i.e. inter vivos) rather than at the holder's death (mortis causa)… A dowry establishes some variety of conjugal fund, the nature of which may vary widely. This fund ensures her support (or endowment) in widowhood and eventually goes to provide for her sons and daughters."[82]
In some cultures, especially in South Asia, in countries such as India, Bangladesh, Pakistan, Sri Lanka and Nepal, dowries continue to be expected. In India, nearly 7,000 women were killed in 2001 over dowries,[83] and activists believe that figures represent a third of the actual number of such murders.[84] Dowry related violence is a problem in several places (see dowry deaths), and, in response to violent incidents regarding the practice, several jurisdictions have enacted laws restricting or banning dowry (see Dowry law in India). In Nepal, dowry has been made illegal in 2009.[85] Some authors believe that the giving and receiving of dowry reflects the status and even the effort to climb high in social hierarchy.[86]
Dower
Main articles: Bride price and Dower
Direct Dowry contrasts with bridewealth, which is paid by the groom or his family to the bride's parents, and with indirect dowry (or dower), which is property given to the bride herself by the groom at the time of marriage and which remains under her ownership and control.[87]
In the Jewish tradition, the rabbis in ancient times insisted on the marriage couple entering into a prenuptial agreement, called a ketubah. Besides other things, the ketubah provided for an amount to be paid by the husband in the event of a divorce or his estate in the event of his death. This amount was a replacement of the biblical dower or bride price, which was payable at the time of the marriage by the groom to the father of the bride.[citation needed] [Exodus 22:15–16] This innovation was put in place because the biblical bride price created a major social problem: many young prospective husbands could not raise the bride price at the time when they would normally be expected to marry. So, to enable these young men to marry, the rabbis, in effect, delayed the time that the amount would be payable, when they would be more likely to have the sum. It may also be noted that both the dower and the ketubah amounts served the same purpose: the protection for the wife should her support cease, either by death or divorce. The only difference between the two systems was the timing of the payment. It is the predecessor to the wife's present-day entitlement to maintenance in the event of the breakup of marriage, and family maintenance in the event of the husband not providing adequately for the wife in his will. Another function performed by the ketubah amount was to provide a disincentive for the husband contemplating divorcing his wife: he would need to have the amount to be able to pay to the wife.
Morning gifts, which might also be arranged by the bride's father rather than the bride, are given to the bride herself; the name derives from the Germanic tribal custom of giving them the morning after the wedding night. She might have control of this morning gift during the lifetime of her husband, but is entitled to it when widowed. If the amount of her inheritance is settled by law rather than agreement, it may be called dower. Depending on legal systems and the exact arrangement, she may not be entitled to dispose of it after her death, and may lose the property if she remarries. Morning gifts were preserved for centuries in morganatic marriage, a union where the wife's inferior social status was held to prohibit her children from inheriting a noble's titles or estates. In this case, the morning gift would support the wife and children. Another legal provision for widowhood was jointure, in which property, often land, would be held in joint tenancy, so that it would automatically go to the widow on her husband's death.
Islamic tradition has similar practices. A 'mahr', either immediate or deferred, is the woman's portion of the groom's wealth (divorce) or estate (death). These amounts are usually set on the basis of the groom's own and family wealth and incomes, but in some parts these are set very high so as to provide a disincentive for the groom exercising the divorce, or the husband's family 'inheriting' a large portion of the estate, especially if there are no male offspring from the marriage. In some countries, including Iran, the mahr or alimony can amount to more than a man can ever hope to earn, sometimes up to US$1,000,000 (4000 official Iranian gold coins). If the husband cannot pay the mahr, either in case of a divorce or on demand, according to the current laws in Iran, he will have to pay it by installments. Failure to pay the mahr might even lead to imprisonment.[88]
Bridewealth
Main article: Bride price
Traditional, formal presentation of the bridewealth (also known as "sin sot") at an engagement ceremony in Thailand
Bridewealth is a common practice in parts of South-East Asia (Thailand, Cambodia), parts of Central Asia, and in much of sub-Saharan Africa. It is also known as brideprice although this has fallen in disfavor as it implies the purchase of the bride. Bridewealth is the amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom. In anthropological literature, bride price has often been explained as payment made to compensate the bride's family for the loss of her labor and fertility. In some cases, bridewealth is a means by which the groom's family's ties to the children of the union are recognized.
Taxation
In some countries a married person or couple benefits from various taxation advantages not available to a single person. For example, spouses may be allowed to average their combined incomes. This is advantageous to a married couple with disparate incomes. To compensate for this, countries may provide a higher tax bracket for the averaged income of a married couple. While income averaging might still benefit a married couple with a stay-at-home spouse, such averaging would cause a married couple with roughly equal personal incomes to pay more total tax than they would as two single persons. In the United States, this is called the marriage penalty.[citation needed]
When the rates applied by the tax code are not based income averaging, but rather on the sum of individuals' incomes, higher rates will usually apply to each individual in a two-earner households in a progressive tax systems. This is most often the case with high-income taxpayers and is another situation called a marriage penalty.[citation needed]
Conversely, when progressive tax is levied on the individual with no consideration for the partnership, dual-income couples fare much better than single-income couples with similar household incomes. The effect can be increased when the welfare system treats the same income as a shared income thereby denying welfare access to the non-earning spouse. Such systems apply in Australia and Canada, for example.[citation needed]
Post-marital residence
In many Western cultures, marriage usually leads to the formation of a new household comprising the married couple, with the married couple living together in the same home, often sharing the same bed, but in some other cultures this is not the tradition.[89] Among the Minangkabau of West Sumatra, residency after marriage is matrilocal, with the husband moving into the household of his wife's mother.[90] Residency after marriage can also be patrilocal or avunculocal. In these cases, married couples may not form an independent household, but remain part of an extended family household.
Early theories explaining the determinants of postmarital residence[91] connected it with the sexual division of labor. However, to date, cross-cultural tests of this hypothesis using worldwide samples have failed to find any significant relationship between these two variables. However, Korotayev's tests show that the female contribution to subsistence does correlate significantly with matrilocal residence in general. However, this correlation is masked by a general polygyny factor.
Although an increase in the female contribution to subsistence tends to lead to matrilocal residence, it also tends simultaneously to lead to general non-sororal polygyny which effectively destroys matrilocality. If this polygyny factor is controlled (e.g., through a multiple regression model), division of labor turns out to be a significant predictor of postmarital residence. Thus, Murdock's hypotheses regarding the relationships between the sexual division of labor and postmarital residence were basically correct, though[92] the actual relationships between those two groups of variables are more complicated than he expected.[93][94]
There has been a trend toward the neolocal residence in western societies.[95]
Marriage law
Family law
Family
Marriage and other
equivalent or similar unions and status
Marriage ·
Types of marriages
Prenuptial agreement ·
Cohabitation
Civil union ·
Domestic partnership
Validity of marriages
Void and Voidable marriages ·
Annulment
Dissolution of marriages
Divorce ·
Adultery ·
Grounds for divorce ·
Matrimonial Causes Act ·
Legal separation ·
Alimony ·
Parenting plan ·
Residence (UK (E.W. and NI))
Parental rights ·
Custody Evaluator (U.S.) ·
Parenting coordinator (U.S.)
Other issues
Paternity ·
Legitimacy ·
Child custody
Legal guardian ·
Adoption ·
Child support
Contact & Visitation
CAFCASS (UK (E.W.))
Grandparent visitation
U.N. Rights of the Child ·
Children's rights
Emancipation ·
Foster care ·
Ward
Parental child abduction
Private international law
Private international law ·
Divorce ·
Marriage ·
Hague Convention (adoption) ·
International child abduction
Hague Convention (child abduction)
The Family and the Criminal Code
(or Criminal Law)
Paternity fraud ·
Bigamy
CPS (U.S.) ·
Child abuse
Domestic violence ·
Incest ·
Child-selling
v ·
t ·
e
Main article: Marriage law
Marriage laws refer to the legal requirements which determine the validity of a marriage, which vary considerably between countries.
Rights and obligations
See also: Matrimonial regime and Rights and responsibilities of marriages in the United States
A marriage bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties (in-laws). These may include, depending on jurisdiction:
Giving a husband/wife or his/her family control over a spouse's sexual services, labor, and property.
Giving a husband/wife responsibility for a spouse's debts.
Giving a husband/wife visitation rights when his/her spouse is incarcerated or hospitalized.
Giving a husband/wife control over his/her spouse's affairs when the spouse is incapacitated.
Establishing the second legal guardian of a parent's child.
Establishing a joint fund of property for the benefit of children.
Establishing a relationship between the families of the spouses.
These rights and obligations vary considerably between societies, and between groups within society.[96] These might include arranged marriages, family obligations, the legal establishment of a nuclear family unit, the legal protection of children and public declaration of commitment.[97][98]
Property regime
In many countries today, each marriage partner has the choice of keeping his or her property separate or combining properties. In the latter case, called community property, when the marriage ends by divorce each owns half. In lieu of a will or trust, property owned by the deceased generally is inherited by the surviving spouse.
In some legal systems, the partners in a marriage are "jointly liable" for the debts of the marriage. This has a basis in a traditional legal notion called the "Doctrine of Necessities" whereby a husband was responsible to provide necessary things for his wife. Where this is the case, one partner may be sued to collect a debt for which they did not expressly contract. Critics of this practice note that debt collection agencies can abuse this by claiming an unreasonably wide range of debts to be expenses of the marriage. The cost of defense and the burden of proof is then placed on the non-contracting party to prove that the expense is not a debt of the family. The respective maintenance obligations, both during and eventually after a marriage, are regulated in most jurisdictions; alimony is one such method.
Marriage restrictions
Marriage is an institution that is historically filled with restrictions. From age, to race, to social status, to consanguinity, to gender, restrictions are placed on marriage by society for reasons of benefiting the children, passing on healthy genes, maintaining cultural values, or because of prejudice and fear. Almost all cultures that recognize marriage also recognize adultery as a violation of the terms of marriage.[99]
Age
Most jurisdictions set a minimum age for marriage, that is, a person must attain a certain age to be legally allowed to marry. This age may depend on circumstances, for instance exceptions from the general rule may be permitted if the parents of a young person express their consent and/or if a court decides that said marriage is in the best interest of the young person (often this applies in cases where a girl is pregnant). Although most age restrictions are in place in order to prevent children from being forced into marriages, especially to much older partners – marriages which can have negative education and health related consequences, and lead to child sexual abuse and other forms of violence[100] – such child marriages remain common in parts of the world. According to the UN, child marriages are most common in rural sub-Saharan Africa and South Asia. The ten countries with the highest rates of child marriage are: Niger (75%), Chad, Central African Republic, Bangladesh, Guinea, Mozambique, Mali, Burkina Faso, South Sudan, and Malawi.[101]
Race
U.S States, by the date of repeal of anti-miscegenation laws:
No laws passed
Repealed before 1887
Repealed between 1948 to 1967
Overturned on 12 June 1967
Main article: Interracial marriage
Laws banning "race-mixing" were enforced in certain North American jurisdictions from 1691[102] until 1967, in Nazi Germany (The Nuremberg Laws) from 1935 until 1945, and in South Africa during most part of the Apartheid era (1949–1985). All these laws primarily banned marriage between persons of different racially or ethnically defined groups, which was termed "amalgamation" or "miscegenation" in the U.S. The laws in Nazi Germany and many of the U.S. states, as well as South Africa, also banned sexual relations between such individuals.
In the United States, laws in some but not all of the states prohibited the marriage of whites and blacks, and in many states also the intermarriage of whites with Native Americans or Asians.[103] In the U.S., such laws were known as anti-miscegenation laws. From 1913 until 1948, 30 out of the then 48 states enforced such laws.[104] Although an "Anti-Miscegenation Amendment" to the United States Constitution was proposed in 1871, in 1912–1913, and in 1928,[105][106] no nation-wide law against racially mixed marriages was ever enacted. In 1967, the United States Supreme Court unanimously ruled in Loving v. Virginia that anti-miscegenation laws are unconstitutional. With this ruling, these laws were no longer in effect in the remaining 16 states that still had them.
The Nazi ban on interracial marriage and interracial sex was enacted in September 1935 as part of the Nuremberg Laws, the Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre (The Law for the Protection of German Blood and German Honour). The Nuremberg Laws classified Jews as a race, and forbade marriage and extramarital sexual relations at first with people of Jewish descent, but was later ended to the "Gypsies, Negroes or their bastard offspring" and people of "German or related blood".[107] Such relations was marked as Rassenschande (lit. "race-disgrace") and could be punished by imprisonment (usually followed by deportation to a concentration camp) and even by death.
South Africa under apartheid also banned interracial marriage. The Prohibition of Mixed Marriages Act of 1949 prohibited marriage between persons of different races, and the Immorality Act of 1950 made sexual relations with a person of a different race a criminal offence.
Same-sex marriage recognition
Marriage open to same-sex couples (ring = individual cases)1
Recognized when performed in certain other jurisdictions (ring = individual cases)
Government/court announced intention to recognize
Federal recognition of marriages at the state level
Civil unions
Unregistered cohabitation1
Same-sex unions not legally recognized
(Colors higher in the list override those lower down.)
1Includes laws that haven't gone into effect.
Main article: Same-sex marriage
The first laws in modern times recognizing same-sex marriage were enacted during the first decade of the 21st century. As of March 2015, seventeen countries (Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Luxembourg, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, the United Kingdom and Uruguay) and several sub-national jurisdictions (parts of Mexico and a majority of the U.S. states) allow same-sex couples to marry. Finland has enacted a law to legalize same-sex marriage which will come into force in March 2017. Bills allowing legal recognition of same-sex marriage have been proposed, are pending, or have passed at least one legislative house in Austria, Australia, Chile, Germany, Ireland, Slovenia, Switzerland, Taiwan and Venezuela, as well as in the legislatures of several sub-national jurisdictions (parts of Australia, Mexico, and the United States).
Introduction of same-sex marriage laws has varied by jurisdiction, being variously accomplished through a legislative change to marriage laws, a court ruling based on constitutional guarantees of equality, or by direct popular vote (via a ballot initiative or a referendum). The recognition of same-sex marriage is a political, social, civil rights and religious issue in many nations, and debates continue to arise over whether same-sex couples should be allowed marriage, be required to hold a different status (a civil union), or be denied recognition of such rights. Allowing same-gender couples to legally marry is considered to be one of the most important of all LGBT rights. It is a relatively new practice that same-sex couples are being granted the same form of legal marital recognition available to mixed-sexed couples. In the United States, the 1996 Defense of Marriage Act (DOMA) explicitly defined marriage for the purposes of federal law as between a man and a woman and allowed states to ignore same-sex marriages from other states.[108][109] Section 3 of the law was struck down in United States v. Windsor (2013) which prevented the Federal Government form recognizing same-sex marriage. Section 2, which allows states to not recognize same-sex marriage in other states is still in effect.[110] As of June 2013, thirty-six US states currently define marriage as between a man and a woman.[111] Three of those states have statutory language that pre-dates DOMA (enacted before 1996) defining marriage as such. Thirty states have defined marriage in their constitutions. Arizona defeated a constitutional amendment defining marriage as only between a man and a woman (2006), but it subsequently passed one in 2008.[112] In 2012, Minnesota defeated a similar amendment, and enacted legislation to legalize same-sex marriages in May 2013.[113]
Number of spouses in a marriage
Polygamy permitted and practiced
Legal status unknown or ambiguous
Polygamy generally illegal, but practice not fully criminalised
Polygamy fully outlawed/abolished and practice fully criminalised
Notes: 1India, Singapore, and Sri Lanka: illegal in all forms, except for Muslims.
2Federal Eritrea: law bans polygamous marriage but certain countries and regions with Sharia allow it. Muslims only may legally contract polygamous marriages.
3Mauritius: polygamous unions are not legally recognized. Muslim men may "marry" up to four women, who do not however enjoy the legal status of wives.
Main article: Legal status of polygamy
Polygyny is widely practiced in mostly Muslim and African countries.[114][115] In the Middle Eastern region, Israel, Turkey and Tunisia are notable exceptions.[116]
In most other jurisdictions, polygamy is illegal. For example, In the United States, polygamy is illegal in all 50 states.[117]
Over a century ago, citizens of the self-governing territory of what is present-day Utah were forced by the United States federal government to abandon the practice of polygamy through the vigorous enforcement of several Acts of Congress and eventually complied. The Church of Jesus Christ of Latter-day Saints formally abolished the practice in 1890, in a document labeled 'The Manifesto'.[118] Among American Muslims, a small minority of around 50,000 to 100,000 people are estimated to live in families with a husband maintaining an illegal polygamous relationship.[117]
Several countries such as India and Sri Lanka,[119] permit only their Islamic citizens to practice polygny. Some Indians have converted to Islam in order to bypass such legal restrictions.[120] Predominantly Christian nations usually do not allow polygamous unions, with a handful of exceptions being the Republic of the Congo, Uganda, and Zambia. Myanmar (frequently referred to as Burma) is also the only predominately Buddhist nation to allow for civil polygynous marriages, though such is rarely tolerated by the Burmese population.[121]
State recognition
In various jurisdictions, a civil marriage may take place as part of the religious marriage ceremony, although they are theoretically distinct. Some jurisdictions allow civil marriages in circumstances which are notably not allowed by particular religions, such as same-sex marriages or civil unions.
The opposite case may happen as well. Partners may not have full juridical acting capacity and churches may have less strict limits than the civil jurisdictions. This particularly applies to minimum age, or physical infirmities.[citation needed][clarification needed]
It is possible for two people to be recognised as married by a religious or other institution, but not by the state, and hence without the legal rights and obligations of marriage; or to have a civil marriage deemed invalid and sinful by a religion. Similarly, a couple may remain married in religious eyes after a civil divorce.
Marriage license, civil ceremony and registration
Main article: Wedding
Couple married in a Shinto ceremony in Takayama, Gifu prefecture.
A marriage is usually formalized at a wedding or marriage ceremony. The ceremony may be officiated either by a religious official, by a government official or by a state approved celebrant. In various European and some Latin American countries, any religious ceremony must be held separately from the required civil ceremony. Some countries – such as Belgium, Bulgaria, France, the Netherlands, Romania and Turkey[122] – require that a civil ceremony take place before any religious one. In some countries – notably the United States, Canada, the United Kingdom, the Republic of Ireland, Norway and Spain – both ceremonies can be held together; the officiant at the religious and civil ceremony also serving as agent of the state to perform the civil ceremony. To avoid any implication that the state is "recognizing" a religious marriage (which is prohibited in some countries) – the "civil" ceremony is said to be taking place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If the civil element of the religious ceremony is omitted, the marriage ceremony is not recognized as a marriage by government under the law.
Some countries, such as Australia, permit marriages to be held in private and at any location; others, including England and Wales, require that the civil ceremony be conducted in a place open to the public and specially sanctioned by law for the purpose. In England, the place of marriage formerly had to be a church or register office, but this was extended to any public venue with the necessary licence. An exception can be made in the case of marriage by special emergency license (UK: licence), which is normally granted only when one of the parties is terminally ill. Rules about where and when persons can marry vary from place to place. Some regulations require one of the parties to reside within the jurisdiction of the register office (formerly parish).
Each religious authority has rules for the manner in which marriages are to be conducted by their officials and members. Where religious marriages are recognised by the state, the officiator must also conform with the law of the jurisdiction.
Common-law marriage
See also: Common-law marriage
In a small number of jurisdictions marriage relationships may be created by the operation of the law alone.[citation needed] Unlike the typical ceremonial marriage with legal contract, wedding ceremony, and other details, a common-law marriage may be called "marriage by habit and repute (cohabitation)." A de facto common-law marriage without a license or ceremony is legally binding in some jurisdictions but has no legal consequence in others.[123]
Civil unions
Various advocates of same-sex marriage, such as this protester at a demonstration in New York City against California Proposition 8, consider civil unions an inferior alternative to legal recognition of same-sex marriage.[124]
Main article: Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in several countries in order to provide same-sex couples rights, benefits, and responsibilities similar (in some countries, identical) to opposite-sex civil marriage. In some jurisdictions, such as Brazil, New Zealand, Uruguay, Ecuador, France and the U.S. states of Hawaii and Illinois, civil unions are also open to opposite-sex couples.
"Marriage of convenience"
Sometimes people marry to take advantage of a certain situation, sometimes called a marriage of convenience or a sham marriage. For example, according to one publisher of information about "green card" marriages, "Every year over 450,000 United States citizens marry foreign-born individuals and petition for them to obtain a permanent residency (Green Card) in the United States." While this is likely an overestimate, in 2003 alone 184,741 immigrants were admitted to the U.S. as spouses of U.S. citizens.[125] More were admitted as fiancés of US citizens for the purpose of being married within 90 days. Regardless of the number of people entering the US to marry a US citizen, it does not indicate the number of these marriages that are convenience marriages, which number could include some of those with the motive of obtaining permanent residency, but also include people who are US citizens. One example would be to obtain an inheritance that has a marriage clause. Another example would be to save money on health insurance or to enter a health plan with preexisting conditions offered by the new spouse's employer. Other situations exist, and, in fact, all marriages have a complex combination of conveniences motivating the parties to marry. A marriage of convenience is one that is devoid of normal reasons to marry. In certain countries like Singapore sham marriages like these are punishable criminal offences.[126]
Contemporary legal and human rights criticisms of marriage
"Esposas de Matrimonio" ("Wedding Cuffs"), a wedding ring sculpture expressing the criticism of marriages' effects on individual liberty. Esposas is a play on Spanish, in which the singular form of the word esposa refers to a spouse, and the plural refers to handcuffs.
Main article: Criticism of marriage
People have proposed arguments against marriage for reasons that include political, philosophical and religious criticisms; concerns about the divorce rate; individual liberty and gender equality; questioning the necessity of having a personal relationship sanctioned by government or religious authorities; or the promotion of celibacy for religious or philosophical reasons.
Power and gender roles
Feminist theory approaches opposite-sex marriage as an institution traditionally rooted in patriarchy that promotes male superiority and power over women. This power dynamic conceptualizes men as "the provider operating in the public sphere" and women as "the caregivers operating within the private sphere".[127] "Theoretically, women ... [were] defined as the property of their husbands .... The adultery of a woman was always treated with more severity than that of a man."[128] "[F]eminist demands for a wife's control over her own property were not met [in parts of Britain] until ... [laws were passed in the late 19th century]."[129]
Traditional marriage imposed an obligation of the wife to be sexually available for her husband and an obligation of the husband to provide material/financial support for the wife. Numerous philosophers, feminists and other academic figures have commented on this throughout history, condemning the hypocrisy of legal and religious authorities in regard to sexual issues; pointing to the lack of choice of a woman in regard to controlling her own sexuality; and drawing parallels between marriage, an institution promoted as sacred, and prostitution, widely condemned and vilified (though often tolerated as a "necessary evil"). Mary Wollstonecraft, in the 18th century, described marriage as "legal prostitution".[130] Emma Goldman wrote in 1910: "To the moralist prostitution does not consist so much in the fact that the woman sells her body, but rather that she sells it out of wedlock".[131] Bertrand Russell in his book Marriage and Morals wrote that:"Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution."[132] Angela Carter in Nights at the Circus wrote: "What is marriage but prostitution to one man instead of many?"[133]
Some critics object to what they see as propaganda in relation to marriage – from the government, religious organizations, the media – which aggressively promote marriage as a solution for all social problems; such propaganda includes, for instance, marriage promotion in schools, where children, especially girls, are bombarded with positive information about marriage, being presented only with the information prepared by authorities.[134][135]
The performance of dominant gender roles by men and submissive gender roles by women influence the power dynamic of a marriage.[136] In some American households, women internalize gender role stereotypes and often assimilate into the role of "wife", "mother", and "caretaker" in conformity to societal norms and their male partner. Author bell hooks states "within the family structure, individuals learn to accept sexist oppression as 'natural' and are primed to support other forms of oppression, including heterosexist domination."[137] "[T]he cultural, economic, political and legal supremacy of the husband" was "[t]raditional ... under English law".[138] This patriarchal dynamic is contrasted with a conception of egalitarian or Peer Marriage in which power and labour are divided equally, and not according to gender roles.[127]
In the US, studies have shown that, despite egalitarian ideals being common, less than half of respondents viewed their opposite-sex relationships as equal in power, with unequal relationships being more commonly dominated by the male partner.[139] Studies also show that married couples find the highest level of satisfaction in egalitarian relationships and lowest levels of satisfaction in wife dominate relationships.[139] In recent years, egalitarian or Peer Marriages have been receiving increasing focus and attention politically, economically and culturally in a number of countries, including the United States.
Sex outside of marriage
See also: Chastity and Adultery
Christ and the woman taken in adultery by Jan Brueghel the Elder, Pinakothek
Different societies demonstrate variable tolerance of extramarital sex. The Standard Cross-Cultural Sample describes the occurrence of extramarital sex by gender in over 50 pre-industrial cultures.[140][141] The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures. The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional" in 9 cultures, and "uncommon" in 15 cultures. Three studies using nationally representative samples in the United States found that between 10–15% of women and 20–25% of men engage in extramarital sex.[142][143][144]
Many of the world's major religions look with disfavor on sexual relations outside marriage.[145] There are non-secular states that sanction criminal penalties for sexual intercourse before marriage.[citation needed] Sexual relations by a married person with someone other than his/her spouse is known as adultery. Adultery is considered in many jurisdictions to be a crime and grounds for divorce.
In some countries, such as Saudi Arabia, Pakistan,[146] Afghanistan,[147][148] Iran,[148] Kuwait,[149] Maldives,[150] Morocco,[151] Oman,[152] Mauritania,[153] United Arab Emirates,[154][155] Sudan,[156] Yemen,[157] any form of sexual activity outside marriage is illegal.
In some parts of the world, women and girls accused of having sexual relations outside marriage are at risk of becoming victims of honor killings committed by their families.[158][159] In 2011 several people were sentenced to death by stoning after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali and Pakistan.[160][161][162][163][164][165][166][167][168] Practices such as honor killings and stoning continue to be supported by mainstream politicians and other officials in some countries. In Pakistan, after the 2008 Balochistan honour killings in which five women were killed by tribesmen of the Umrani Tribe of Balochistan, Pakistani Federal Minister for Postal Services Israr Ullah Zehri defended the practice; he said:[169] "These are centuries-old traditions, and I will continue to defend them. Only those who indulge in immoral acts should be afraid."[170]
Marriage and sexual violence
Main article: Marital rape
An issue that is a serious concern regarding marriage and which has been the object of international scrutiny is that of sexual violence within marriage. Throughout much of the history, in most cultures, sex in marriage was considered a 'right', that could be taken by force (often by a man from a women), if 'denied'. As the concept of human rights started to develop in the 20th century, and with the arrival of second wave feminism, such views have become less widely held.
The legal and social concept of marital rape has developed in most industrialized countries in the mid to late 20th century; in many other parts of the world it is not recognized as a form of abuse, socially or legally. Several countries in Eastern Europe and Scandinavia made marital rape illegal before 1970, and other countries in Western Europe and the English-speaking Western World outlawed it in the 1980s and 1990s. In England and Wales, marital rape was made illegal in 1991. Although marital rape is being increasingly criminalized in developing countries too, cultural, religious, and traditional ideologies about "conjugal rights" remain very strong in many parts of the world; and even in many countries that have adequate laws against rape in marriage these laws are rarely enforced.
Apart from the issue of rape committed against one's spouse, marriage is, in many parts of the world, closely connected with other forms of sexual violence: in some places, like Morocco, unmarried girls and women who are raped are often forced by their families to marry their rapist. Because being the victim of rape and losing virginity carry extreme social stigma, and the victims are deemed to have their "reputation" tarnished, a marriage with the rapist is arranged. This is claimed to be in the advantage of both the victim – who does not remain unmarried and doesn't lose social status – and of the rapist, who avoids punishment. In 2012, after a Moroccan 16-year-old girl committed suicide after having been forced by her family to marry her rapist and enduring further abuse by the rapist after they married, there have been protests from activists against this practice which is common in Morocco.[171]
In some societies, the very high social and religious importance of marital fidelity, especially female fidelity, has as result the criminalization of adultery, often with harsh penalties such as stoning or flogging; as well as leniency towards punishment of violence related to infidelity (such as honor killings).[172] In the 21st century, criminal laws against adultery have become controversial with international organizations calling for their abolition.[173][174] Opponents of adultery laws argue that these laws are a major contributor to discrimination and violence against women, as they are enforced selectively mostly against women; that they prevent women from reporting sexual violence; and that they maintain social norms which justify violent crimes committed against women by husbands, families and communities. A Joint Statement by the United Nations Working Group on discrimination against women in law and in practice states that "Adultery as a criminal offence violates women's human rights".[174] Some human rights organizations argue that the criminalization of adultery also violates internationally recognized protections for private life, as it represents an arbitrary interference with an individual's privacy, which is not permitted under international law.[175]
Marriage laws, human rights and the global status of women
The laws surrounding marriage in many countries have come under international scrutiny because they contradict international standards of human rights; institutionalize violence against women, child marriage and forced marriage; require the permission of a husband for his wife to work in a paid job, sign legal documents, file criminal charges against someone, sue in civil court etc.; sanction the use by husbands of violence to "discipline" their wives; and discriminate against women in divorce.[176][177][178]
Such things were legal even in many Western countries until recently: for instance, in France, married women obtained the right to work without their husband's permission in 1965,[179][180][181] and in West Germany women obtained this right in 1977 (by comparison women in East Germany had much more rights).[182][183] In Spain, during Franco's era, a married woman needed her husband's consent, referred to as the permiso marital, for almost all economic activities, including employment, ownership of property, and even traveling away from home; the permiso marital was abolished in 1975.[184]
An absolute submission of a wife to her husband is accepted as natural in many parts of the world, for instance surveys by UNICEF have shown that the percentage of women aged 15–49 who think that a husband is justified in hitting or beating his wife under certain circumstances is as high as 90% in Afghanistan and Jordan, 87% in Mali, 86% in Guinea and Timor-Leste, 81% in Laos, 80% in Central African Republic.[185] Detailed results from Afghanistan show that 78.4% of women agree with a beating if the wife "goes out without telling him [the husband]" and 76.2% agree "if she argues with him".[186]
In some countries of the world the laws go as far as allowing a husband to kill his wife, in certain circumstances, such as in case of adultery. In Haiti for instance, a husband has such a right: the criminal code excuses a husband who kills his wife or her lover if they are caught in his home, but a wife who kills her husband under similar circumstances is subject to criminal prosecution.[187]
Dowry and bridewealth
Anti-dowry poster in Bangalore, India
In recent years, the customs of dowry and bride price have received international criticism for inciting conflicts between families and clans; contributing to violence against women; promoting materialism; increasing property crimes (where men steal goods such as cattle in order to be able to pay the bride price); and making it difficult for poor people to marry. African women's rights campaigners advocate the abolishing of bride price, which they argue is based on the idea that women are a form of property which can be bought.[188] Bride price has also been criticized for contributing to child trafficking as impoverished parents sell their young daughters to rich older men.[189] A senior Papua New Guinea police officer has called for the abolishing of bride price arguing that it is one of the main reasons for the mistreatment of women in that country.[190] The opposite practice of dowry has been linked to a high level of violence (see dowry deaths) and to crimes such as extortion.[191]
Children born outside marriage
Historically, and still in many countries, children born outside marriage suffered severe social stigma and discrimination. In England and Wales, such children were known as bastards and whoresons.
There are significant differences between world regions in regard to the social and legal position of non-marital births, ranging from being fully accepted and uncontroversial to being severely stigmatized and discriminated.[192][193]
The 1975 European Convention on the Legal Status of Children Born out of Wedlock protects the rights of children born to unmarried parents.[194] The convention states, among others, that,: "The father and mother of a child born out of wedlock shall have the same obligation to maintain the child as if it were born in wedlock" and that "A child born out of wedlock shall have the same right of succession in the estate of its father and its mother and of a member of its father's or mother's family, as if it had been born in wedlock."[195]
While in most Western countries legal inequalities between children born inside and outside marriage have largely been abolished, this is not the case in some parts of the world.
The legal status of an unmarried father differs greatly from country to country. Without voluntary formal recognition of the child by the father, in most cases there is a need of due process of law in order to establish paternity. In some countries however, unmarried cohabitation of a couple for a specific period of time does create a presumption of paternity similar to that of formal marriage. This is the case in Australia.[196] Under what circumstances can a paternity action be initiated, the rights and responsibilities of a father once paternity has been established (whether he can obtain parental responsibility and weather he can be forced to support the child) as well as the legal position of a father who voluntarily acknowledges the child, vary widely by jurisdiction. A special situation arises when a married woman has a child by a man other than her husband. Some countries, such as Israel, refuse to accept a legal challenge of paternity in such a circumstance, in order to avoid the stigmatization of the child (see Mamzer, a concept under Jewish law). In 2010, the European Court of Human Rights ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him to see the children.[197]
The steps that an unmarried father must take in order to obtain rights to his child vary by country. In some countries (such as the UK – since 2003 in England and Wales, 2006 in Scotland, and 2002 in Northern Ireland) it is sufficient for the father to be listed on the birth certificate for him to have parental rights;[198] in other countries, such as Ireland, simply being listed on the birth certificate does not offer any rights, additional legal steps must be taken (if the mother agrees, the parents can both sign a "statutory declaration", but if the mother does not agree, the father has to apply to court).[199]
Children born outside marriage have become more common, and in some countries, the majority. Recent data from Latin America showed figures for non-marital childbearing to be 74% for Colombia, 69% for Peru, 68% for Chile, 66% for Brazil, 58% for Argentina, 55% for Mexico.[200][201] In Europe, in 2011, the highest levels of extramarital births were found in Northern Europe and some countries of the former Communist Bloc: Iceland (65%), Estonia (59.7%), Slovenia (56.8%), Bulgaria (56.1%), Norway (55%), Sweden (54.2%).[202] Data from 2011 showed that in that year, in the European Union, 39.5% of births were to unmarried women.[202] Greece had the lowest proportion of births outside marriage, at 7.4% in 2011.[202] In the United States, in 2010, 40.8% of births were to unmarried women.[203][204][205] In the United Kingdom 47.3% of births were to unmarried women in 2011; in Ireland the figure was 33.7%.[202]
Some married couples choose not to have children. Others are unable to have children because of infertility or other factors preventing conception or the bearing of children. In some cultures, marriage imposes an obligation on women to bear children. In northern Ghana, for example, payment of bridewealth signifies a woman's requirement to bear children, and women using birth control face substantial threats of physical abuse and reprisals.[206]
Marriage privatization
Main article: Marriage privatization
Some minarchists, anarchists, libertarians, liberals and opponents of government interventionism propose that the state should have no authority to define the terms of personal relationships such as marriage. They claim that such relationships are best defined by private individuals.[citation needed]
Marriage and religion
“ Marriage is the union of two different surnames, in friendship and in love, in order to continue the posterity of the former sages, and to furnish those who shall preside at the sacrifices to heaven and earth, at those in the ancestral temple, and at those at the altars to the spirits of the land and grain. ”
—Confucius, [207]
Further information: Religion and divorce
Among the precepts of mainstream religions are found, as a rule, unequivocal prescriptions for marriage, establishing both rituals and rules of conduct.
Abrahamic religions
Rembrandt's depiction of Samson's marriage feast
Bahá'í
In the Bahá'í Faith marriage is encouraged and viewed as a mutually strengthening bond, but is not obligatory. A Bahá'í marriage requires the couple to choose each other, and then the consent of all living parents.[208]
Christianity
Crowning during Holy Matrimony in the Syro-Malabar Catholic Church, an Eastern Catholic Church and a part of the Saint Thomas Christian community in India.
Main article: Christian views of marriage
Christian wedding in Kyoto, Japan.
Russian orthodox wedding ceremony
Christian marriages are based upon the teachings of Jesus Christ and the Apostle Paul.[209] Today many Christian denominations regard marriage as a sacrament, a sacred institution, or a covenant,[210] but this wasn't the case before marriage was officially recognized as a sacrament at the 1184 Council of Verona.[211][212] Before then, no specific ritual was prescribed for celebrating a marriage: "Marriage vows did not have to be exchanged in a church, nor was a priest's presence required. A couple could exchange consent anywhere, anytime."[212][213]
In the decrees on marriage of the Council of Trent (twenty-fourth session from 1563) the validity of marriage was made dependent upon the wedding taking place before a priest and two witnesses,[212][214] although the lack of a requirement for parental consent ended a debate that had proceeded from the 12th century.[214] In the case of a divorce, the right of the innocent party to marry again was denied so long as the other party was alive, even if the other party had committed adultery.[214]
The Christian Church performed marriages in the vestibule prior to the 16th century, when the emphasis was on the marriage contract and betrothal. Then the ceremony was moved inside the sacristy. [212][215]
Christians often marry for religious reasons ranging from following the biblical injunction for a "man to leave his father and mother and cleave to his wife, and the two shall become one,"[Gen. 2:24][216] to obeying Canon Law stating marriage between baptized persons is a sacrament.[217]
Divorce and remarriage while generally not encouraged are regarded differently by each Christian denomination. Most Protestant Churches allow people to marry again after a divorce. The Eastern Orthodox Church allows divorce for a limited number of reasons, and in theory, but usually not in practice, requires that a marriage after divorce be celebrated with a penitential overtone. In the Roman Catholic Church, marriage can be ended by an annulment where the Church for special reasons regards it as never having taken place.[218]
"'Then the Lord God made a woman from the rib he had taken out of the man, and he brought her to the man. The man said, "This is now bone of my bones and flesh of my flesh; she shall be called 'woman, ' for she was taken out of man." For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh.[Genesis 2:22–24]
"'...So they are no longer two, but one. Therefore what God has joined together, let man not separate."
— Jesus[Matthew 19:6]
Catholics, Eastern Orthodox Christians and many Anglicans consider marriage termed holy matrimony to be an expression of divine grace, termed a sacrament or mystery. In Western ritual, the ministers of the sacrament are the husband and wife themselves, with a bishop, priest, or deacon merely witnessing the union on behalf of the church, and adding a blessing. In Eastern ritual churches, the bishop or priest functions as the actual minister of the Sacred Mystery (Eastern Orthodox deacons may not perform marriages). Western Christians commonly refer to marriage as a vocation, while Eastern Christians consider it an ordination and a martyrdom, though the theological emphases indicated by the various names are not excluded by the teachings of either tradition.[dubious – discuss] Marriage is commonly celebrated in the context of a Eucharistic service (a nuptial Mass or Divine Liturgy). The sacrament of marriage is indicative of the relationship between Christ and the Church.[Eph. 5:29–32]
The Roman Catholic tradition of the 12th and 13th centuries defined marriage as a sacrament ordained by God,[209] signifying the mystical marriage of Christ to his Church.[219]
The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament.[220]
The mutual love between man and wife becomes an image of the eternal love with which God loves humankind. The celebration of marriage between two Catholics normally takes place during the public liturgical celebration of the Holy Mass, because of its sacramental connection with the unity of the Paschal mystery of Christ (Communion). Sacramental marriage confers a perpetual and exclusive bond between the spouses. By its nature, the institution of marriage and conjugal love is ordered to the procreation and upbringing of offspring. Marriage creates rights and duties in the Church between the spouses and towards their children: "[e]ntering marriage with the intention of never having children is a grave wrong and more than likely grounds for an annulment."[221]
According to current Catholic legislation governing marriage, the essential properties of marriage are unity and indissolubility; in Christian marriage they acquire a distinctive firmness by reason of the sacrament.[222] Divorce is not recognized, but annulments predicated upon previously existing impediments may be granted. Offspring resulting from annulled relationships are considered legitimate. Remarried persons divorced from a living, lawful spouse are not separated from the Church, but they cannot receive Eucharistic communion.[223]
For Protestant denominations, the purposes of marriage include intimate companionship, rearing children and mutual support for both husband and wife to fulfill their life callings. Protestants are generally not opposed to the use of birth control[citation needed] and consider marital sexual pleasure to be a gift of God.
Most Reformed Christians would deny the elevation of marriage to the status of a sacrament, nevertheless it is considered a covenant between spouses before God.cf.[Ephesians 5:31–33]
A couple following their marriage in the Manti Utah Temple.
Since the sixteenth century, five competing models of marriage in have shaped Protestant marriage and legal tradition:
The Protestant Reformationists replaced the Roman Catholic sacramental model.[citation needed]
Martin Luther saw it as a social "estate of the earthly kingdom...subject to the prince, not the Pope."[citation needed]
John Calvin taught that marriage was a covenant of grace that required the coercive power of the state to preserve its integrity.[citation needed]
Anglicans regarded marriage as a domestic commonwealth within England and the church. By the 17th century, Anglican theologians had begun to develop a theology of marriage to replace the sacramental model of marriage. These "regarded the interlocking commonwealths of state, church, and family as something of an earthly form of heavenly government."[citation needed]
The secularism of the Enlightenment emphasized marriage as a contract "to be formed, maintained, and dissolved as the couple sees fit."[209]
Once the process of marriage was secularized into a private contract, the role of churches substantially diminished for Protestants. This culminated in the second half of the 20th century with nearly all Protestants permitting divorce and remarriage.[224]
Members of The Church of Jesus Christ of Latter-day Saints (LDS Church) believe that "marriage between a man and a woman is ordained of God and that the family is central to the Creator's plan for the eternal destiny of His children." The LDS believe that marriage between a man and a woman can last beyond death and into eternity. Marriages between LDS couples are normally solemnized in LDS temples, though they regard civil marriages just as valid as temple marriages.[225]
Christian attitudes to same-sex marriage
A same-sex couple exchanging wedding vows in a Unitarian Universalist Fellowship.
Main article: Religious arguments about same-sex marriage
While most Christian denominations do not currently perform same-sex marriages, some do, such as Unitarian Universalist, Metropolitan Community Church, Quaker, United Church of Canada, and United Church of Christ congregations, and some Anglican dioceses, for example.[226][227] Same-sex marriage is recognized by various religious denominations.[228][229][230]
Islam
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Main article: Islamic marital jurisprudence
Newlywed couples visit Tamerlane's statues to receive wedding blessings in Uzbekistan.
A Muslim bride of Pakistan origin signing the nikkah nama or marriage certificate.
A Muslim couple being wed alongside the Tungabhadra River at Hampi, India.
Islam also commends marriage, with the age of marriage being whenever the individuals feel ready, financially and emotionally.
In Islam, polygyny is allowed while polyandry is not, with the specific limitation that a man can have no more than four legal wives at any one time and an unlimited number of female slaves as concubines, with the requirement that the man is able and willing to partition his time and wealth equally among the respective wives.
For a Muslim wedding to take place, the bridegroom and the guardian of the bride (wali) must both agree on the marriage. Should the guardian disagree on the marriage, it may not legally take place. If the wali of the girl her father or paternal grandfather, he has the right to force her into marriage even against her proclaimed will, if it is her first marriage. A guardian who is allowed to force the bride into marriage is called wali mujbir.[231]
From an Islamic (Sharia) law perspective, the minimum requirements and responsibilities in a Muslim marriage are that the groom provide living expenses (housing, clothing, food, maintenance) to the bride, and in return, the bride's main responsibility is raising children to be proper Muslims. All other rights and responsibilities are to be decided between the husband and wife, and may even be included as stipulations in the marriage contract before the marriage actually takes place, so long as they do not go against the minimum requirements of the marriage.
In Sunni Islam and Ahmadiyya Islam, marriage must take place in the presence of at least two reliable witnesses, with the consent of the guardian of the bride and the consent of the groom. Following the marriage, the couple may consummate the marriage. To create an 'urf marriage, it is sufficient that a man and a woman indicate an intention to marry each other and recite the requisite words in front of a suitable Muslim. The wedding party usually follows but can be held days, or months later, whenever the couple and their families want to, however there can be no concealment of the marriage as it is regarded as public notification due to the requirement of witnesses.[232][233][234][235]
In Shia Islam, marriage may take place without the presence of witnesses as is often the case in temporary mut'ah marriage (prohibited in Sunni Islam), but with the consent of both the bride and the groom. Following the marriage they may consummate their marriage.[citation needed]
Judaism
A Jewish wedding, painting by Jozef Israëls, 1903
A Ketubah in Hebrew, a Jewish marriage-contract outlining the duties of each partner.
Main article: Jewish views of marriage
In Judaism, marriage is based on the laws of the Torah and is a contractual bond between a man and a woman in which the woman dedicates herself to be the exclusive woman of a single man.[236] This contract is called Kiddushin.[237] Though procreation is not the sole purpose, a Jewish marriage is also expected to fulfill the commandment to have children.[Gen. 1:28] The main focus centers around the relationship between the husband and wife. Kabbalistically, marriage is understood to mean that the husband and wife are merging into a single soul. This is why a man is considered "incomplete" if he is not married, as his soul is only one part of a larger whole that remains to be unified.[238]
The Hebrew Bible (Christian Old Testament) describes a number of marriages, including those of Isaac (Gen 24:49–67), Jacob(Gen 29:27) and Samson (Judges 14:7–12). Polygyny, or men having multiple wives at once, is one of the most common marital arrangements represented in the Hebrew Bible.[239] Today Ashkenazi Jews are prohibited to take more than one wife because of a ban instituted on this by Gershom ben Judah (Died 1040).
Among ancient Hebrews, marriage was a domestic affair and not a religious ceremony; the participation of a priest or rabbi was not required.[240]
Betrothal (erusin), which refers to the time that this binding contract is made, is distinct from marriage itself (nissu'in), with the time between these events varying substantially.[239][241] In biblical times, a wife was regarded as chattel, belonging to her husband;[239][241] the descriptions of the Bible suggest that she would be expected to perform tasks such as spinning, sewing, weaving, manufacture of clothing, fetching of water, baking of bread, and animal husbandry.[242] However, wives were usually looked after with care, and men with more than one wife were expected to ensure that they continue to give the first wife food, clothing, and marital rights.[Ex 21:10]
Since a wife was regarded as property, her husband was originally free to divorce her for any reason, at any time.[241] Divorcing a woman against her will was also banned by Gershom ben Judah. A divorced couple were permitted to get back together, unless the wife had married someone else after her divorce.[Deut 24:2–4]
Hinduism
Main article: Marriage in Hinduism
Hindu marriage ceremony from a Rajput wedding.
A Nepali Hindu couple in marriage ceremony.
Hinduism sees marriage as a sacred duty that entails both religious and social obligations. Old Hindu literature in Sanskrit gives many different types of marriages and their categorization ranging from "Gandharva Vivaha" (instant marriage by mutual consent of participants only, without any need for even a single third person as witness) to normal (present day) marriages, to "Rakshasa Vivaha" ("demoniac" marriage, performed by abduction of one participant by the other participant, usually, but not always, with the help of other persons). In India and generally in South Asia, arranged marriages, the spouse's parents or an older family member choose the partner, are still predominant in comparison with so called love marriages until nowadays. The Hindu Widow's Remarriage Act 1856 empowers a Hindu widow to remarry.
Sati, the practice of a widow immolating herself on her husband's funeral pyre, was officially outlawed by India's British rulers in 1829. The last[243] sati incident allegedly ouccured in Rajasthan in 1987 when 18-year-old Roop Kanwar allegedly committed sati.[244] A court order ruled in 2004 that no such incident had occurred and acquitted all accused.[245]
Buddhism
Main article: Buddhist view of marriage
The Buddhist view of marriage considers marriage a secular affair and thus not a sacrament. Buddhists are expected to follow the civil laws regarding marriage laid out by their respective governments. Gautama Buddha, being a kshatriya was required by Shakyan tradition to pass a series of tests to prove himself as a warrior, before he was allowed to marry.
Sikhism
In a Sikh marriage, the couple walks around the Guru Granth Sahib holy book four times, and a holy man recites from it in the kirtan style. The ceremony is known as 'Anand Karaj' and represents the holy union of two souls united as one.
Wicca
Wiccan marriages are commonly known as handfastings. Although handfastings vary for each Wiccan they often involve honoring Wiccan gods. Sex is considered a pious and sacred activity.[246]
Marriage and health
Main article: Marriage and health
Marriage, like other close relationships, exerts considerable influence on health.[247] Married people experience lower morbidity and mortality across such diverse health threats as cancer, heart attacks, and surgery.[248] Research on marriage and health is part of the broader study of the benefits of social relationships. Social ties provide people with a sense of identity, purpose, belonging and support.[249] Simply being married, as well as the quality of one's marriage, has been linked to diverse measures of health.[247][clarification needed]
The health-protective effect of marriage is stronger for men than women.[248][250] Marital status — the simple fact of being married — confers more health benefits to men than women.[248] Women's health is more strongly impacted than men's by marital conflict or satisfaction, such that unhappily married women do not enjoy better health relative to their single counterparts.[248][250][251] Most research on marriage and health has focused on heterosexual couples, and more work is needed to clarify the health impacts of same-sex marriage.[247]
Divorce and annulment
Main articles: Divorce and Divorce law by country
In most societies, the death of one of the partners terminates the marriage, and in monogamous societies this allows the other partner to remarry, though sometimes after a waiting or mourning period.
In some societies, a marriages can be annulled, when an authority declares that a marriage never happened. Jurisdictions often have provisions for void marriages or voidable marriages.
A marriage may also be terminated through divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991), Ireland (1996), Chile (2004) and Malta (2011). As of 2012, the Philippines and the Vatican City are the only jurisdictions which do not allow divorce (this is currently under discussion in Philippines).[252]) After divorce, one spouse may have to pay alimony. Laws concerning divorce and the ease with which a divorce can be obtained vary widely around the world. After a divorce or an annulment, the people concerned are free to remarry (or marry).
A statutory right of two married partners to mutually consent to divorce was enacted in western nations in the mid-20th century. In the United States no-fault divorce was first enacted in California in 1969 and the final state to legalize it was New York in 1989.[253]
About 45% of marriages in Britain[254] and, according to a 2009 study, 46% of marriages in the U.S.[255] end in divorce.
History of marriage
Ancient world
See also: Marriage in ancient Rome and Ancient Greek wedding customs
Many cultures have legends concerning the origins of marriage. The way in which a marriage is conducted and its rules and ramifications has changed over time, as has the institution itself, depending on the culture or demographic of the time.[256]
A wife was seen as being of high value, and was therefore, usually, carefully looked after.[239][241] Early nomadic communities in the middle east practised a form of marriage known as beena, in which a wife would own a tent of her own, within which she retains complete independence from her husband;[257] this principle appears to survive in parts of early Israelite society, as some early passages of the Bible appear to portray certain wives as each owning a tent as a personal possession[257] (specifically, Jael,[258] Sarah,[259] and Jacob's wives[260]).
The last chapter of Book of Proverbs show the characteristics of a virtuous woman.[261]
The husband too, is indirectly implied to have some responsibilities to his wife. The Covenant Code orders "If he take him another; her food, her clothing, and her duty of marriage, shall he not diminish(or lessen)".[262] If the husband does not provide the first wife with these things, she is to be divorced, without cost to her.[263] The Talmud interprets this as a requirement for a man to provide food and clothing to, and have sex with, each of his wives.[264][clarification needed] However, "duty of marriage" is also interpreted as whatever one does as a married couple, which is more than just sexual activity. And the term diminish, which means to lessen, shows the man must treat her as if he was not married to another.
As a polygynous society, the Israelites did not have any laws which imposed marital fidelity on men.[265][266] However, the prophet Malachi states that none should be faithless to the wife of his youth and that God hates divorce.[267] Adulterous married women,adulterous betrothed women, and the men who slept with them however, were subject to the death penalty by the biblical laws against adultery [268][269][270] According to the Priestly Code of the Book of Numbers, if a pregnant[271] woman was suspected of adultery, she was to be subjected to the Ordeal of Bitter Water,[272] a form of trial by ordeal, but one that took a miracle to convict. The literary prophets indicate that adultery was a frequent occurrence, despite their strong protests against it,[273][274][275][276] and these legal strictnesses.[265]
In Ancient Greece, no specific civil ceremony was required for the creation of a marriage – only mutual agreement and the fact that the couple must regard each other as husband and wife accordingly.[citation needed] Men usually married when they were in their 20s[citation needed] and women in their teens. It has been suggested that these ages made sense for the Greeks because men were generally done with military service or financially established by their late 20s, and marrying a young girl ensured ample time for her to bear children, as life expectancies were significantly lower during this period.[citation needed] Married Greek women had few rights in ancient Greek society and were expected to take care of the house and children.[citation needed] Time was an important factor in Greek marriage. For example, there were superstitions that being married during a full moon was good luck and, according to Robert Flacelière, Greeks married in the winter.[citation needed] Inheritance was more important than feelings: a woman whose father dies without male heirs could be forced to marry her nearest male relative – even if she had to divorce her husband first.[277]
There were several types of marriages in ancient Roman society. The traditional ("conventional") form called conventio in manum required a ceremony with witnesses and was also dissolved with a ceremony.[278] In this type of marriage, a woman lost her family rights of inheritance of her old family and gained them with her new one. She now was subject to the authority of her husband.[citation needed] There was the free marriage known as sine manu. In this arrangement, the wife remained a member of her original family; she stayed under the authority of her father, kept her family rights of inheritance with her old family and did not gain any with the new family.[279] The minimum age of marriage for girls was 12.[280]
Among ancient Germanic tribes, the bride and groom were roughly the same age and generally older than their Roman counterparts, according to Tacitus:
The youths partake late of the pleasures of love, and hence pass the age of puberty unexhausted: nor are the virgins hurried into marriage; the same maturity, the same full growth is required: the sexes unite equally matched and robust; and the children inherit the vigor of their parents.[281]
Where Aristotle had set the prime of life at 37 years for men and 18 for women, the Visigothic Code of law in the 7th century placed the prime of life at twenty years for both men and women, after which both presumably married. Tacitus states that ancient Germanic brides were on average about 20 and were roughly the same age as their husbands.[282]
Europe
Further information: Royal intermarriage
Woodcut. How Reymont and Melusina were betrothed / And by the bishop were blessed in their bed on their wedlock. From the Melusine, 15th century.
From the early Christian era (30 to 325 CE), marriage was thought of as primarily a private matter, with no uniform religious or other ceremony being required.[283] However, bishop Ignatius of Antioch writing around 110 to bishop Polycarp of Smyrna exhorts, "[I]t becomes both men and women who marry, to form their union with the approval of the bishop, that their marriage may be according to God, and not after their own lust."[284]
In the 12th century[where?], women were obligated to take the name of their husbands and starting in the second half of the 16th century[where?] parental consent along with the church's consent was required for marriage.[285]
With few local exceptions, until 1545, Christian marriages in Europe were by mutual consent, declaration of intention to marry and upon the subsequent physical union of the parties.[286][287] The couple would promise verbally to each other that they would be married to each other; the presence of a priest or witnesses was not required.[288] This promise was known as the "verbum." If freely given and made in the present tense (e.g., "I marry you"), it was unquestionably binding;[286] if made in the future tense ("I will marry you"), it would constitute a betrothal.
In 1552 a wedding took place in Zufia, Navarre, between Diego de Zufia and Mari-Miguel following the custom as it was in the realm since the Middle Ages, but the man denounced the marriage on the grounds that its validity was conditioned to "riding" her ("si te cabalgo, lo cual dixo de bascuence (...) balvin yo baneça aren senar içateko"). The tribunal of the kingdom rejected the husband's claim, validating the wedding, but the husband appealed to the tribunal in Zaragoza, and this institution annulled the marriage.[289] According to the Charter of Navarre, the basic union consisted of a civil marriage with no priest required and at least two witnesses, and the contract could be broken using the same formula.[citation needed] The Church in turn lashed out at those who got married twice or thrice in a row while their formers spouses were still alive. In 1563 the Council of Trent, twenty-fourth session, required that a valid marriage must be performed by a priest before two witnesses.[289]
One of the functions of churches from the Middle Ages was to register marriages, which was not obligatory. There was no state involvement in marriage and personal status, with these issues being adjudicated in ecclesiastical courts. During the Middle Ages marriages were arranged, sometimes as early as birth, and these early pledges to marry were often used to ensure treaties between different royal families, nobles, and heirs of fiefdoms. The church resisted these imposed unions, and increased the number of causes for nullification of these arrangements.[285] As Christianity spread during the Roman period and the Middle Ages, the idea of free choice in selecting marriage partners increased and spread with it.[285]
In Medieval Western Europe, later marriage and higher rates of definitive celibacy (the so-called "European marriage pattern") helped to constrain patriarchy at its most extreme level. For example, Medieval England saw marriage age as variable depending on economic circumstances, with couples delaying marriage until the early twenties when times were bad and falling to the late teens after the Black Death, when there were labor shortages;[290] by appearances, marriage of adolescents was not the norm in England.[291][292] Where the strong influence of classical Celtic and Germanic cultures (which were not rigidly patriarchal)[293][294] helped to offset the Judaeo-Roman patriarchal influence,[295] in Eastern Europe the tradition of early and universal marriage (often in early adolescence)[296] as well as traditional Slavic patrilocal custom[297] led to a greatly inferior status of women at all levels of society.[298][citation needed]
The average age of marriage for most of Northwestern Europe from 1500 to 1800 was around 25 years of age;[299][300][301] as the Church dictated that both parties had to be at least 21 years of age to marry without the consent of their parents, the bride and groom were roughly the same age, with most brides in their early twenties and most grooms two or three years older,[301] and a substantial number of women married for the first time in their thirties and forties, particularly in urban areas,[302] with the average age at first marriage rising and falling as circumstances dictated. In better times, more people could afford to marry earlier and thus fertility rose and conversely marriages were delayed or foregone when times were bad, thus restricting family size;[303] after the Black Death, the greater availability of profitable jobs allowed more people to marry young and have more children,[304] but the stabilization of the population in the 16th century meant less job opportunities and thus more people delaying marriages.[305]
As part of the Protestant Reformation, the role of recording marriages and setting the rules for marriage passed to the state, reflecting Martin Luther's view that marriage was a "worldly thing".[306] By the 17th century, many of the Protestant European countries had a state involvement in marriage.
In England, under the Anglican Church, marriage by consent and cohabitation was valid until the passage of Lord Hardwicke's Act in 1753. This act instituted certain requirements for marriage, including the performance of a religious ceremony observed by witnesses.[307]
As part of the Counter-Reformation, in 1563 the Council of Trent decreed that a Roman Catholic marriage would be recognized only if the marriage ceremony was officiated by a priest with two witnesses. The Council also authorized a Catechism, issued in 1566, which defined marriage as, "The conjugal union of man and woman, contracted between two qualified persons, which obliges them to live together throughout life."[209]
In the early modern period, John Calvin and his Protestant colleagues reformulated Christian marriage by enacting the Marriage Ordinance of Geneva, which imposed "The dual requirements of state registration and church consecration to constitute marriage"[209] for recognition.
In England and Wales, Lord Hardwicke's Marriage Act 1753 required a formal ceremony of marriage, thereby curtailing the practice of Fleet Marriage, an irregular or a clandestine marriage.[308] These were clandestine or irregular marriages performed at Fleet Prison, and at hundreds of other places. From the 1690s until the Marriage Act of 1753 as many as 300,000 clandestine marriages were performed at Fleet Prison alone.[309] The Act required a marriage ceremony to be officiated by an Anglican priest in the Anglican Church with two witnesses and registration. The Act did not apply to Jewish marriages or those of Quakers, whose marriages continued to be governed by their own customs.
In England and Wales, since 1837, civil marriages have been recognized as a legal alternative to church marriages under the Marriage Act 1836. In Germany, civil marriages were recognized in 1875. This law permitted a declaration of the marriage before an official clerk of the civil administration, when both spouses affirm their will to marry, to constitute a legally recognized valid and effective marriage, and allowed an optional private clerical marriage ceremony.
In contemporary English common law, a marriage is a voluntary contract by a man and a woman, in which by agreement they choose to become husband and wife.[310] Edvard Westermarck proposed that "the institution of marriage has probably developed out of a primeval habit".[311]
As of 2000, the average marriage age range was 25–44 years for men and 22–39 years for women.
China
Main article: Chinese marriage
The mythological origin of Chinese marriage is a story about Nüwa and Fu Xi who invented proper marriage procedures after becoming married. In ancient Chinese society, people of the same surname are supposed to consult with their family trees prior marriage to reduce the potential risk of unintentional incest. Marriaging to one's maternal relatives was generally not thought of as incest, families sometimes intermarried from one generation to another. Over time, Chinese people became more geographically mobile. Individuals remained members of their biological families. When a couple died, the husband and the wife were buried separately in the respective clans' graveyard. In a maternal marriage, a male would become a son-in-law who lived in the wife's home.
The New Marriage Law of 1950 radically changed Chinese marriage traditions, enforcing monogamy, equality of men and women, and choice in marriage; arranged marriages were the most common type of marriage in China until then. Starting October 2003, it became legal to marry or divorce without authorization from the couple's work units.[312][clarification needed] Although people with infectious diseases such as AIDS may now marry; marriage is still illegal for the mentally ill.[313]
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236.Jump up ^ Mishnah Kidushin 1:1
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241.^ Jump up to: a b c d This article incorporates text from the 1903 Encyclopaedia Biblica article "MARRIAGE", a publication now in the public domain.
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257.^ Jump up to: a b William Robertson Smith, Kinship and Marriage in early Arabia, (1885), 167
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259.Jump up ^ Genesis 24:26
260.Jump up ^ Genesis 31:33–34
261.Jump up ^ Proverbs 31:10-31
262.Jump up ^ Exodus 21:10
263.Jump up ^ Exodus 21:11
264.Jump up ^ One or more of the preceding sentences incorporates text from a publication now in the public domain: "Husband and Wife". Jewish Encyclopedia. 1901–1906.
265.^ Jump up to: a b This article incorporates text from the 1903 Encyclopaedia Biblica article "Jealousy, Ordeal of", a publication now in the public domain.
266.Jump up ^ One or more of the preceding sentences incorporates text from a publication now in the public domain: "Adultery". Jewish Encyclopedia. 1901–1906.
267.Jump up ^ Malachi 2:15–16
268.Jump up ^ Ezekiel 16:40
269.Jump up ^ Leviticus 20:10
270.Jump up ^ Deuteronomy 22:22–25
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272.Jump up ^ Numbers 5:11–31
273.Jump up ^ Jeremiah 7:9
274.Jump up ^ Jeremiah 23:10
275.Jump up ^ Hosea 4:2
276.Jump up ^ Malachi 3:5
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281.Jump up ^ Tacitus (by commentator Edward Brooks). 2013. The Germany and the Agricola of Tacitus. Project Gutenberg. Footnotes 121-122.
282.Jump up ^ Herlihy, David. (1985). Medieval Households. Harvard University Press, pp. 73–5, ISBN 067456376X.
283.Jump up ^ McSheffrey, Shannon (2006). Marriage, sex, and civic culture in late medieval London. University of Pennsylvania Press. p. 21. ISBN 978-0-8122-3938-6.
284.Jump up ^ "St. Ignatius of Antioch to Polycarp (Roberts-Donaldson translation)". Earlychristianwritings.com. 2 February 2006.
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286.^ Jump up to: a b upenn.edu Excerpt from Marriage, Sex, and Civic Culture in Late Medieval London "the sacramental bond of marriage could be made only through the freely given consent of both parties"
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291.Jump up ^ Hanawalt, p. 98-100
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298.Jump up ^ Levin, 1995; Pgs 225-227
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307.Jump up ^ West's Encyclopedia of American Law, 2nd Edition. Thomson Gale, 2005. ISBN 0-7876-6367-0
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309.Jump up ^ Gillis, John R. (1985). For Better, for Worse: British Marriages, 1600 to the Present. Oxford University Press. p. 92. ISBN 0-19-503614-X.
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External links
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Portal:Marriage
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For Better, for Worse: British Marriages, 1600 to the Present John Gillis. 1985. Oxford University Press. ISBN 0-19-503614-X
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Radical Principles and the Legal Institution of Marriage: Domestic Relations Law and Social Democracy in Sweden – Bradley 4 (2): 154 – International Journal of Law, Policy and the Family
Recordings & Photos from a College Historical Society debate on the role of marriage, featuring Senator David Norris and Senator Ronan Mullen.
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Marriage
From Wikipedia, the free encyclopedia
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For other uses, see Marriage (disambiguation).
"Married" and "Matrimony" redirect here. For other uses, see Married (disambiguation) and Matrimony (disambiguation).
"Husband and Wife" redirects here. For the 1953 film, see Husband and Wife (film).
A pair of wedding rings
Part of a series on the
Anthropology of kinship
Basic concepts[hide]
Affinity ·
Consanguinity ·
Marriage ·
Incest taboo ·
Endogamy ·
Exogamy ·
Monogamy ·
Polygyny ·
Polygamy ·
Polyandry ·
Bride price ·
Bride service ·
Dowry ·
Parallel / cross cousins ·
Cousin marriage ·
Levirate ·
Ghost marriage ·
Joking relationship ·
Family ·
Lineage ·
Clan ·
Fictive / Milk / Nurture kinship
Descent
Cognatic / Bilateral ·
Matrilateral ·
House society ·
Avunculate
Linealities
Ambilineality ·
Unilineality ·
Matrilineality ·
Patrilineality
Household forms and residence
Extended ·
Matrifocal ·
Matrilocal ·
Nuclear ·
Patrilocal
Gender
Third gender
Terminology[show]
Case studies[show]
Major theorists[show]
Related articles[show]
Social anthropology
Cultural anthropology
v ·
t ·
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Relationships
Types[hide]
Genetic
Kinship ·
Family ·
Sibling ·
Cousin
By marriage
Husband ·
Wife ·
Open marriage
Polyandry ·
Polygamy
Partner · Partners
Significant other ·
Boyfriend ·
Girlfriend ·
Cohabitation ·
Same-sex ·
Friendship (romantic)
Sexual
Casual ·
Monogamy ·
Non-monogamy ·
Polyamory ·
Polyfidelity
Cicisbeo ·
Concubinage ·
Courtesan ·
Mistress
Activities[show]
Endings[show]
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Swedish royal wedding clothes from 1766, Livrustkammaren in Stockholm
Marriage, also called matrimony or wedlock, is a socially or ritually recognized union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws.[1] The definition of marriage varies according to different cultures, but it is principally an institution in which interpersonal relationships, usually sexual, are acknowledged. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. When defined broadly, marriage is considered a cultural universal.
Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Who they marry may be influenced by socially determined rules of incest, prescriptive marriage rules, parental choice and individual desire. In some areas of the world arranged marriage, child marriage, polygamy, and sometimes forced marriage, may be practiced as a cultural tradition. Conversely, such practices may be outlawed and penalized in parts of the world out of concerns for women's rights and because of international law.[2] In developed parts of the world, there has been a general trend towards ensuring equal rights within marriage for women and legally recognizing the marriages of interracial, interfaith, and same-gender couples. Oftentimes, these trends have been motivated by a desire to establish equality and uphold human rights.
Marriage can be recognized by a state, an organization, a religious authority, a tribal group, a local community or peers. It is often viewed as a contract. Civil marriage, which does not exist in some countries, is marriage without religious content carried out by a government institution in accordance with the marriage laws of the jurisdiction, and recognised as creating the rights and obligations intrinsic to matrimony. Marriages can be performed in a secular civil ceremony or in a religious setting via a wedding ceremony. The act of marriage usually creates normative or legal obligations between the individuals involved, and any offspring they may produce. In terms of legal recognition, most sovereign states and other jurisdictions limit marriage to opposite-sex couples and a diminishing number of these permit polygyny, child marriages, and forced marriages. Over the twentieth century, a growing number of countries and other jurisdictions have lifted bans on and have established legal recognition for interracial marriage, interfaith marriage, and most recently, same-sex marriage.[3] Some cultures allow the dissolution of marriage through divorce or annulment. In some areas, child marriages and polygamy may occur in spite of national laws against the practice.
Since the late twentieth century, major social changes in Western countries have led to changes in the demographics of marriage, with the age of first marriage increasing, fewer people marrying, and more couples choosing to cohabit rather than marry. For example, the number of marriages in Europe decreased by 30% from 1975 to 2005.[4] As marriage has become less common, it has, proportionately, become an upper-middle-class and upper-class phenomenon.
Historically, in most cultures, married women had very few rights of their own, being considered, along with the family's children, the property of the husband; as such, they could not own or inherit property, or represent themselves legally (see for example coverture). In Europe, the United States, and other places in the developed world, beginning in the late 19th century and lasting through the 21st century, marriage has undergone gradual legal changes, aimed at improving the rights of the wife. These changes included giving wives legal identities of their own, abolishing the right of husbands to physically discipline their wives, giving wives property rights, liberalizing divorce laws, providing wives with reproductive rights of their own, and requiring a wife's consent when sexual relations occur. These changes have occurred primarily in Western countries. In the 21st century, there continue to be controversies regarding the legal status of married women, legal acceptance of or leniency towards violence within marriage (especially sexual violence), traditional marriage customs such as dowry and bride price, forced marriage, marriageable age, and criminalization of consensual behaviors such as premarital and extramarital sex.
Contents [hide]
1 Etymology
2 Definitions 2.1 Relation recognized by custom or law
2.2 Legitimacy of offspring
2.3 Collection of rights
2.4 Right of sexual access
3 Types of marriage 3.1 Monogamy 3.1.1 Serial monogamy
3.2 Polygamy 3.2.1 Polygyny
3.2.2 Polyandry
3.2.3 Plural marriage
3.3 Child marriage
3.4 Same-sex and third gender marriages
3.5 Temporary marriages
3.6 Cohabitation
4 Partner selection 4.1 Social status
4.2 The incest taboo, exogamy and endogamy
4.3 Prescriptive marriage
4.4 Forced marriage
4.5 Companionate marriage
5 Economic considerations 5.1 Dowry
5.2 Dower
5.3 Bridewealth
5.4 Taxation
6 Post-marital residence
7 Marriage law 7.1 Rights and obligations
7.2 Property regime
7.3 Marriage restrictions 7.3.1 Age
7.3.2 Race
7.3.3 Same-sex marriage recognition
7.3.4 Number of spouses in a marriage
7.4 State recognition 7.4.1 Marriage license, civil ceremony and registration
7.4.2 Common-law marriage
7.4.3 Civil unions
7.4.4 "Marriage of convenience"
7.5 Contemporary legal and human rights criticisms of marriage 7.5.1 Power and gender roles
7.5.2 Sex outside of marriage
7.5.3 Marriage and sexual violence
7.5.4 Marriage laws, human rights and the global status of women
7.5.5 Dowry and bridewealth
7.5.6 Children born outside marriage
7.5.7 Marriage privatization
8 Marriage and religion 8.1 Abrahamic religions 8.1.1 Bahá'í
8.1.2 Christianity 8.1.2.1 Christian attitudes to same-sex marriage
8.1.3 Islam
8.1.4 Judaism
8.2 Hinduism
8.3 Buddhism
8.4 Sikhism
8.5 Wicca
9 Marriage and health
10 Divorce and annulment
11 History of marriage 11.1 Ancient world
11.2 Europe
11.3 China
12 References
13 External links
Etymology
The word "marriage" derives from Middle English mariage, which first appears in 1250–1300 CE. This in turn is derived from Old French marier (to marry) and ultimately Latin marītāre meaning to provide with a husband or wife and marītāri meaning to get married. The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife."[5] The related word "matrimony" derives from the Old French word matremoine which appears around 1300 CE and ultimately derives from Latin mātrimōnium which combines the two concepts mater meaning "mother" and the suffix -monium signifying "action, state, or condition." "[6]
Definitions
Anthropologists have proposed several competing definitions of marriage in an attempt to encompass the wide variety of marital practices observed across cultures.[7] Even within Western culture, "definitions of marriage have careened from one extreme to another and everywhere in between" (as Evan Gerstmann has put it).[8]
Relation recognized by custom or law
In The History of Human Marriage (1922), Edvard Westermarck defined marriage as "a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of the offspring."[9] In The Future of Marriage in Western Civilization (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognized by custom or law".[10]
Legitimacy of offspring
The anthropological handbook Notes and Queries (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners."[11] In recognition of a practice by the Nuer of Sudan allowing women to act as a husband in certain circumstances (the Ghost marriage), Kathleen Gough suggested modifying this to "a woman and one or more other persons."[12]
In an analysis of marriage among the Nayar, a polyandrous society in India, Gough found that the group lacked a husband role in the conventional sense; that unitary role in the west was divided between a non-resident "social father" of the woman's children, and her lovers who were the actual procreators. None of these men had legal rights to the woman's child. This forced Gough to disregard sexual access as a key element of marriage and to define it in terms of legitimacy of offspring alone: marriage is "a relationship established between a woman and one or more other persons, which provides a child born to the woman under circumstances not prohibited by the rules of relationship, is accorded full birth-status rights common to normal members of his society or social stratum."[13]
Economic anthropologist Duran Bell has criticized the legitimacy-based definition on the basis that some societies do not require marriage for legitimacy. He argued that a legitimacy-based definition of marriage is circular in societies where illegitimacy has no other legal or social implications for a child other than the mother being unmarried.[7]
Collection of rights
Edmund Leach criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that marriage be viewed in terms of the different types of rights it serves to establish. In 1955 article in Man, Leach argued that no one definition of marriage applied to all cultures. He offered a list of ten rights associated with marriage, including sexual monopoly and rights with respect to children, with specific rights differing across cultures. Those rights, according to Leach, included:
1."To establish a legal father of a woman's children.
2.To establish a legal mother of a man's children.
3.To give the husband a monopoly in the wife's sexuality.
4.To give the wife a monopoly in the husband's sexuality.
5.To give the husband partial or monopolistic rights to the wife's domestic and other labour services.
6.To give the wife partial or monopolistic rights to the husband's domestic and other labour services.
7.To give the husband partial or total control over property belonging or potentially accruing to the wife.
8.To give the wife partial or total control over property belonging or potentially accruing to the husband.
9.To establish a joint fund of property – a partnership – for the benefit of the children of the marriage.
10.To establish a socially significant 'relationship of affinity' between the husband and his wife's brothers."[14]
Right of sexual access
In a 1997 article in Current Anthropology, Duran Bell describes marriage as "a relationship between one or more men (male or female) in severalty to one or more women that provides those men with a demand-right of sexual access within a domestic group and identifies women who bear the obligation of yielding to the demands of those specific men." In referring to "men in severalty", Bell is referring to corporate kin groups such as lineages which, in having paid brideprice, retain a right in a woman's offspring even if her husband (a lineage member) deceases (Levirate marriage). In referring to "men (male or female)", Bell is referring to women within the lineage who may stand in as the "social fathers" of the wife's children born of other lovers. (See Nuer "Ghost marriage")[7]
Types of marriage
Monogamy
Main article: Monogamy
Monogamy is a form of marriage in which an individual has only one spouse during their lifetime or at any one time (serial monogamy).
Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas found a strong correlation between intensive plough agriculture, dowry and monogamy. This pattern was found in a broad swath of Eurasian societies from Japan to Ireland. The majority of Sub-Saharan African societies that practice extensive hoe agriculture, in contrast, show a correlation between "Bride price," and polygamy.[15] A further study drawing on the Ethnographic Atlas showed a statistical correlation between increasing size of the society, the belief in "high gods" to support human morality, and monogamy.[16]
In the countries which do not permit polygamy, a person who marries in one of those countries a person while still being lawfully married to another commits the crime of bigamy. In all cases, the second marriage is considered legally null and void. Besides the second and subsequent marriages being void, the bigamist is also liable to other penalties, which also vary between jurisdictions.
Serial monogamy
Governments that support monogamy, may allow easy divorce. In a number of Western countries divorce rates approach 50%. Those who remarry do so on average 3 times.[citation needed] Divorce and remarriage can thus result in "serial monogamy", i.e. multiple marriages but only one legal spouse at a time. This can be interpreted as a form of plural mating, as are those societies dominated by female-headed families in the Caribbean, Mauritius and Brazil where there is frequent rotation of unmarried partners. In all, these account for 16 to 24% of the "monogamous" category.[17]
Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, remains an active part of her "ex-husband's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in the British case, serial monogamy creates an "extended family" – a number of households tied together in this way, including mobile children (possible ex's may include an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous nuclear family. As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by a male to whom they are married or divorced.[18]
Polygamy
Main article: Polygamy
Polygamy is a marriage which includes more than two partners.[19] When a man is married to more than one wife at a time, the relationship is called polygyny, and there is no marriage bond between the wives; and when a woman is married to more than one husband at a time, it is called polyandry, and there is no marriage bond between the husbands. If a marriage includes multiple husbands and wives, it can be called group marriage.[19]
A molecular genetic study of global human genetic diversity argued that sexual polygyny was typical of human reproductive patterns until the shift to sedentary farming communities approximately 10,000 to 5,000 years ago in Europe and Asia, and more recently in Africa and the Americas.[20] As noted above, Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas found that the majority of Sub-Saharan African societies that practice extensive hoe agriculture show a correlation between "Bride price," and polygamy.[15] A survey of other cross-cultural samples has confirmed that the absence of the plough was the only predictor of polygamy, although other factors such as high male mortality in warfare (in non-state societies) and pathogen stress (in state societies) had some impact.[21]
Marriages are classified according to the number of legal spouses an individual has. The suffix "-gamy" refers specifically to the number of spouses, as in bi-gamy (two spouses, generally illegal in most nations), and poly-gamy (more than one spouse).
Societies show variable acceptance of polygamy as a cultural ideal and practice. According to the Ethnographic Atlas, of 1,231 societies noted, 186 were monogamous; 453 had occasional polygyny; 588 had more frequent polygyny; and 4 had polyandry.[22] However, as Miriam Zeitzen writes, social tolerance for polygamy is different from the practice of polygamy, since it requires wealth to establish multiple households for multiple wives. The actual practice of polygamy in a tolerant society may actually be low, with the majority of aspirant polygamists practicing monogamous marriage. Tracking the occurrence of polygamy is further complicated in jurisdictions where it has been banned, but continues to be practiced (de facto polygamy).[23]
Zeitzen also notes that Western perceptions of African society and marriage patterns are biased by "contradictory concerns of nostalgia for traditional African culture versus critique of polygamy as oppressive to women or detrimental to development."[23] Polygamy has been condemned as being a form of human rights abuse, with concerns arising over domestic abuse, forced marriage, and neglect. The vast majority of the world's countries, including virtually all of the world's developed nations, do not permit polygamy. There have been calls for the abolition of polygamy in developing countries.
Polygyny
Although a society may be classified as polgynous, not all marriages in it necessarily are; monogamous marriages may in fact predominate. It is to this flexibility that Anthropologist Robin Fox attributes its success as a social support system: "This has often meant – given the imbalance in the sex ratios, the higher male infant mortality, the shorter life span of males, the loss of males in wartime, etc. – that often women were left without financial support from husbands. To correct this condition, females had to be killed at birth, remain single, become prostitutes, or be siphoned off into celibate religious orders. Polygynous systems have the advantage that they can promise, as did the Mormons, a home and family for every woman."[24]
Nonetheless, polygyny is a gender issue which offers men asymmetrical benefits. In some cases, there is a large age discrepancy (as much as a generation) between a man and his youngest wife, compounding the power differential between the two. Tensions not only exist between genders, but also within genders; senior and junior men compete for wives, and senior and junior wives in the same household may experience radically different life conditions, and internal hierarchy. Several studies have suggested that the wive's relationship with other women, including co-wives and husband's female kin, are more critical relationships than that with her husband for her productive, reproductive and personal achievement.[25] In some societies, the co-wives are relatives, usually sisters, a practice called sororal polygyny; the pre-existing relationship between the co-wives is thought to decrease potential tensions within the marriage.[26]
Fox argues that "the major difference between polygyny and monogamy could be stated thus: while plural mating occurs in both systems, under polygyny several unions may be recognized as being legal marriages while under monogamy only one of the unions is so recognized. Often, however, it is difficult to draw a hard and fast line between the two."[27]
As polygamy in Africa is increasingly subject to legal limitations, a variant form of de facto (as opposed to legal or de jure) polygyny is being practised in urban centres. Although it does not involve multiple (now illegal) formal marriages, the domestic and personal arrangements follow old polygynous patterns. The de facto form of polygyny is found in other parts of the world as well (including some Mormon sects and Muslim families in the United States).[28] In some societies such as the Lovedu of South Africa, or the Nuer of the Sudan, aristocratic women may become female 'husbands.' In the Lovedu case, this female husband may take a number of polygamous wives. This is not a lesbian relationship, but a means of legitimately expanding a royal lineage by attaching these wives' children to it. The relationships are considered polygynous, not polyandrous, because the female husband is in fact assuming masculine gendered political roles.[26]
Religious groups have differing views on the legitimacy of polygyny. It is allowed in Islam and Confucianism, though in most areas today it is uncommon.[29][30] Judaism, Christianity and Hinduism have allowed polygyny in the past, but it is prohibited today.[29]
Polyandry
Main articles: Polyandry, Polyandry in Tibet and Polyandry in India
Polyandry is notably more rare than polygyny, though less rare than the figure commonly cited in the Ethnographic Atlas (1980) which listed only those polyandrous societies found in the Himalayan Mountains. More recent studies have found 53 societies outside the 28 found in the Himalayans which practice polyandry.[31] It is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with partible paternity, the cultural belief that a child can have more than one father.[32]
The explanation for polyandry in the Himalayan Mountains is related to the scarcity of land; the marriage of all brothers in a family to the same wife (fraternal polyandry) allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this was prevented through the social practice of impartible inheritance (the dis-inheriting of most siblings, some of whom went on to become celibate monks and priests).[33]
Plural marriage
Group marriage (also known as multi-lateral marriage) is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share parental responsibility for any children arising from the marriage.[34] No country legally condones group marriages, neither under the law nor as a common law marriage, but historically it has been practiced by some cultures of Polynesia, Asia, Papua New Guinea and the Americas – as well as in some intentional communities and alternative subcultures such as the Oneida Perfectionists in up-state New York. Of the 250 societies reported by the American anthropologist George P. Murdock in 1949, only the Caingang of Brazil had any group marriages at all.[35]
Child marriage
Main article: Child marriage
A child marriage is a marriage where one or both spouses are under the age of 18.[36][37] It is related to child betrothal and teenage pregnancy. Child marriage was common throughout history but is today condemned by international human rights organizations.[38][39][40] Child marriages are often arranged between the families of the future bride and groom, sometimes as soon as the girl is born.[38] Child marriages can also occur in the context of marriage by abduction.[38]
While child marriage is observed for both boys and girls, the overwhelming majority of child spouses are girls.[41] In many cases, only one marriage-partner is a child, usually the female, due to the importance placed upon female virginity.[38] Causes of child marriage include poverty, bride price, dowry, laws that allow child marriages, religious and social pressures, regional customs, fear of remaining unmarried, and perceived inability of women to work for money.
Today, child marriages are widespread in parts of the world; being most common in South Asia and sub-Saharan Africa, with more than half of the girls in some countries in those regions being married before 18.[38] The incidence of child marriage has been falling in most parts of the world. In developed countries child marriage is outlawed or restricted.
Girls who marry before 18 are at greater risk of becoming victims of domestic violence, than those who marry later, especially when they are married to a much older man.[40]
Same-sex and third gender marriages
Main articles: Same-sex marriage and History of same-sex unions
As noted above, several kinds of same gendered, non-sexual marriages exist in some lineage based societies; this section relates to same gendered sexual unions. However, some cultures include third gender (two-spirited or transgendered) individuals, such as the berdache of the Zuni in New Mexico; is the marriage between a berdache and a man a "same sex marriage"? We'wha, one of the most revered Zuni elders (an Ihamana, spiritual leader) served as an emissary of the Zuni to Washington, where he met President Grover Cleveland. We'wha had a husband who was generally recognized as such.[42]
While it is a relatively new practice to grant same-sex couples the same form of legal marital recognition as commonly granted to mixed-sex couples, there is some history of recorded same-sex unions around the world.[43][44] Ancient Greek same-sex relationships were like modern companionate marriages, unlike their different-sex marriages in which the spouses had few emotional ties, and the husband had freedom to engage in outside sexual liaisons. The Theodosian Code (C. Th. 9.7.3) issued in 438 CE imposed severe penalties or death on same-sex relationships[45] but the exact intent of the law and its relation to social practice is unclear, as only a few examples of same-sex marriage in that culture exist.[46] Same-sex unions were celebrated in some regions of China, such as Fujian.[47]
Temporary marriages
Several cultures have practiced temporary and conditional marriages. Examples include the Celtic practice of handfasting and fixed-term marriages in the Muslim community. Pre-Islamic Arabs practiced a form of temporary marriage that carries on today in the practice of Nikah Mut'ah, a fixed-term marriage contract. The Islamic prophet Muhammad sanctioned a temporary marriage – sigheh in Iran and muta'a in Iraq – which can provide a legitimizing cover for sex workers.[48] The same forms of temporary marriage have been used in Egypt, Lebanon and Iran to make the donation of a human ova legal for in vitro fertilization; a woman cannot, however, use this kind of marriage to obtain a sperm donation.[49] Muslim controversies related to Nikah Mut'ah have resulted in the practice being confined mostly to Shi'ite communities. The matrilineal Mosuo of China practice what they call "walking marriage".
Cohabitation
See also: Cohabitation and Common law marriage
In some jurisdictions cohabitation, in certain circumstances, may constitute a common-law marriage, an unregistered partnership, or otherwise provide the unmarried partners with various rights and responsibilities; and in some countries the laws recognize cohabitation in lieu of institutional marriage for taxation and social security benefits. This is the case, for example, in Australia.[50] Cohabitation may be an option pursued as a form of resistance to traditional institutionalized marriage. However, in this context, some nations reserve the right to define the relationship as marital, or otherwise to regulate the relation, even if the relation has not been registered with the state or a religious institution.[51]
Conversely, institutionalized marriages may not involve cohabitation. In some cases couples living together do not wish to be recognized as married. This may occur because pension or alimony rights are adversely affected; because of taxation considerations; because of immigration issues, or for other reasons. Such marriages have also been increasingly common in Beijing. Guo Jianmei, director of the center for women's studies at Beijing University, told a Newsday correspondent, "Walking marriages reflect sweeping changes in Chinese society." A "walking marriage" refers to a type of temporary marriage formed by the Mosuo of China, in which male partners live elsewhere and make nightly visits.[52] A similar arrangement in Saudi Arabia, called misyar marriage, also involves the husband and wife living separately but meeting regularly.[53]
Partner selection
There is wide cross-cultural variation in the social rules governing the selection of a partner for marriage. There is variation in the degree to which partner selection is an individual decision by the partners or a collective decision by the partners' kin groups, and there is variation in the rules regulating which partners are valid choices.
The United Nations World Fertility Report of 2003 reports that 89% of all people get married before age forty-nine.[54] The percent of women and men who marry before age forty-nine drops to nearly 50% in some nations and reaches 100% in other nations.[55]
In other cultures with less strict rules governing the groups from which a partner can be chosen the selection of a marriage partner may involve either the couple going through a selection process of courtship or the marriage may be arranged by the couple's parents or an outside party, a matchmaker.
Social status
Some people want to marry a person with higher or lower status than them. Others want to marry people who have similar status. In many societies women marry men who are of higher social status.[56] There are marriages where each party has sought a partner of similar status. There are other marriages in which the man is older than the woman.[57]
The incest taboo, exogamy and endogamy
Further information: Cousin marriage, Affinity (canon law), and Avunculate marriage
Societies have often placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. Marriages between parents and children, or between full siblings, with few exceptions,[58][59][60][61][62][63][64][65] have been considered incest and forbidden. However, marriages between more distant relatives have been much more common, with one estimate being that 80% of all marriages in history have been between second cousins or closer.[66] This proportion has fallen dramatically, but still more than 10% of all marriages are believed to be between first and second cousins.[67] In the United States, such marriages are now highly stigmatized, and laws ban most or all first-cousin marriage in 30 states. Specifics vary: in South Korea, historically it was illegal to marry someone with the same last name and same ancestral line.[68]
An Avunculate marriage is a marriage that occurs between an uncle and his niece or between an aunt and her nephew. Such marriages are illegal in most countries due to incest restrictions. However a small number of countries have legalized it, including Argentina, Australia, Austria, Malaysia,[69] and Russia.[70]
Family chart showing relatives who, in Islamic Sharia law, would be considered mahrim (or maharem): unmarriageable kin with whom sexual intercourse would be considered incestuous.
In various societies the choice of partner is often limited to suitable persons from specific social groups. In some societies the rule is that a partner is selected from an individual's own social group – endogamy, this is often the case in class and caste based societies. But in other societies a partner must be chosen from a different group than one's own – exogamy, this may be the case in societies practicing totemic religion where society is divided into several exogamous totemic clans, such as most Aboriginal Australian societies. In other societies a person is expected to marry their cross-cousin, a woman must marry her father's sister's son and a man must marry his mother's brother's daughter – this is often the case if either a society has a rule of tracing kinship exclusively through patrilineal or matrilineal descent groups as among the Akan people of West Africa. Another kind of marriage selection is the levirate marriage in which widows are obligated to marry their husband's brother, mostly found in societies where kinship is based on endogamous clan groups.
Religion has commonly weighed in on the matter of which relatives, if any, are allowed to marry. Relations may be by consanguinity or affinity, meaning by blood or by marriage. On the marriage of cousins, Catholic policy has evolved from initial acceptance, through a long period of general prohibition, to the contemporary requirement for a dispensation.[71] Islam has always allowed it, while Hindu strictures vary widely.[72][73]
Prescriptive marriage
Main article: Arranged marriage
An arranged marriage between Louis XIV of France and Maria Theresa of Spain.
In a wide array of lineage-based societies with a classificatory kinship system, potential spouses are sought from a specific class of relative as determined by a prescriptive marriage rule. This rule may be expressed by anthropologists using a "descriptive" kinship term, such as a "man's mother's brother's daughter" (also known as a "cross-cousin"). Such descriptive rules mask the participant's perspective: a man should marry a woman from his mother's lineage. Within the society's kinship terminology, such relatives are usually indicated by a specific term which sets them apart as potentially marriageable. Pierre Bourdieu notes, however, that very few marriages ever follow the rule, and that when they do so, it is for "practical kinship" reasons such as the preservation of family property, rather than the "official kinship" ideology.[74]
Insofar as regular marriages following prescriptive rules occur, lineages are linked together in fixed relationships; these ties between lineages may form political alliances in kinship dominated societies.[75] French structural anthropologist Claude Lévi-Strauss developed alliance theory to account for the "elementary" kinship structures created by the limited number of prescriptive marriage rules possible.[76]
A pragmatic (or 'arranged') marriage is made easier by formal procedures of family or group politics. A responsible authority sets up or encourages the marriage; they may, indeed, engage a professional matchmaker to find a suitable spouse for an unmarried person. The authority figure could be parents, family, a religious official, or a group consensus. In some cases, the authority figure may choose a match for purposes other than marital harmony.[citation needed]
Forced marriage
Main article: Forced marriage
Criticism about the Azeri society tradition from domestic violence to the social and political participation of women in the community
A forced marriage is a marriage in which one or both of the parties is married against their will. Forced marriages continue to be practiced in parts of the world, especially in South Asia and Africa. The line between forced marriage and consensual marriage may become blurred, because the social norms of these cultures dictate that one should never oppose the desire of one's parents/relatives in regard to the choice of a spouse; in such cultures it is not necessary for violence, threats, intimidation etc. to occur, the person simply "consents" to the marriage even if he/she doesn't want it, out of the implied social pressure and duty. The customs of bride price and dowry, that exist in parts of the world, can lead to buying and selling people into marriage.[77][78]
In some societies, ranging from Central Asia to the Caucasus to Africa, the custom of bride kidnapping still exists, in which a woman is captured by a man and his friends. Sometimes this covers an elopement, but sometimes it depends on sexual violence. In previous times, raptio was a larger-scale version of this, with groups of women captured by groups of men, sometimes in war; the most famous example is The Rape of the Sabine Women, which provided the first citizens of Rome with their wives.
Other marriage partners are more or less imposed on an individual. For example, widow inheritance provides a widow with another man from her late husband's brothers.
In rural areas of India, child marriage is practiced, with parents often arranging the wedding, sometimes even before the child is born.[79] This practice was made illegal under the Child Marriage Restraint Act of 1929.
Companionate marriage
Main article: Love marriage
Eva Illouz argues that the 'love' (companionate) marriage emerged at the same time as the rise of capitalism in European and American society. 'Love' is not the raw emotion that Western representations make it out to be, but a cultural construction shaped by the social and economic conditions of modern industrial society. Industrialization weakened the ties between extended families, and made the nuclear family the norm. In this view, love is a culturally constructed label for physiological arousal that is shrouded in cultural symbols that situate the emerging relationship within a particular set of cultural expectations – one of which leads to marriage as an institution. These cultural expectations are shaped by a number of cultural industries, such as advertising, film and television, and the 'wedding industry'.[80] Until the turn of the twentieth century, marriage was viewed as one of the most important financial decisions of one's life, determined in large part by property transfers such as dowry (or dower), and romantic love was viewed as disruptive of the rational economic decision making needed. Under the development of capitalism, this changed:
Romantic love, then, precedes capitalism per se but articulates two leitmotifs that will later resonate with capitalism's central ideological themes. One concerns the sovereignty of the individual vis à vis the group, such sovereignty being affirmed in illicit sexual choices and in the lovers' refusal to conform to the rules of endogamy set by the group. The other concerns the distinction central to bourgeois ideology between interest and sentiments, selfishness and selflessness, embodied respectively in the public and private spheres. In this division, romantic love asserts the privilege of sentiments over social and economic interests, of gratuity over profit, of abundance over the deprivations caused by accumulation. In proclaiming the supremacy of human relationships governed by the disinterested gift of oneself, love not only celebrates the fusion of individual souls and bodies but also opens the possibility of an alternative social order. Love thus projects an aura of transgression and both promises and demands a better world.[81]
Economic considerations
See also: Economics of marriage and Family economics
The financial aspects of marriage vary between cultures and have changed over time.
In some cultures, dowries and bridewealth continue to be required today. In both cases, the financial arrangements are usually made between the groom (or his family) and the bride's family; with the bride often not being involved in the negotiations, and often not having a choice in whether to participate in the marriage.
In Early Modern Britain, the social status of the couple was supposed to be equal. After the marriage, all the property (called "fortune") and expected inheritances of the wife belonged to the husband.
Dowry
Main article: Dowry
A dowry is "a process whereby parental property is distributed to a daughter at her marriage (i.e. inter vivos) rather than at the holder's death (mortis causa)… A dowry establishes some variety of conjugal fund, the nature of which may vary widely. This fund ensures her support (or endowment) in widowhood and eventually goes to provide for her sons and daughters."[82]
In some cultures, especially in South Asia, in countries such as India, Bangladesh, Pakistan, Sri Lanka and Nepal, dowries continue to be expected. In India, nearly 7,000 women were killed in 2001 over dowries,[83] and activists believe that figures represent a third of the actual number of such murders.[84] Dowry related violence is a problem in several places (see dowry deaths), and, in response to violent incidents regarding the practice, several jurisdictions have enacted laws restricting or banning dowry (see Dowry law in India). In Nepal, dowry has been made illegal in 2009.[85] Some authors believe that the giving and receiving of dowry reflects the status and even the effort to climb high in social hierarchy.[86]
Dower
Main articles: Bride price and Dower
Direct Dowry contrasts with bridewealth, which is paid by the groom or his family to the bride's parents, and with indirect dowry (or dower), which is property given to the bride herself by the groom at the time of marriage and which remains under her ownership and control.[87]
In the Jewish tradition, the rabbis in ancient times insisted on the marriage couple entering into a prenuptial agreement, called a ketubah. Besides other things, the ketubah provided for an amount to be paid by the husband in the event of a divorce or his estate in the event of his death. This amount was a replacement of the biblical dower or bride price, which was payable at the time of the marriage by the groom to the father of the bride.[citation needed] [Exodus 22:15–16] This innovation was put in place because the biblical bride price created a major social problem: many young prospective husbands could not raise the bride price at the time when they would normally be expected to marry. So, to enable these young men to marry, the rabbis, in effect, delayed the time that the amount would be payable, when they would be more likely to have the sum. It may also be noted that both the dower and the ketubah amounts served the same purpose: the protection for the wife should her support cease, either by death or divorce. The only difference between the two systems was the timing of the payment. It is the predecessor to the wife's present-day entitlement to maintenance in the event of the breakup of marriage, and family maintenance in the event of the husband not providing adequately for the wife in his will. Another function performed by the ketubah amount was to provide a disincentive for the husband contemplating divorcing his wife: he would need to have the amount to be able to pay to the wife.
Morning gifts, which might also be arranged by the bride's father rather than the bride, are given to the bride herself; the name derives from the Germanic tribal custom of giving them the morning after the wedding night. She might have control of this morning gift during the lifetime of her husband, but is entitled to it when widowed. If the amount of her inheritance is settled by law rather than agreement, it may be called dower. Depending on legal systems and the exact arrangement, she may not be entitled to dispose of it after her death, and may lose the property if she remarries. Morning gifts were preserved for centuries in morganatic marriage, a union where the wife's inferior social status was held to prohibit her children from inheriting a noble's titles or estates. In this case, the morning gift would support the wife and children. Another legal provision for widowhood was jointure, in which property, often land, would be held in joint tenancy, so that it would automatically go to the widow on her husband's death.
Islamic tradition has similar practices. A 'mahr', either immediate or deferred, is the woman's portion of the groom's wealth (divorce) or estate (death). These amounts are usually set on the basis of the groom's own and family wealth and incomes, but in some parts these are set very high so as to provide a disincentive for the groom exercising the divorce, or the husband's family 'inheriting' a large portion of the estate, especially if there are no male offspring from the marriage. In some countries, including Iran, the mahr or alimony can amount to more than a man can ever hope to earn, sometimes up to US$1,000,000 (4000 official Iranian gold coins). If the husband cannot pay the mahr, either in case of a divorce or on demand, according to the current laws in Iran, he will have to pay it by installments. Failure to pay the mahr might even lead to imprisonment.[88]
Bridewealth
Main article: Bride price
Traditional, formal presentation of the bridewealth (also known as "sin sot") at an engagement ceremony in Thailand
Bridewealth is a common practice in parts of South-East Asia (Thailand, Cambodia), parts of Central Asia, and in much of sub-Saharan Africa. It is also known as brideprice although this has fallen in disfavor as it implies the purchase of the bride. Bridewealth is the amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom. In anthropological literature, bride price has often been explained as payment made to compensate the bride's family for the loss of her labor and fertility. In some cases, bridewealth is a means by which the groom's family's ties to the children of the union are recognized.
Taxation
In some countries a married person or couple benefits from various taxation advantages not available to a single person. For example, spouses may be allowed to average their combined incomes. This is advantageous to a married couple with disparate incomes. To compensate for this, countries may provide a higher tax bracket for the averaged income of a married couple. While income averaging might still benefit a married couple with a stay-at-home spouse, such averaging would cause a married couple with roughly equal personal incomes to pay more total tax than they would as two single persons. In the United States, this is called the marriage penalty.[citation needed]
When the rates applied by the tax code are not based income averaging, but rather on the sum of individuals' incomes, higher rates will usually apply to each individual in a two-earner households in a progressive tax systems. This is most often the case with high-income taxpayers and is another situation called a marriage penalty.[citation needed]
Conversely, when progressive tax is levied on the individual with no consideration for the partnership, dual-income couples fare much better than single-income couples with similar household incomes. The effect can be increased when the welfare system treats the same income as a shared income thereby denying welfare access to the non-earning spouse. Such systems apply in Australia and Canada, for example.[citation needed]
Post-marital residence
In many Western cultures, marriage usually leads to the formation of a new household comprising the married couple, with the married couple living together in the same home, often sharing the same bed, but in some other cultures this is not the tradition.[89] Among the Minangkabau of West Sumatra, residency after marriage is matrilocal, with the husband moving into the household of his wife's mother.[90] Residency after marriage can also be patrilocal or avunculocal. In these cases, married couples may not form an independent household, but remain part of an extended family household.
Early theories explaining the determinants of postmarital residence[91] connected it with the sexual division of labor. However, to date, cross-cultural tests of this hypothesis using worldwide samples have failed to find any significant relationship between these two variables. However, Korotayev's tests show that the female contribution to subsistence does correlate significantly with matrilocal residence in general. However, this correlation is masked by a general polygyny factor.
Although an increase in the female contribution to subsistence tends to lead to matrilocal residence, it also tends simultaneously to lead to general non-sororal polygyny which effectively destroys matrilocality. If this polygyny factor is controlled (e.g., through a multiple regression model), division of labor turns out to be a significant predictor of postmarital residence. Thus, Murdock's hypotheses regarding the relationships between the sexual division of labor and postmarital residence were basically correct, though[92] the actual relationships between those two groups of variables are more complicated than he expected.[93][94]
There has been a trend toward the neolocal residence in western societies.[95]
Marriage law
Family law
Family
Marriage and other
equivalent or similar unions and status
Marriage ·
Types of marriages
Prenuptial agreement ·
Cohabitation
Civil union ·
Domestic partnership
Validity of marriages
Void and Voidable marriages ·
Annulment
Dissolution of marriages
Divorce ·
Adultery ·
Grounds for divorce ·
Matrimonial Causes Act ·
Legal separation ·
Alimony ·
Parenting plan ·
Residence (UK (E.W. and NI))
Parental rights ·
Custody Evaluator (U.S.) ·
Parenting coordinator (U.S.)
Other issues
Paternity ·
Legitimacy ·
Child custody
Legal guardian ·
Adoption ·
Child support
Contact & Visitation
CAFCASS (UK (E.W.))
Grandparent visitation
U.N. Rights of the Child ·
Children's rights
Emancipation ·
Foster care ·
Ward
Parental child abduction
Private international law
Private international law ·
Divorce ·
Marriage ·
Hague Convention (adoption) ·
International child abduction
Hague Convention (child abduction)
The Family and the Criminal Code
(or Criminal Law)
Paternity fraud ·
Bigamy
CPS (U.S.) ·
Child abuse
Domestic violence ·
Incest ·
Child-selling
v ·
t ·
e
Main article: Marriage law
Marriage laws refer to the legal requirements which determine the validity of a marriage, which vary considerably between countries.
Rights and obligations
See also: Matrimonial regime and Rights and responsibilities of marriages in the United States
A marriage bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties (in-laws). These may include, depending on jurisdiction:
Giving a husband/wife or his/her family control over a spouse's sexual services, labor, and property.
Giving a husband/wife responsibility for a spouse's debts.
Giving a husband/wife visitation rights when his/her spouse is incarcerated or hospitalized.
Giving a husband/wife control over his/her spouse's affairs when the spouse is incapacitated.
Establishing the second legal guardian of a parent's child.
Establishing a joint fund of property for the benefit of children.
Establishing a relationship between the families of the spouses.
These rights and obligations vary considerably between societies, and between groups within society.[96] These might include arranged marriages, family obligations, the legal establishment of a nuclear family unit, the legal protection of children and public declaration of commitment.[97][98]
Property regime
In many countries today, each marriage partner has the choice of keeping his or her property separate or combining properties. In the latter case, called community property, when the marriage ends by divorce each owns half. In lieu of a will or trust, property owned by the deceased generally is inherited by the surviving spouse.
In some legal systems, the partners in a marriage are "jointly liable" for the debts of the marriage. This has a basis in a traditional legal notion called the "Doctrine of Necessities" whereby a husband was responsible to provide necessary things for his wife. Where this is the case, one partner may be sued to collect a debt for which they did not expressly contract. Critics of this practice note that debt collection agencies can abuse this by claiming an unreasonably wide range of debts to be expenses of the marriage. The cost of defense and the burden of proof is then placed on the non-contracting party to prove that the expense is not a debt of the family. The respective maintenance obligations, both during and eventually after a marriage, are regulated in most jurisdictions; alimony is one such method.
Marriage restrictions
Marriage is an institution that is historically filled with restrictions. From age, to race, to social status, to consanguinity, to gender, restrictions are placed on marriage by society for reasons of benefiting the children, passing on healthy genes, maintaining cultural values, or because of prejudice and fear. Almost all cultures that recognize marriage also recognize adultery as a violation of the terms of marriage.[99]
Age
Most jurisdictions set a minimum age for marriage, that is, a person must attain a certain age to be legally allowed to marry. This age may depend on circumstances, for instance exceptions from the general rule may be permitted if the parents of a young person express their consent and/or if a court decides that said marriage is in the best interest of the young person (often this applies in cases where a girl is pregnant). Although most age restrictions are in place in order to prevent children from being forced into marriages, especially to much older partners – marriages which can have negative education and health related consequences, and lead to child sexual abuse and other forms of violence[100] – such child marriages remain common in parts of the world. According to the UN, child marriages are most common in rural sub-Saharan Africa and South Asia. The ten countries with the highest rates of child marriage are: Niger (75%), Chad, Central African Republic, Bangladesh, Guinea, Mozambique, Mali, Burkina Faso, South Sudan, and Malawi.[101]
Race
U.S States, by the date of repeal of anti-miscegenation laws:
No laws passed
Repealed before 1887
Repealed between 1948 to 1967
Overturned on 12 June 1967
Main article: Interracial marriage
Laws banning "race-mixing" were enforced in certain North American jurisdictions from 1691[102] until 1967, in Nazi Germany (The Nuremberg Laws) from 1935 until 1945, and in South Africa during most part of the Apartheid era (1949–1985). All these laws primarily banned marriage between persons of different racially or ethnically defined groups, which was termed "amalgamation" or "miscegenation" in the U.S. The laws in Nazi Germany and many of the U.S. states, as well as South Africa, also banned sexual relations between such individuals.
In the United States, laws in some but not all of the states prohibited the marriage of whites and blacks, and in many states also the intermarriage of whites with Native Americans or Asians.[103] In the U.S., such laws were known as anti-miscegenation laws. From 1913 until 1948, 30 out of the then 48 states enforced such laws.[104] Although an "Anti-Miscegenation Amendment" to the United States Constitution was proposed in 1871, in 1912–1913, and in 1928,[105][106] no nation-wide law against racially mixed marriages was ever enacted. In 1967, the United States Supreme Court unanimously ruled in Loving v. Virginia that anti-miscegenation laws are unconstitutional. With this ruling, these laws were no longer in effect in the remaining 16 states that still had them.
The Nazi ban on interracial marriage and interracial sex was enacted in September 1935 as part of the Nuremberg Laws, the Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre (The Law for the Protection of German Blood and German Honour). The Nuremberg Laws classified Jews as a race, and forbade marriage and extramarital sexual relations at first with people of Jewish descent, but was later ended to the "Gypsies, Negroes or their bastard offspring" and people of "German or related blood".[107] Such relations was marked as Rassenschande (lit. "race-disgrace") and could be punished by imprisonment (usually followed by deportation to a concentration camp) and even by death.
South Africa under apartheid also banned interracial marriage. The Prohibition of Mixed Marriages Act of 1949 prohibited marriage between persons of different races, and the Immorality Act of 1950 made sexual relations with a person of a different race a criminal offence.
Same-sex marriage recognition
Marriage open to same-sex couples (ring = individual cases)1
Recognized when performed in certain other jurisdictions (ring = individual cases)
Government/court announced intention to recognize
Federal recognition of marriages at the state level
Civil unions
Unregistered cohabitation1
Same-sex unions not legally recognized
(Colors higher in the list override those lower down.)
1Includes laws that haven't gone into effect.
Main article: Same-sex marriage
The first laws in modern times recognizing same-sex marriage were enacted during the first decade of the 21st century. As of March 2015, seventeen countries (Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Luxembourg, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, the United Kingdom and Uruguay) and several sub-national jurisdictions (parts of Mexico and a majority of the U.S. states) allow same-sex couples to marry. Finland has enacted a law to legalize same-sex marriage which will come into force in March 2017. Bills allowing legal recognition of same-sex marriage have been proposed, are pending, or have passed at least one legislative house in Austria, Australia, Chile, Germany, Ireland, Slovenia, Switzerland, Taiwan and Venezuela, as well as in the legislatures of several sub-national jurisdictions (parts of Australia, Mexico, and the United States).
Introduction of same-sex marriage laws has varied by jurisdiction, being variously accomplished through a legislative change to marriage laws, a court ruling based on constitutional guarantees of equality, or by direct popular vote (via a ballot initiative or a referendum). The recognition of same-sex marriage is a political, social, civil rights and religious issue in many nations, and debates continue to arise over whether same-sex couples should be allowed marriage, be required to hold a different status (a civil union), or be denied recognition of such rights. Allowing same-gender couples to legally marry is considered to be one of the most important of all LGBT rights. It is a relatively new practice that same-sex couples are being granted the same form of legal marital recognition available to mixed-sexed couples. In the United States, the 1996 Defense of Marriage Act (DOMA) explicitly defined marriage for the purposes of federal law as between a man and a woman and allowed states to ignore same-sex marriages from other states.[108][109] Section 3 of the law was struck down in United States v. Windsor (2013) which prevented the Federal Government form recognizing same-sex marriage. Section 2, which allows states to not recognize same-sex marriage in other states is still in effect.[110] As of June 2013, thirty-six US states currently define marriage as between a man and a woman.[111] Three of those states have statutory language that pre-dates DOMA (enacted before 1996) defining marriage as such. Thirty states have defined marriage in their constitutions. Arizona defeated a constitutional amendment defining marriage as only between a man and a woman (2006), but it subsequently passed one in 2008.[112] In 2012, Minnesota defeated a similar amendment, and enacted legislation to legalize same-sex marriages in May 2013.[113]
Number of spouses in a marriage
Polygamy permitted and practiced
Legal status unknown or ambiguous
Polygamy generally illegal, but practice not fully criminalised
Polygamy fully outlawed/abolished and practice fully criminalised
Notes: 1India, Singapore, and Sri Lanka: illegal in all forms, except for Muslims.
2Federal Eritrea: law bans polygamous marriage but certain countries and regions with Sharia allow it. Muslims only may legally contract polygamous marriages.
3Mauritius: polygamous unions are not legally recognized. Muslim men may "marry" up to four women, who do not however enjoy the legal status of wives.
Main article: Legal status of polygamy
Polygyny is widely practiced in mostly Muslim and African countries.[114][115] In the Middle Eastern region, Israel, Turkey and Tunisia are notable exceptions.[116]
In most other jurisdictions, polygamy is illegal. For example, In the United States, polygamy is illegal in all 50 states.[117]
Over a century ago, citizens of the self-governing territory of what is present-day Utah were forced by the United States federal government to abandon the practice of polygamy through the vigorous enforcement of several Acts of Congress and eventually complied. The Church of Jesus Christ of Latter-day Saints formally abolished the practice in 1890, in a document labeled 'The Manifesto'.[118] Among American Muslims, a small minority of around 50,000 to 100,000 people are estimated to live in families with a husband maintaining an illegal polygamous relationship.[117]
Several countries such as India and Sri Lanka,[119] permit only their Islamic citizens to practice polygny. Some Indians have converted to Islam in order to bypass such legal restrictions.[120] Predominantly Christian nations usually do not allow polygamous unions, with a handful of exceptions being the Republic of the Congo, Uganda, and Zambia. Myanmar (frequently referred to as Burma) is also the only predominately Buddhist nation to allow for civil polygynous marriages, though such is rarely tolerated by the Burmese population.[121]
State recognition
In various jurisdictions, a civil marriage may take place as part of the religious marriage ceremony, although they are theoretically distinct. Some jurisdictions allow civil marriages in circumstances which are notably not allowed by particular religions, such as same-sex marriages or civil unions.
The opposite case may happen as well. Partners may not have full juridical acting capacity and churches may have less strict limits than the civil jurisdictions. This particularly applies to minimum age, or physical infirmities.[citation needed][clarification needed]
It is possible for two people to be recognised as married by a religious or other institution, but not by the state, and hence without the legal rights and obligations of marriage; or to have a civil marriage deemed invalid and sinful by a religion. Similarly, a couple may remain married in religious eyes after a civil divorce.
Marriage license, civil ceremony and registration
Main article: Wedding
Couple married in a Shinto ceremony in Takayama, Gifu prefecture.
A marriage is usually formalized at a wedding or marriage ceremony. The ceremony may be officiated either by a religious official, by a government official or by a state approved celebrant. In various European and some Latin American countries, any religious ceremony must be held separately from the required civil ceremony. Some countries – such as Belgium, Bulgaria, France, the Netherlands, Romania and Turkey[122] – require that a civil ceremony take place before any religious one. In some countries – notably the United States, Canada, the United Kingdom, the Republic of Ireland, Norway and Spain – both ceremonies can be held together; the officiant at the religious and civil ceremony also serving as agent of the state to perform the civil ceremony. To avoid any implication that the state is "recognizing" a religious marriage (which is prohibited in some countries) – the "civil" ceremony is said to be taking place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If the civil element of the religious ceremony is omitted, the marriage ceremony is not recognized as a marriage by government under the law.
Some countries, such as Australia, permit marriages to be held in private and at any location; others, including England and Wales, require that the civil ceremony be conducted in a place open to the public and specially sanctioned by law for the purpose. In England, the place of marriage formerly had to be a church or register office, but this was extended to any public venue with the necessary licence. An exception can be made in the case of marriage by special emergency license (UK: licence), which is normally granted only when one of the parties is terminally ill. Rules about where and when persons can marry vary from place to place. Some regulations require one of the parties to reside within the jurisdiction of the register office (formerly parish).
Each religious authority has rules for the manner in which marriages are to be conducted by their officials and members. Where religious marriages are recognised by the state, the officiator must also conform with the law of the jurisdiction.
Common-law marriage
See also: Common-law marriage
In a small number of jurisdictions marriage relationships may be created by the operation of the law alone.[citation needed] Unlike the typical ceremonial marriage with legal contract, wedding ceremony, and other details, a common-law marriage may be called "marriage by habit and repute (cohabitation)." A de facto common-law marriage without a license or ceremony is legally binding in some jurisdictions but has no legal consequence in others.[123]
Civil unions
Various advocates of same-sex marriage, such as this protester at a demonstration in New York City against California Proposition 8, consider civil unions an inferior alternative to legal recognition of same-sex marriage.[124]
Main article: Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in several countries in order to provide same-sex couples rights, benefits, and responsibilities similar (in some countries, identical) to opposite-sex civil marriage. In some jurisdictions, such as Brazil, New Zealand, Uruguay, Ecuador, France and the U.S. states of Hawaii and Illinois, civil unions are also open to opposite-sex couples.
"Marriage of convenience"
Sometimes people marry to take advantage of a certain situation, sometimes called a marriage of convenience or a sham marriage. For example, according to one publisher of information about "green card" marriages, "Every year over 450,000 United States citizens marry foreign-born individuals and petition for them to obtain a permanent residency (Green Card) in the United States." While this is likely an overestimate, in 2003 alone 184,741 immigrants were admitted to the U.S. as spouses of U.S. citizens.[125] More were admitted as fiancés of US citizens for the purpose of being married within 90 days. Regardless of the number of people entering the US to marry a US citizen, it does not indicate the number of these marriages that are convenience marriages, which number could include some of those with the motive of obtaining permanent residency, but also include people who are US citizens. One example would be to obtain an inheritance that has a marriage clause. Another example would be to save money on health insurance or to enter a health plan with preexisting conditions offered by the new spouse's employer. Other situations exist, and, in fact, all marriages have a complex combination of conveniences motivating the parties to marry. A marriage of convenience is one that is devoid of normal reasons to marry. In certain countries like Singapore sham marriages like these are punishable criminal offences.[126]
Contemporary legal and human rights criticisms of marriage
"Esposas de Matrimonio" ("Wedding Cuffs"), a wedding ring sculpture expressing the criticism of marriages' effects on individual liberty. Esposas is a play on Spanish, in which the singular form of the word esposa refers to a spouse, and the plural refers to handcuffs.
Main article: Criticism of marriage
People have proposed arguments against marriage for reasons that include political, philosophical and religious criticisms; concerns about the divorce rate; individual liberty and gender equality; questioning the necessity of having a personal relationship sanctioned by government or religious authorities; or the promotion of celibacy for religious or philosophical reasons.
Power and gender roles
Feminist theory approaches opposite-sex marriage as an institution traditionally rooted in patriarchy that promotes male superiority and power over women. This power dynamic conceptualizes men as "the provider operating in the public sphere" and women as "the caregivers operating within the private sphere".[127] "Theoretically, women ... [were] defined as the property of their husbands .... The adultery of a woman was always treated with more severity than that of a man."[128] "[F]eminist demands for a wife's control over her own property were not met [in parts of Britain] until ... [laws were passed in the late 19th century]."[129]
Traditional marriage imposed an obligation of the wife to be sexually available for her husband and an obligation of the husband to provide material/financial support for the wife. Numerous philosophers, feminists and other academic figures have commented on this throughout history, condemning the hypocrisy of legal and religious authorities in regard to sexual issues; pointing to the lack of choice of a woman in regard to controlling her own sexuality; and drawing parallels between marriage, an institution promoted as sacred, and prostitution, widely condemned and vilified (though often tolerated as a "necessary evil"). Mary Wollstonecraft, in the 18th century, described marriage as "legal prostitution".[130] Emma Goldman wrote in 1910: "To the moralist prostitution does not consist so much in the fact that the woman sells her body, but rather that she sells it out of wedlock".[131] Bertrand Russell in his book Marriage and Morals wrote that:"Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution."[132] Angela Carter in Nights at the Circus wrote: "What is marriage but prostitution to one man instead of many?"[133]
Some critics object to what they see as propaganda in relation to marriage – from the government, religious organizations, the media – which aggressively promote marriage as a solution for all social problems; such propaganda includes, for instance, marriage promotion in schools, where children, especially girls, are bombarded with positive information about marriage, being presented only with the information prepared by authorities.[134][135]
The performance of dominant gender roles by men and submissive gender roles by women influence the power dynamic of a marriage.[136] In some American households, women internalize gender role stereotypes and often assimilate into the role of "wife", "mother", and "caretaker" in conformity to societal norms and their male partner. Author bell hooks states "within the family structure, individuals learn to accept sexist oppression as 'natural' and are primed to support other forms of oppression, including heterosexist domination."[137] "[T]he cultural, economic, political and legal supremacy of the husband" was "[t]raditional ... under English law".[138] This patriarchal dynamic is contrasted with a conception of egalitarian or Peer Marriage in which power and labour are divided equally, and not according to gender roles.[127]
In the US, studies have shown that, despite egalitarian ideals being common, less than half of respondents viewed their opposite-sex relationships as equal in power, with unequal relationships being more commonly dominated by the male partner.[139] Studies also show that married couples find the highest level of satisfaction in egalitarian relationships and lowest levels of satisfaction in wife dominate relationships.[139] In recent years, egalitarian or Peer Marriages have been receiving increasing focus and attention politically, economically and culturally in a number of countries, including the United States.
Sex outside of marriage
See also: Chastity and Adultery
Christ and the woman taken in adultery by Jan Brueghel the Elder, Pinakothek
Different societies demonstrate variable tolerance of extramarital sex. The Standard Cross-Cultural Sample describes the occurrence of extramarital sex by gender in over 50 pre-industrial cultures.[140][141] The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures. The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional" in 9 cultures, and "uncommon" in 15 cultures. Three studies using nationally representative samples in the United States found that between 10–15% of women and 20–25% of men engage in extramarital sex.[142][143][144]
Many of the world's major religions look with disfavor on sexual relations outside marriage.[145] There are non-secular states that sanction criminal penalties for sexual intercourse before marriage.[citation needed] Sexual relations by a married person with someone other than his/her spouse is known as adultery. Adultery is considered in many jurisdictions to be a crime and grounds for divorce.
In some countries, such as Saudi Arabia, Pakistan,[146] Afghanistan,[147][148] Iran,[148] Kuwait,[149] Maldives,[150] Morocco,[151] Oman,[152] Mauritania,[153] United Arab Emirates,[154][155] Sudan,[156] Yemen,[157] any form of sexual activity outside marriage is illegal.
In some parts of the world, women and girls accused of having sexual relations outside marriage are at risk of becoming victims of honor killings committed by their families.[158][159] In 2011 several people were sentenced to death by stoning after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali and Pakistan.[160][161][162][163][164][165][166][167][168] Practices such as honor killings and stoning continue to be supported by mainstream politicians and other officials in some countries. In Pakistan, after the 2008 Balochistan honour killings in which five women were killed by tribesmen of the Umrani Tribe of Balochistan, Pakistani Federal Minister for Postal Services Israr Ullah Zehri defended the practice; he said:[169] "These are centuries-old traditions, and I will continue to defend them. Only those who indulge in immoral acts should be afraid."[170]
Marriage and sexual violence
Main article: Marital rape
An issue that is a serious concern regarding marriage and which has been the object of international scrutiny is that of sexual violence within marriage. Throughout much of the history, in most cultures, sex in marriage was considered a 'right', that could be taken by force (often by a man from a women), if 'denied'. As the concept of human rights started to develop in the 20th century, and with the arrival of second wave feminism, such views have become less widely held.
The legal and social concept of marital rape has developed in most industrialized countries in the mid to late 20th century; in many other parts of the world it is not recognized as a form of abuse, socially or legally. Several countries in Eastern Europe and Scandinavia made marital rape illegal before 1970, and other countries in Western Europe and the English-speaking Western World outlawed it in the 1980s and 1990s. In England and Wales, marital rape was made illegal in 1991. Although marital rape is being increasingly criminalized in developing countries too, cultural, religious, and traditional ideologies about "conjugal rights" remain very strong in many parts of the world; and even in many countries that have adequate laws against rape in marriage these laws are rarely enforced.
Apart from the issue of rape committed against one's spouse, marriage is, in many parts of the world, closely connected with other forms of sexual violence: in some places, like Morocco, unmarried girls and women who are raped are often forced by their families to marry their rapist. Because being the victim of rape and losing virginity carry extreme social stigma, and the victims are deemed to have their "reputation" tarnished, a marriage with the rapist is arranged. This is claimed to be in the advantage of both the victim – who does not remain unmarried and doesn't lose social status – and of the rapist, who avoids punishment. In 2012, after a Moroccan 16-year-old girl committed suicide after having been forced by her family to marry her rapist and enduring further abuse by the rapist after they married, there have been protests from activists against this practice which is common in Morocco.[171]
In some societies, the very high social and religious importance of marital fidelity, especially female fidelity, has as result the criminalization of adultery, often with harsh penalties such as stoning or flogging; as well as leniency towards punishment of violence related to infidelity (such as honor killings).[172] In the 21st century, criminal laws against adultery have become controversial with international organizations calling for their abolition.[173][174] Opponents of adultery laws argue that these laws are a major contributor to discrimination and violence against women, as they are enforced selectively mostly against women; that they prevent women from reporting sexual violence; and that they maintain social norms which justify violent crimes committed against women by husbands, families and communities. A Joint Statement by the United Nations Working Group on discrimination against women in law and in practice states that "Adultery as a criminal offence violates women's human rights".[174] Some human rights organizations argue that the criminalization of adultery also violates internationally recognized protections for private life, as it represents an arbitrary interference with an individual's privacy, which is not permitted under international law.[175]
Marriage laws, human rights and the global status of women
The laws surrounding marriage in many countries have come under international scrutiny because they contradict international standards of human rights; institutionalize violence against women, child marriage and forced marriage; require the permission of a husband for his wife to work in a paid job, sign legal documents, file criminal charges against someone, sue in civil court etc.; sanction the use by husbands of violence to "discipline" their wives; and discriminate against women in divorce.[176][177][178]
Such things were legal even in many Western countries until recently: for instance, in France, married women obtained the right to work without their husband's permission in 1965,[179][180][181] and in West Germany women obtained this right in 1977 (by comparison women in East Germany had much more rights).[182][183] In Spain, during Franco's era, a married woman needed her husband's consent, referred to as the permiso marital, for almost all economic activities, including employment, ownership of property, and even traveling away from home; the permiso marital was abolished in 1975.[184]
An absolute submission of a wife to her husband is accepted as natural in many parts of the world, for instance surveys by UNICEF have shown that the percentage of women aged 15–49 who think that a husband is justified in hitting or beating his wife under certain circumstances is as high as 90% in Afghanistan and Jordan, 87% in Mali, 86% in Guinea and Timor-Leste, 81% in Laos, 80% in Central African Republic.[185] Detailed results from Afghanistan show that 78.4% of women agree with a beating if the wife "goes out without telling him [the husband]" and 76.2% agree "if she argues with him".[186]
In some countries of the world the laws go as far as allowing a husband to kill his wife, in certain circumstances, such as in case of adultery. In Haiti for instance, a husband has such a right: the criminal code excuses a husband who kills his wife or her lover if they are caught in his home, but a wife who kills her husband under similar circumstances is subject to criminal prosecution.[187]
Dowry and bridewealth
Anti-dowry poster in Bangalore, India
In recent years, the customs of dowry and bride price have received international criticism for inciting conflicts between families and clans; contributing to violence against women; promoting materialism; increasing property crimes (where men steal goods such as cattle in order to be able to pay the bride price); and making it difficult for poor people to marry. African women's rights campaigners advocate the abolishing of bride price, which they argue is based on the idea that women are a form of property which can be bought.[188] Bride price has also been criticized for contributing to child trafficking as impoverished parents sell their young daughters to rich older men.[189] A senior Papua New Guinea police officer has called for the abolishing of bride price arguing that it is one of the main reasons for the mistreatment of women in that country.[190] The opposite practice of dowry has been linked to a high level of violence (see dowry deaths) and to crimes such as extortion.[191]
Children born outside marriage
Historically, and still in many countries, children born outside marriage suffered severe social stigma and discrimination. In England and Wales, such children were known as bastards and whoresons.
There are significant differences between world regions in regard to the social and legal position of non-marital births, ranging from being fully accepted and uncontroversial to being severely stigmatized and discriminated.[192][193]
The 1975 European Convention on the Legal Status of Children Born out of Wedlock protects the rights of children born to unmarried parents.[194] The convention states, among others, that,: "The father and mother of a child born out of wedlock shall have the same obligation to maintain the child as if it were born in wedlock" and that "A child born out of wedlock shall have the same right of succession in the estate of its father and its mother and of a member of its father's or mother's family, as if it had been born in wedlock."[195]
While in most Western countries legal inequalities between children born inside and outside marriage have largely been abolished, this is not the case in some parts of the world.
The legal status of an unmarried father differs greatly from country to country. Without voluntary formal recognition of the child by the father, in most cases there is a need of due process of law in order to establish paternity. In some countries however, unmarried cohabitation of a couple for a specific period of time does create a presumption of paternity similar to that of formal marriage. This is the case in Australia.[196] Under what circumstances can a paternity action be initiated, the rights and responsibilities of a father once paternity has been established (whether he can obtain parental responsibility and weather he can be forced to support the child) as well as the legal position of a father who voluntarily acknowledges the child, vary widely by jurisdiction. A special situation arises when a married woman has a child by a man other than her husband. Some countries, such as Israel, refuse to accept a legal challenge of paternity in such a circumstance, in order to avoid the stigmatization of the child (see Mamzer, a concept under Jewish law). In 2010, the European Court of Human Rights ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him to see the children.[197]
The steps that an unmarried father must take in order to obtain rights to his child vary by country. In some countries (such as the UK – since 2003 in England and Wales, 2006 in Scotland, and 2002 in Northern Ireland) it is sufficient for the father to be listed on the birth certificate for him to have parental rights;[198] in other countries, such as Ireland, simply being listed on the birth certificate does not offer any rights, additional legal steps must be taken (if the mother agrees, the parents can both sign a "statutory declaration", but if the mother does not agree, the father has to apply to court).[199]
Children born outside marriage have become more common, and in some countries, the majority. Recent data from Latin America showed figures for non-marital childbearing to be 74% for Colombia, 69% for Peru, 68% for Chile, 66% for Brazil, 58% for Argentina, 55% for Mexico.[200][201] In Europe, in 2011, the highest levels of extramarital births were found in Northern Europe and some countries of the former Communist Bloc: Iceland (65%), Estonia (59.7%), Slovenia (56.8%), Bulgaria (56.1%), Norway (55%), Sweden (54.2%).[202] Data from 2011 showed that in that year, in the European Union, 39.5% of births were to unmarried women.[202] Greece had the lowest proportion of births outside marriage, at 7.4% in 2011.[202] In the United States, in 2010, 40.8% of births were to unmarried women.[203][204][205] In the United Kingdom 47.3% of births were to unmarried women in 2011; in Ireland the figure was 33.7%.[202]
Some married couples choose not to have children. Others are unable to have children because of infertility or other factors preventing conception or the bearing of children. In some cultures, marriage imposes an obligation on women to bear children. In northern Ghana, for example, payment of bridewealth signifies a woman's requirement to bear children, and women using birth control face substantial threats of physical abuse and reprisals.[206]
Marriage privatization
Main article: Marriage privatization
Some minarchists, anarchists, libertarians, liberals and opponents of government interventionism propose that the state should have no authority to define the terms of personal relationships such as marriage. They claim that such relationships are best defined by private individuals.[citation needed]
Marriage and religion
“ Marriage is the union of two different surnames, in friendship and in love, in order to continue the posterity of the former sages, and to furnish those who shall preside at the sacrifices to heaven and earth, at those in the ancestral temple, and at those at the altars to the spirits of the land and grain. ”
—Confucius, [207]
Further information: Religion and divorce
Among the precepts of mainstream religions are found, as a rule, unequivocal prescriptions for marriage, establishing both rituals and rules of conduct.
Abrahamic religions
Rembrandt's depiction of Samson's marriage feast
Bahá'í
In the Bahá'í Faith marriage is encouraged and viewed as a mutually strengthening bond, but is not obligatory. A Bahá'í marriage requires the couple to choose each other, and then the consent of all living parents.[208]
Christianity
Crowning during Holy Matrimony in the Syro-Malabar Catholic Church, an Eastern Catholic Church and a part of the Saint Thomas Christian community in India.
Main article: Christian views of marriage
Christian wedding in Kyoto, Japan.
Russian orthodox wedding ceremony
Christian marriages are based upon the teachings of Jesus Christ and the Apostle Paul.[209] Today many Christian denominations regard marriage as a sacrament, a sacred institution, or a covenant,[210] but this wasn't the case before marriage was officially recognized as a sacrament at the 1184 Council of Verona.[211][212] Before then, no specific ritual was prescribed for celebrating a marriage: "Marriage vows did not have to be exchanged in a church, nor was a priest's presence required. A couple could exchange consent anywhere, anytime."[212][213]
In the decrees on marriage of the Council of Trent (twenty-fourth session from 1563) the validity of marriage was made dependent upon the wedding taking place before a priest and two witnesses,[212][214] although the lack of a requirement for parental consent ended a debate that had proceeded from the 12th century.[214] In the case of a divorce, the right of the innocent party to marry again was denied so long as the other party was alive, even if the other party had committed adultery.[214]
The Christian Church performed marriages in the vestibule prior to the 16th century, when the emphasis was on the marriage contract and betrothal. Then the ceremony was moved inside the sacristy. [212][215]
Christians often marry for religious reasons ranging from following the biblical injunction for a "man to leave his father and mother and cleave to his wife, and the two shall become one,"[Gen. 2:24][216] to obeying Canon Law stating marriage between baptized persons is a sacrament.[217]
Divorce and remarriage while generally not encouraged are regarded differently by each Christian denomination. Most Protestant Churches allow people to marry again after a divorce. The Eastern Orthodox Church allows divorce for a limited number of reasons, and in theory, but usually not in practice, requires that a marriage after divorce be celebrated with a penitential overtone. In the Roman Catholic Church, marriage can be ended by an annulment where the Church for special reasons regards it as never having taken place.[218]
"'Then the Lord God made a woman from the rib he had taken out of the man, and he brought her to the man. The man said, "This is now bone of my bones and flesh of my flesh; she shall be called 'woman, ' for she was taken out of man." For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh.[Genesis 2:22–24]
"'...So they are no longer two, but one. Therefore what God has joined together, let man not separate."
— Jesus[Matthew 19:6]
Catholics, Eastern Orthodox Christians and many Anglicans consider marriage termed holy matrimony to be an expression of divine grace, termed a sacrament or mystery. In Western ritual, the ministers of the sacrament are the husband and wife themselves, with a bishop, priest, or deacon merely witnessing the union on behalf of the church, and adding a blessing. In Eastern ritual churches, the bishop or priest functions as the actual minister of the Sacred Mystery (Eastern Orthodox deacons may not perform marriages). Western Christians commonly refer to marriage as a vocation, while Eastern Christians consider it an ordination and a martyrdom, though the theological emphases indicated by the various names are not excluded by the teachings of either tradition.[dubious – discuss] Marriage is commonly celebrated in the context of a Eucharistic service (a nuptial Mass or Divine Liturgy). The sacrament of marriage is indicative of the relationship between Christ and the Church.[Eph. 5:29–32]
The Roman Catholic tradition of the 12th and 13th centuries defined marriage as a sacrament ordained by God,[209] signifying the mystical marriage of Christ to his Church.[219]
The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament.[220]
The mutual love between man and wife becomes an image of the eternal love with which God loves humankind. The celebration of marriage between two Catholics normally takes place during the public liturgical celebration of the Holy Mass, because of its sacramental connection with the unity of the Paschal mystery of Christ (Communion). Sacramental marriage confers a perpetual and exclusive bond between the spouses. By its nature, the institution of marriage and conjugal love is ordered to the procreation and upbringing of offspring. Marriage creates rights and duties in the Church between the spouses and towards their children: "[e]ntering marriage with the intention of never having children is a grave wrong and more than likely grounds for an annulment."[221]
According to current Catholic legislation governing marriage, the essential properties of marriage are unity and indissolubility; in Christian marriage they acquire a distinctive firmness by reason of the sacrament.[222] Divorce is not recognized, but annulments predicated upon previously existing impediments may be granted. Offspring resulting from annulled relationships are considered legitimate. Remarried persons divorced from a living, lawful spouse are not separated from the Church, but they cannot receive Eucharistic communion.[223]
For Protestant denominations, the purposes of marriage include intimate companionship, rearing children and mutual support for both husband and wife to fulfill their life callings. Protestants are generally not opposed to the use of birth control[citation needed] and consider marital sexual pleasure to be a gift of God.
Most Reformed Christians would deny the elevation of marriage to the status of a sacrament, nevertheless it is considered a covenant between spouses before God.cf.[Ephesians 5:31–33]
A couple following their marriage in the Manti Utah Temple.
Since the sixteenth century, five competing models of marriage in have shaped Protestant marriage and legal tradition:
The Protestant Reformationists replaced the Roman Catholic sacramental model.[citation needed]
Martin Luther saw it as a social "estate of the earthly kingdom...subject to the prince, not the Pope."[citation needed]
John Calvin taught that marriage was a covenant of grace that required the coercive power of the state to preserve its integrity.[citation needed]
Anglicans regarded marriage as a domestic commonwealth within England and the church. By the 17th century, Anglican theologians had begun to develop a theology of marriage to replace the sacramental model of marriage. These "regarded the interlocking commonwealths of state, church, and family as something of an earthly form of heavenly government."[citation needed]
The secularism of the Enlightenment emphasized marriage as a contract "to be formed, maintained, and dissolved as the couple sees fit."[209]
Once the process of marriage was secularized into a private contract, the role of churches substantially diminished for Protestants. This culminated in the second half of the 20th century with nearly all Protestants permitting divorce and remarriage.[224]
Members of The Church of Jesus Christ of Latter-day Saints (LDS Church) believe that "marriage between a man and a woman is ordained of God and that the family is central to the Creator's plan for the eternal destiny of His children." The LDS believe that marriage between a man and a woman can last beyond death and into eternity. Marriages between LDS couples are normally solemnized in LDS temples, though they regard civil marriages just as valid as temple marriages.[225]
Christian attitudes to same-sex marriage
A same-sex couple exchanging wedding vows in a Unitarian Universalist Fellowship.
Main article: Religious arguments about same-sex marriage
While most Christian denominations do not currently perform same-sex marriages, some do, such as Unitarian Universalist, Metropolitan Community Church, Quaker, United Church of Canada, and United Church of Christ congregations, and some Anglican dioceses, for example.[226][227] Same-sex marriage is recognized by various religious denominations.[228][229][230]
Islam
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Main article: Islamic marital jurisprudence
Newlywed couples visit Tamerlane's statues to receive wedding blessings in Uzbekistan.
A Muslim bride of Pakistan origin signing the nikkah nama or marriage certificate.
A Muslim couple being wed alongside the Tungabhadra River at Hampi, India.
Islam also commends marriage, with the age of marriage being whenever the individuals feel ready, financially and emotionally.
In Islam, polygyny is allowed while polyandry is not, with the specific limitation that a man can have no more than four legal wives at any one time and an unlimited number of female slaves as concubines, with the requirement that the man is able and willing to partition his time and wealth equally among the respective wives.
For a Muslim wedding to take place, the bridegroom and the guardian of the bride (wali) must both agree on the marriage. Should the guardian disagree on the marriage, it may not legally take place. If the wali of the girl her father or paternal grandfather, he has the right to force her into marriage even against her proclaimed will, if it is her first marriage. A guardian who is allowed to force the bride into marriage is called wali mujbir.[231]
From an Islamic (Sharia) law perspective, the minimum requirements and responsibilities in a Muslim marriage are that the groom provide living expenses (housing, clothing, food, maintenance) to the bride, and in return, the bride's main responsibility is raising children to be proper Muslims. All other rights and responsibilities are to be decided between the husband and wife, and may even be included as stipulations in the marriage contract before the marriage actually takes place, so long as they do not go against the minimum requirements of the marriage.
In Sunni Islam and Ahmadiyya Islam, marriage must take place in the presence of at least two reliable witnesses, with the consent of the guardian of the bride and the consent of the groom. Following the marriage, the couple may consummate the marriage. To create an 'urf marriage, it is sufficient that a man and a woman indicate an intention to marry each other and recite the requisite words in front of a suitable Muslim. The wedding party usually follows but can be held days, or months later, whenever the couple and their families want to, however there can be no concealment of the marriage as it is regarded as public notification due to the requirement of witnesses.[232][233][234][235]
In Shia Islam, marriage may take place without the presence of witnesses as is often the case in temporary mut'ah marriage (prohibited in Sunni Islam), but with the consent of both the bride and the groom. Following the marriage they may consummate their marriage.[citation needed]
Judaism
A Jewish wedding, painting by Jozef Israëls, 1903
A Ketubah in Hebrew, a Jewish marriage-contract outlining the duties of each partner.
Main article: Jewish views of marriage
In Judaism, marriage is based on the laws of the Torah and is a contractual bond between a man and a woman in which the woman dedicates herself to be the exclusive woman of a single man.[236] This contract is called Kiddushin.[237] Though procreation is not the sole purpose, a Jewish marriage is also expected to fulfill the commandment to have children.[Gen. 1:28] The main focus centers around the relationship between the husband and wife. Kabbalistically, marriage is understood to mean that the husband and wife are merging into a single soul. This is why a man is considered "incomplete" if he is not married, as his soul is only one part of a larger whole that remains to be unified.[238]
The Hebrew Bible (Christian Old Testament) describes a number of marriages, including those of Isaac (Gen 24:49–67), Jacob(Gen 29:27) and Samson (Judges 14:7–12). Polygyny, or men having multiple wives at once, is one of the most common marital arrangements represented in the Hebrew Bible.[239] Today Ashkenazi Jews are prohibited to take more than one wife because of a ban instituted on this by Gershom ben Judah (Died 1040).
Among ancient Hebrews, marriage was a domestic affair and not a religious ceremony; the participation of a priest or rabbi was not required.[240]
Betrothal (erusin), which refers to the time that this binding contract is made, is distinct from marriage itself (nissu'in), with the time between these events varying substantially.[239][241] In biblical times, a wife was regarded as chattel, belonging to her husband;[239][241] the descriptions of the Bible suggest that she would be expected to perform tasks such as spinning, sewing, weaving, manufacture of clothing, fetching of water, baking of bread, and animal husbandry.[242] However, wives were usually looked after with care, and men with more than one wife were expected to ensure that they continue to give the first wife food, clothing, and marital rights.[Ex 21:10]
Since a wife was regarded as property, her husband was originally free to divorce her for any reason, at any time.[241] Divorcing a woman against her will was also banned by Gershom ben Judah. A divorced couple were permitted to get back together, unless the wife had married someone else after her divorce.[Deut 24:2–4]
Hinduism
Main article: Marriage in Hinduism
Hindu marriage ceremony from a Rajput wedding.
A Nepali Hindu couple in marriage ceremony.
Hinduism sees marriage as a sacred duty that entails both religious and social obligations. Old Hindu literature in Sanskrit gives many different types of marriages and their categorization ranging from "Gandharva Vivaha" (instant marriage by mutual consent of participants only, without any need for even a single third person as witness) to normal (present day) marriages, to "Rakshasa Vivaha" ("demoniac" marriage, performed by abduction of one participant by the other participant, usually, but not always, with the help of other persons). In India and generally in South Asia, arranged marriages, the spouse's parents or an older family member choose the partner, are still predominant in comparison with so called love marriages until nowadays. The Hindu Widow's Remarriage Act 1856 empowers a Hindu widow to remarry.
Sati, the practice of a widow immolating herself on her husband's funeral pyre, was officially outlawed by India's British rulers in 1829. The last[243] sati incident allegedly ouccured in Rajasthan in 1987 when 18-year-old Roop Kanwar allegedly committed sati.[244] A court order ruled in 2004 that no such incident had occurred and acquitted all accused.[245]
Buddhism
Main article: Buddhist view of marriage
The Buddhist view of marriage considers marriage a secular affair and thus not a sacrament. Buddhists are expected to follow the civil laws regarding marriage laid out by their respective governments. Gautama Buddha, being a kshatriya was required by Shakyan tradition to pass a series of tests to prove himself as a warrior, before he was allowed to marry.
Sikhism
In a Sikh marriage, the couple walks around the Guru Granth Sahib holy book four times, and a holy man recites from it in the kirtan style. The ceremony is known as 'Anand Karaj' and represents the holy union of two souls united as one.
Wicca
Wiccan marriages are commonly known as handfastings. Although handfastings vary for each Wiccan they often involve honoring Wiccan gods. Sex is considered a pious and sacred activity.[246]
Marriage and health
Main article: Marriage and health
Marriage, like other close relationships, exerts considerable influence on health.[247] Married people experience lower morbidity and mortality across such diverse health threats as cancer, heart attacks, and surgery.[248] Research on marriage and health is part of the broader study of the benefits of social relationships. Social ties provide people with a sense of identity, purpose, belonging and support.[249] Simply being married, as well as the quality of one's marriage, has been linked to diverse measures of health.[247][clarification needed]
The health-protective effect of marriage is stronger for men than women.[248][250] Marital status — the simple fact of being married — confers more health benefits to men than women.[248] Women's health is more strongly impacted than men's by marital conflict or satisfaction, such that unhappily married women do not enjoy better health relative to their single counterparts.[248][250][251] Most research on marriage and health has focused on heterosexual couples, and more work is needed to clarify the health impacts of same-sex marriage.[247]
Divorce and annulment
Main articles: Divorce and Divorce law by country
In most societies, the death of one of the partners terminates the marriage, and in monogamous societies this allows the other partner to remarry, though sometimes after a waiting or mourning period.
In some societies, a marriages can be annulled, when an authority declares that a marriage never happened. Jurisdictions often have provisions for void marriages or voidable marriages.
A marriage may also be terminated through divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991), Ireland (1996), Chile (2004) and Malta (2011). As of 2012, the Philippines and the Vatican City are the only jurisdictions which do not allow divorce (this is currently under discussion in Philippines).[252]) After divorce, one spouse may have to pay alimony. Laws concerning divorce and the ease with which a divorce can be obtained vary widely around the world. After a divorce or an annulment, the people concerned are free to remarry (or marry).
A statutory right of two married partners to mutually consent to divorce was enacted in western nations in the mid-20th century. In the United States no-fault divorce was first enacted in California in 1969 and the final state to legalize it was New York in 1989.[253]
About 45% of marriages in Britain[254] and, according to a 2009 study, 46% of marriages in the U.S.[255] end in divorce.
History of marriage
Ancient world
See also: Marriage in ancient Rome and Ancient Greek wedding customs
Many cultures have legends concerning the origins of marriage. The way in which a marriage is conducted and its rules and ramifications has changed over time, as has the institution itself, depending on the culture or demographic of the time.[256]
A wife was seen as being of high value, and was therefore, usually, carefully looked after.[239][241] Early nomadic communities in the middle east practised a form of marriage known as beena, in which a wife would own a tent of her own, within which she retains complete independence from her husband;[257] this principle appears to survive in parts of early Israelite society, as some early passages of the Bible appear to portray certain wives as each owning a tent as a personal possession[257] (specifically, Jael,[258] Sarah,[259] and Jacob's wives[260]).
The last chapter of Book of Proverbs show the characteristics of a virtuous woman.[261]
The husband too, is indirectly implied to have some responsibilities to his wife. The Covenant Code orders "If he take him another; her food, her clothing, and her duty of marriage, shall he not diminish(or lessen)".[262] If the husband does not provide the first wife with these things, she is to be divorced, without cost to her.[263] The Talmud interprets this as a requirement for a man to provide food and clothing to, and have sex with, each of his wives.[264][clarification needed] However, "duty of marriage" is also interpreted as whatever one does as a married couple, which is more than just sexual activity. And the term diminish, which means to lessen, shows the man must treat her as if he was not married to another.
As a polygynous society, the Israelites did not have any laws which imposed marital fidelity on men.[265][266] However, the prophet Malachi states that none should be faithless to the wife of his youth and that God hates divorce.[267] Adulterous married women,adulterous betrothed women, and the men who slept with them however, were subject to the death penalty by the biblical laws against adultery [268][269][270] According to the Priestly Code of the Book of Numbers, if a pregnant[271] woman was suspected of adultery, she was to be subjected to the Ordeal of Bitter Water,[272] a form of trial by ordeal, but one that took a miracle to convict. The literary prophets indicate that adultery was a frequent occurrence, despite their strong protests against it,[273][274][275][276] and these legal strictnesses.[265]
In Ancient Greece, no specific civil ceremony was required for the creation of a marriage – only mutual agreement and the fact that the couple must regard each other as husband and wife accordingly.[citation needed] Men usually married when they were in their 20s[citation needed] and women in their teens. It has been suggested that these ages made sense for the Greeks because men were generally done with military service or financially established by their late 20s, and marrying a young girl ensured ample time for her to bear children, as life expectancies were significantly lower during this period.[citation needed] Married Greek women had few rights in ancient Greek society and were expected to take care of the house and children.[citation needed] Time was an important factor in Greek marriage. For example, there were superstitions that being married during a full moon was good luck and, according to Robert Flacelière, Greeks married in the winter.[citation needed] Inheritance was more important than feelings: a woman whose father dies without male heirs could be forced to marry her nearest male relative – even if she had to divorce her husband first.[277]
There were several types of marriages in ancient Roman society. The traditional ("conventional") form called conventio in manum required a ceremony with witnesses and was also dissolved with a ceremony.[278] In this type of marriage, a woman lost her family rights of inheritance of her old family and gained them with her new one. She now was subject to the authority of her husband.[citation needed] There was the free marriage known as sine manu. In this arrangement, the wife remained a member of her original family; she stayed under the authority of her father, kept her family rights of inheritance with her old family and did not gain any with the new family.[279] The minimum age of marriage for girls was 12.[280]
Among ancient Germanic tribes, the bride and groom were roughly the same age and generally older than their Roman counterparts, according to Tacitus:
The youths partake late of the pleasures of love, and hence pass the age of puberty unexhausted: nor are the virgins hurried into marriage; the same maturity, the same full growth is required: the sexes unite equally matched and robust; and the children inherit the vigor of their parents.[281]
Where Aristotle had set the prime of life at 37 years for men and 18 for women, the Visigothic Code of law in the 7th century placed the prime of life at twenty years for both men and women, after which both presumably married. Tacitus states that ancient Germanic brides were on average about 20 and were roughly the same age as their husbands.[282]
Europe
Further information: Royal intermarriage
Woodcut. How Reymont and Melusina were betrothed / And by the bishop were blessed in their bed on their wedlock. From the Melusine, 15th century.
From the early Christian era (30 to 325 CE), marriage was thought of as primarily a private matter, with no uniform religious or other ceremony being required.[283] However, bishop Ignatius of Antioch writing around 110 to bishop Polycarp of Smyrna exhorts, "[I]t becomes both men and women who marry, to form their union with the approval of the bishop, that their marriage may be according to God, and not after their own lust."[284]
In the 12th century[where?], women were obligated to take the name of their husbands and starting in the second half of the 16th century[where?] parental consent along with the church's consent was required for marriage.[285]
With few local exceptions, until 1545, Christian marriages in Europe were by mutual consent, declaration of intention to marry and upon the subsequent physical union of the parties.[286][287] The couple would promise verbally to each other that they would be married to each other; the presence of a priest or witnesses was not required.[288] This promise was known as the "verbum." If freely given and made in the present tense (e.g., "I marry you"), it was unquestionably binding;[286] if made in the future tense ("I will marry you"), it would constitute a betrothal.
In 1552 a wedding took place in Zufia, Navarre, between Diego de Zufia and Mari-Miguel following the custom as it was in the realm since the Middle Ages, but the man denounced the marriage on the grounds that its validity was conditioned to "riding" her ("si te cabalgo, lo cual dixo de bascuence (...) balvin yo baneça aren senar içateko"). The tribunal of the kingdom rejected the husband's claim, validating the wedding, but the husband appealed to the tribunal in Zaragoza, and this institution annulled the marriage.[289] According to the Charter of Navarre, the basic union consisted of a civil marriage with no priest required and at least two witnesses, and the contract could be broken using the same formula.[citation needed] The Church in turn lashed out at those who got married twice or thrice in a row while their formers spouses were still alive. In 1563 the Council of Trent, twenty-fourth session, required that a valid marriage must be performed by a priest before two witnesses.[289]
One of the functions of churches from the Middle Ages was to register marriages, which was not obligatory. There was no state involvement in marriage and personal status, with these issues being adjudicated in ecclesiastical courts. During the Middle Ages marriages were arranged, sometimes as early as birth, and these early pledges to marry were often used to ensure treaties between different royal families, nobles, and heirs of fiefdoms. The church resisted these imposed unions, and increased the number of causes for nullification of these arrangements.[285] As Christianity spread during the Roman period and the Middle Ages, the idea of free choice in selecting marriage partners increased and spread with it.[285]
In Medieval Western Europe, later marriage and higher rates of definitive celibacy (the so-called "European marriage pattern") helped to constrain patriarchy at its most extreme level. For example, Medieval England saw marriage age as variable depending on economic circumstances, with couples delaying marriage until the early twenties when times were bad and falling to the late teens after the Black Death, when there were labor shortages;[290] by appearances, marriage of adolescents was not the norm in England.[291][292] Where the strong influence of classical Celtic and Germanic cultures (which were not rigidly patriarchal)[293][294] helped to offset the Judaeo-Roman patriarchal influence,[295] in Eastern Europe the tradition of early and universal marriage (often in early adolescence)[296] as well as traditional Slavic patrilocal custom[297] led to a greatly inferior status of women at all levels of society.[298][citation needed]
The average age of marriage for most of Northwestern Europe from 1500 to 1800 was around 25 years of age;[299][300][301] as the Church dictated that both parties had to be at least 21 years of age to marry without the consent of their parents, the bride and groom were roughly the same age, with most brides in their early twenties and most grooms two or three years older,[301] and a substantial number of women married for the first time in their thirties and forties, particularly in urban areas,[302] with the average age at first marriage rising and falling as circumstances dictated. In better times, more people could afford to marry earlier and thus fertility rose and conversely marriages were delayed or foregone when times were bad, thus restricting family size;[303] after the Black Death, the greater availability of profitable jobs allowed more people to marry young and have more children,[304] but the stabilization of the population in the 16th century meant less job opportunities and thus more people delaying marriages.[305]
As part of the Protestant Reformation, the role of recording marriages and setting the rules for marriage passed to the state, reflecting Martin Luther's view that marriage was a "worldly thing".[306] By the 17th century, many of the Protestant European countries had a state involvement in marriage.
In England, under the Anglican Church, marriage by consent and cohabitation was valid until the passage of Lord Hardwicke's Act in 1753. This act instituted certain requirements for marriage, including the performance of a religious ceremony observed by witnesses.[307]
As part of the Counter-Reformation, in 1563 the Council of Trent decreed that a Roman Catholic marriage would be recognized only if the marriage ceremony was officiated by a priest with two witnesses. The Council also authorized a Catechism, issued in 1566, which defined marriage as, "The conjugal union of man and woman, contracted between two qualified persons, which obliges them to live together throughout life."[209]
In the early modern period, John Calvin and his Protestant colleagues reformulated Christian marriage by enacting the Marriage Ordinance of Geneva, which imposed "The dual requirements of state registration and church consecration to constitute marriage"[209] for recognition.
In England and Wales, Lord Hardwicke's Marriage Act 1753 required a formal ceremony of marriage, thereby curtailing the practice of Fleet Marriage, an irregular or a clandestine marriage.[308] These were clandestine or irregular marriages performed at Fleet Prison, and at hundreds of other places. From the 1690s until the Marriage Act of 1753 as many as 300,000 clandestine marriages were performed at Fleet Prison alone.[309] The Act required a marriage ceremony to be officiated by an Anglican priest in the Anglican Church with two witnesses and registration. The Act did not apply to Jewish marriages or those of Quakers, whose marriages continued to be governed by their own customs.
In England and Wales, since 1837, civil marriages have been recognized as a legal alternative to church marriages under the Marriage Act 1836. In Germany, civil marriages were recognized in 1875. This law permitted a declaration of the marriage before an official clerk of the civil administration, when both spouses affirm their will to marry, to constitute a legally recognized valid and effective marriage, and allowed an optional private clerical marriage ceremony.
In contemporary English common law, a marriage is a voluntary contract by a man and a woman, in which by agreement they choose to become husband and wife.[310] Edvard Westermarck proposed that "the institution of marriage has probably developed out of a primeval habit".[311]
As of 2000, the average marriage age range was 25–44 years for men and 22–39 years for women.
China
Main article: Chinese marriage
The mythological origin of Chinese marriage is a story about Nüwa and Fu Xi who invented proper marriage procedures after becoming married. In ancient Chinese society, people of the same surname are supposed to consult with their family trees prior marriage to reduce the potential risk of unintentional incest. Marriaging to one's maternal relatives was generally not thought of as incest, families sometimes intermarried from one generation to another. Over time, Chinese people became more geographically mobile. Individuals remained members of their biological families. When a couple died, the husband and the wife were buried separately in the respective clans' graveyard. In a maternal marriage, a male would become a son-in-law who lived in the wife's home.
The New Marriage Law of 1950 radically changed Chinese marriage traditions, enforcing monogamy, equality of men and women, and choice in marriage; arranged marriages were the most common type of marriage in China until then. Starting October 2003, it became legal to marry or divorce without authorization from the couple's work units.[312][clarification needed] Although people with infectious diseases such as AIDS may now marry; marriage is still illegal for the mentally ill.[313]
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236.Jump up ^ Mishnah Kidushin 1:1
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241.^ Jump up to: a b c d This article incorporates text from the 1903 Encyclopaedia Biblica article "MARRIAGE", a publication now in the public domain.
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257.^ Jump up to: a b William Robertson Smith, Kinship and Marriage in early Arabia, (1885), 167
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259.Jump up ^ Genesis 24:26
260.Jump up ^ Genesis 31:33–34
261.Jump up ^ Proverbs 31:10-31
262.Jump up ^ Exodus 21:10
263.Jump up ^ Exodus 21:11
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265.^ Jump up to: a b This article incorporates text from the 1903 Encyclopaedia Biblica article "Jealousy, Ordeal of", a publication now in the public domain.
266.Jump up ^ One or more of the preceding sentences incorporates text from a publication now in the public domain: "Adultery". Jewish Encyclopedia. 1901–1906.
267.Jump up ^ Malachi 2:15–16
268.Jump up ^ Ezekiel 16:40
269.Jump up ^ Leviticus 20:10
270.Jump up ^ Deuteronomy 22:22–25
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272.Jump up ^ Numbers 5:11–31
273.Jump up ^ Jeremiah 7:9
274.Jump up ^ Jeremiah 23:10
275.Jump up ^ Hosea 4:2
276.Jump up ^ Malachi 3:5
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281.Jump up ^ Tacitus (by commentator Edward Brooks). 2013. The Germany and the Agricola of Tacitus. Project Gutenberg. Footnotes 121-122.
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283.Jump up ^ McSheffrey, Shannon (2006). Marriage, sex, and civic culture in late medieval London. University of Pennsylvania Press. p. 21. ISBN 978-0-8122-3938-6.
284.Jump up ^ "St. Ignatius of Antioch to Polycarp (Roberts-Donaldson translation)". Earlychristianwritings.com. 2 February 2006.
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286.^ Jump up to: a b upenn.edu Excerpt from Marriage, Sex, and Civic Culture in Late Medieval London "the sacramental bond of marriage could be made only through the freely given consent of both parties"
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291.Jump up ^ Hanawalt, p. 98-100
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309.Jump up ^ Gillis, John R. (1985). For Better, for Worse: British Marriages, 1600 to the Present. Oxford University Press. p. 92. ISBN 0-19-503614-X.
310.Jump up ^ "Marriage|LII / Legal Information Institute". Topics.law.cornell.edu. 19 August 2010.
311.Jump up ^ Westermarck, Edward Alexander (1903). The History of Human Marriage (reprint ed.). Macmillan and Co., Ltd., London. ISBN 1-4021-8548-0.
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External links
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Look up marriage in Wiktionary, the free dictionary.
Wikisource has original text related to this article:
Portal:Marriage
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For Better, for Worse: British Marriages, 1600 to the Present John Gillis. 1985. Oxford University Press. ISBN 0-19-503614-X
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"Legal Regulation of Marital Relations: An Historical and Comparative Approach – Gautier 19 (1): 47 – International Journal of Law, Policy and the Family".
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Radical Principles and the Legal Institution of Marriage: Domestic Relations Law and Social Democracy in Sweden – Bradley 4 (2): 154 – International Journal of Law, Policy and the Family
Recordings & Photos from a College Historical Society debate on the role of marriage, featuring Senator David Norris and Senator Ronan Mullen.
Early Human Kinship Was Matrilineal by Chris Knight. (Scholarly debates on 'group marriage' and the history of the family).
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http://en.wikipedia.org/wiki/Marriage
Chastity
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For other uses, see Chastity (disambiguation).
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (April 2009)
Allegory of chastity by Hans Memling
Chastity is sexual behavior of a man or woman that is acceptable to the moral standards and guidelines of their culture, civilization or religion. In the Western world, the term has become closely associated (and is often used interchangeably) with sexual abstinence, especially before marriage.[1]
Contents [hide]
1 Etymology
2 In Abrahamic religions 2.1 In Christianity
3 In Eastern religions 3.1 Hinduism
3.2 Sikhism
3.3 Jainism
3.4 Buddhism
3.5 Daoism
4 See also
5 References
6 External links
Etymology[edit]
The words "chaste" and "chastity" stem from the Latin adjective castus meaning "pure". The words entered the English language around the middle of the 13th century; at that time they meant slightly different things. "Chaste" meant "virtuous or pure from unlawful sexual intercourse" (referring to extramarital sex),[2][3] while "chastity" meant "virginity".[3][4] It was not until the late 16th century that the two words came to have the same basic meaning as a related adjective and noun.[2][3]
In Abrahamic religions[edit]
This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (August 2008)
For Muslims and many Christians, acts of sexual nature are restricted to marriage. For unmarried persons, chastity is identified with sexual abstinence. Sexual acts outside or apart from marriage, such as adultery, fornication and prostitution, are considered sinful.
In Christianity[edit]
"Vow of chastity" redirects here. For vows of Catholic Religious, see Evangelical counsels. For vows of chastity in other Christian Churches, see Religious vows.
In many Christian traditions, chastity is synonymous with sexual purity. Chastity means not having any sexual relations before marriage. It also means fidelity to husband or wife during marriage. In Catholic morality, chastity is placed opposite the deadly sin of lust, and is classified as one of seven virtues. The moderation of sexual desires is required to be virtuous. Reason, will and desire can harmoniously work together to do what is good.
In marriage, the spouses commit to a lifelong relationship which excludes sexual intimacy with other persons. Within marriage, various Abrahamic religions consider several practices to be considered unchaste, such as sexual intimacy during or shortly after menstruation or childbirth.[5] After marriage, a third form of chastity, often called "vidual chastity", is expected of a woman while she is in mourning for her late husband. For example, Jeremy Taylor defined 5 rules in Holy Living (1650), including abstaining from marrying "so long as she is with child by her former husband" and "within the year of mourning".[6]
The particular ethical system may not prescribe each of these. For example, Roman Catholics view sex within marriage as chaste, but prohibit the use of artificial contraception as an offense against chastity, seeing contraception as unnatural, contrary to God's will and design of human sexuality. Many Anglican communities allow for artificial contraception, seeing the restriction of family size as possibly not contrary to God's will. A stricter view is held by the Shakers, who prohibit marriage (and sexual intercourse under any circumstances) as a violation of chastity. The Catholic Church has set up various rules regarding clerical celibacy, while most Protestant communities allow clergy to marry.
Celibacy is required of monastics—monks, nuns and friars—even in a rare system of double cloisters, in which husbands could enter the (men's) monastery while their wives entered a (women's) sister monastery. Required celibacy among the clergy is a relatively recent practice: it became Church policy at the Second Lateran Council in 1139. It was not uniformly enforced among the clergy until 200 years later.[7] Certain Latin-Rite Catholic priests may receive a dispensation to be married before ordination, and Eastern Catholic priests in many countries are also permitted to be married, provided they are so before ordination.
Vows of chastity can also be taken by laypersons, either as part of an organised religious life (such as Roman Catholic Beguines and Beghards in the past) or on an individual basis: as a voluntary act of devotion, or as part of an ascetic lifestyle (often devoted to contemplation), or both.
The voluntary aspect has led it to being included among the main counsels of perfection.
Chastity is a central and pivotal concept in Roman Catholic praxis. Chastity's importance in traditional Roman Catholic teaching stems from the fact that it is regarded as essential in maintaining and cultivating the unity of body with spirit and thus the integrity of the human being.[8] It is also regarded as fundamental to the practise of the Catholic life because it involves an apprenticeship in self-mastery.[9] By attaining mastery over one's passions, reason, will and desire can harmoniously work together to do what is good.
In Eastern religions[edit]
Hinduism[edit]
Hinduism's view on premarital sex is rooted in its concept of the stages of life. The first of these stages, known as Brahmacharya, roughly translates as chastity. Celibacy is considered the appropriate behavior for both male and female students during this stage, which precedes the stage of the married householder. Many Sadhus (Hindu monks) are also celibate as part of their ascetic discipline.
Sikhism[edit]
In Sikhism, premarital or extra-marital sex is strictly forbidden. However, it is encouraged to marry and live as a family unit to provide and nurture children for the perpetual benefit of creation (as opposed to sannyasa or living as a monk, which was, and remains, a common spiritual practice in India). A Sikh is encouraged not to live as a recluse, beggar, monk, nun, celibate, or in any similar vein.
Jainism[edit]
Although the Digambara followers of Jainism are celibate monks, most Jains belong to the Shvetambara sect, which allows spouses and children. The general Jain code of ethics requires that one do no harm to any living being in thought, action, or word. Adultery is clearly a violation of a moral agreement with one's spouse, and therefore forbidden, and fornication too is seen as a violation of the state of chastity.
Buddhism[edit]
The teachings of Buddhism include the Noble Eightfold Path, comprising a division called right action. Under the Five Precepts ethical code, Upāsaka and Upāsikā lay followers should abstain from sexual misconduct, while Bhikkhu and Bhikkhuni monastics should practice strict chastity.
Daoism[edit]
The Five Precepts of the Daoist religion include No Sexual Misconduct, which is interpreted as prohibiting extramarital sex for lay practitioners and marriage or sexual intercourse for monks and nuns.
See also[edit]
Fornication
Chastity belt
Chastity belt (BDSM)
Law of chastity
Seven deadly sins
Seven virtues
Ten Commandments
Theology of the body
References[edit]
1.Jump up ^ "Chastity | Define Chastity at Dictionary.com". Dictionary.reference.com. Retrieved 2012-10-01.
2.^ Jump up to: a b Chaste at etymonline.com
3.^ Jump up to: a b c podictionary.com
4.Jump up ^ Chastity at etymonline.com
5.Jump up ^ Leviticus 12:2, 15:24, 20:18.
6.Jump up ^ Jeremy Taylor (1650). "Chapter II, Section III, Of Chastity". Holy Living.
7.Jump up ^ Diarmaid MacCulloch, 'Reformation', Penguin Books, 2003, pg 28
8.Jump up ^ Catechism of the Catholic Church, 1999, Geoffrey Chapman, p.500
9.Jump up ^ ibid p.501
External links[edit]
Wikiquote has quotations related to: Chastity
Look up chastity in Wiktionary, the free dictionary.
Catechism of the Catholic Church (III.2.I)
Early Shaker Writings Relating to Sexual Abstinence
Catholic Encyclopedia: Chastity
Categories: Christian terminology
Philosophy of love
Sexual abstinence
Virtue
Seven virtues
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http://en.wikipedia.org/wiki/Chastity
Chastity
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For other uses, see Chastity (disambiguation).
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (April 2009)
Allegory of chastity by Hans Memling
Chastity is sexual behavior of a man or woman that is acceptable to the moral standards and guidelines of their culture, civilization or religion. In the Western world, the term has become closely associated (and is often used interchangeably) with sexual abstinence, especially before marriage.[1]
Contents [hide]
1 Etymology
2 In Abrahamic religions 2.1 In Christianity
3 In Eastern religions 3.1 Hinduism
3.2 Sikhism
3.3 Jainism
3.4 Buddhism
3.5 Daoism
4 See also
5 References
6 External links
Etymology[edit]
The words "chaste" and "chastity" stem from the Latin adjective castus meaning "pure". The words entered the English language around the middle of the 13th century; at that time they meant slightly different things. "Chaste" meant "virtuous or pure from unlawful sexual intercourse" (referring to extramarital sex),[2][3] while "chastity" meant "virginity".[3][4] It was not until the late 16th century that the two words came to have the same basic meaning as a related adjective and noun.[2][3]
In Abrahamic religions[edit]
This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (August 2008)
For Muslims and many Christians, acts of sexual nature are restricted to marriage. For unmarried persons, chastity is identified with sexual abstinence. Sexual acts outside or apart from marriage, such as adultery, fornication and prostitution, are considered sinful.
In Christianity[edit]
"Vow of chastity" redirects here. For vows of Catholic Religious, see Evangelical counsels. For vows of chastity in other Christian Churches, see Religious vows.
In many Christian traditions, chastity is synonymous with sexual purity. Chastity means not having any sexual relations before marriage. It also means fidelity to husband or wife during marriage. In Catholic morality, chastity is placed opposite the deadly sin of lust, and is classified as one of seven virtues. The moderation of sexual desires is required to be virtuous. Reason, will and desire can harmoniously work together to do what is good.
In marriage, the spouses commit to a lifelong relationship which excludes sexual intimacy with other persons. Within marriage, various Abrahamic religions consider several practices to be considered unchaste, such as sexual intimacy during or shortly after menstruation or childbirth.[5] After marriage, a third form of chastity, often called "vidual chastity", is expected of a woman while she is in mourning for her late husband. For example, Jeremy Taylor defined 5 rules in Holy Living (1650), including abstaining from marrying "so long as she is with child by her former husband" and "within the year of mourning".[6]
The particular ethical system may not prescribe each of these. For example, Roman Catholics view sex within marriage as chaste, but prohibit the use of artificial contraception as an offense against chastity, seeing contraception as unnatural, contrary to God's will and design of human sexuality. Many Anglican communities allow for artificial contraception, seeing the restriction of family size as possibly not contrary to God's will. A stricter view is held by the Shakers, who prohibit marriage (and sexual intercourse under any circumstances) as a violation of chastity. The Catholic Church has set up various rules regarding clerical celibacy, while most Protestant communities allow clergy to marry.
Celibacy is required of monastics—monks, nuns and friars—even in a rare system of double cloisters, in which husbands could enter the (men's) monastery while their wives entered a (women's) sister monastery. Required celibacy among the clergy is a relatively recent practice: it became Church policy at the Second Lateran Council in 1139. It was not uniformly enforced among the clergy until 200 years later.[7] Certain Latin-Rite Catholic priests may receive a dispensation to be married before ordination, and Eastern Catholic priests in many countries are also permitted to be married, provided they are so before ordination.
Vows of chastity can also be taken by laypersons, either as part of an organised religious life (such as Roman Catholic Beguines and Beghards in the past) or on an individual basis: as a voluntary act of devotion, or as part of an ascetic lifestyle (often devoted to contemplation), or both.
The voluntary aspect has led it to being included among the main counsels of perfection.
Chastity is a central and pivotal concept in Roman Catholic praxis. Chastity's importance in traditional Roman Catholic teaching stems from the fact that it is regarded as essential in maintaining and cultivating the unity of body with spirit and thus the integrity of the human being.[8] It is also regarded as fundamental to the practise of the Catholic life because it involves an apprenticeship in self-mastery.[9] By attaining mastery over one's passions, reason, will and desire can harmoniously work together to do what is good.
In Eastern religions[edit]
Hinduism[edit]
Hinduism's view on premarital sex is rooted in its concept of the stages of life. The first of these stages, known as Brahmacharya, roughly translates as chastity. Celibacy is considered the appropriate behavior for both male and female students during this stage, which precedes the stage of the married householder. Many Sadhus (Hindu monks) are also celibate as part of their ascetic discipline.
Sikhism[edit]
In Sikhism, premarital or extra-marital sex is strictly forbidden. However, it is encouraged to marry and live as a family unit to provide and nurture children for the perpetual benefit of creation (as opposed to sannyasa or living as a monk, which was, and remains, a common spiritual practice in India). A Sikh is encouraged not to live as a recluse, beggar, monk, nun, celibate, or in any similar vein.
Jainism[edit]
Although the Digambara followers of Jainism are celibate monks, most Jains belong to the Shvetambara sect, which allows spouses and children. The general Jain code of ethics requires that one do no harm to any living being in thought, action, or word. Adultery is clearly a violation of a moral agreement with one's spouse, and therefore forbidden, and fornication too is seen as a violation of the state of chastity.
Buddhism[edit]
The teachings of Buddhism include the Noble Eightfold Path, comprising a division called right action. Under the Five Precepts ethical code, Upāsaka and Upāsikā lay followers should abstain from sexual misconduct, while Bhikkhu and Bhikkhuni monastics should practice strict chastity.
Daoism[edit]
The Five Precepts of the Daoist religion include No Sexual Misconduct, which is interpreted as prohibiting extramarital sex for lay practitioners and marriage or sexual intercourse for monks and nuns.
See also[edit]
Fornication
Chastity belt
Chastity belt (BDSM)
Law of chastity
Seven deadly sins
Seven virtues
Ten Commandments
Theology of the body
References[edit]
1.Jump up ^ "Chastity | Define Chastity at Dictionary.com". Dictionary.reference.com. Retrieved 2012-10-01.
2.^ Jump up to: a b Chaste at etymonline.com
3.^ Jump up to: a b c podictionary.com
4.Jump up ^ Chastity at etymonline.com
5.Jump up ^ Leviticus 12:2, 15:24, 20:18.
6.Jump up ^ Jeremy Taylor (1650). "Chapter II, Section III, Of Chastity". Holy Living.
7.Jump up ^ Diarmaid MacCulloch, 'Reformation', Penguin Books, 2003, pg 28
8.Jump up ^ Catechism of the Catholic Church, 1999, Geoffrey Chapman, p.500
9.Jump up ^ ibid p.501
External links[edit]
Wikiquote has quotations related to: Chastity
Look up chastity in Wiktionary, the free dictionary.
Catechism of the Catholic Church (III.2.I)
Early Shaker Writings Relating to Sexual Abstinence
Catholic Encyclopedia: Chastity
Categories: Christian terminology
Philosophy of love
Sexual abstinence
Virtue
Seven virtues
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http://en.wikipedia.org/wiki/Chastity
Sexual norm
From Wikipedia, the free encyclopedia
(Redirected from Sexual freedom)
Jump to: navigation, search
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (January 2008)
A sexual norm can refer to a personal or a social norm. Most cultures have social norms regarding sexuality, and define normal sexuality to consist only of certain sex acts between individuals who meet specific criteria of age, consanguinity (e.g. incest), race/ethnicity (e.g. miscegenation), and/or social role and socioeconomic status.
In most societies, the term 'normal' identifies a range or spectrum of behaviors. Rather than each act being simply classified as "acceptable" or "not acceptable", many acts are viewed as "more or less accepted" by different people, and the opinion on how normal or acceptable they are greatly depends on the individual making the opinion as well as the culture itself. Based on information gained from sexological studies, a great many ordinary people's sex lives are very often quite different from popular beliefs about normal, in private.
If non-restrictive sexual norms are regarded positively, they may be called "sexual freedom", "sexual liberation" or "free love". If they are regarded negatively, they may be called "sexual licence" or "licentiousness". Restrictive social norms, if judged negatively, are called sexual oppression. If the restrictive norms are judged positively, they may be regarded as encouraging chastity, "sexual self-restraint" or "sexual decency", and negative terms are used for the targeted sexuality, e.g. sexual abuse and perversion.
Contents [hide]
1 Sexual norms and sexual practice
2 Social attitudes
3 See also
4 References
5 External links
Sexual norms and sexual practice[edit]
It is unknown if child abuse is higher in sexual permissive or non-permissive cultures.[1]
Social attitudes[edit]
In the West, some people have relaxed the traditional definitions of normality, choosing instead to define normal sexuality as any sexual practice which does not involve what are regarded as sexual perversions. However, using this definition makes use of a long list of sexual perversions which themselves show up hidden assumptions about cultural norms. Recently, in Western society, consensual paraphilias are becoming more acceptable, in particular "any activity, not otherwise illegal, performed between consenting adults in private."
This liberalization of attitudes has resulted in the legalization of homosexuality in many countries, following the ground-breaking Wolfenden report in the UK.
There is a tendency in Western countries towards serial monogamy as a normal heterosexual lifestyle. There is also a movement towards recognizing long-term homosexual relationships (see same-sex marriage).
There is also greater acceptance of sexual relationships (partnerships) without requiring the sanction of a form of marriage recognised by the church, state or legal system.
These liberalizing trends can be contrasted with conservative social trends that seek to reverse these patterns of behaviour, with encouragement for young people to choose traditionally accepted roles, beliefs and behaviors, and to exercise sexual abstinence or non-promiscuous lifestyles before marriage.
There is an opposing trend in reaction, that views such changes as a socially destructive force, and is opposed to them. It is often, though not exclusively, associated with people who have religious feelings, and is prevalent in much of Christianity in America, as well as Islam in the Middle East and Asia, and other devout religious groups such as Haredi Jews in Israel. In such countries there is often strong criticism of non-traditional sexualities and sexual liberation.
Some social unrest in both Eastern and Western cultures is due to this conflict between these two trends, and views upon acceptability and control of social and sexual norms.
See also[edit]
##Religion and sexuality
##Same-sex marriage
##Sex-positive feminism
##Catholic teachings on sexual morality
##Reproductive rights
References[edit]
1.Jump up ^ Andrey Korotayev & Alexander Kazankov. Factors of Sexual Freedom among Hunter-Gatherers in Cross-Cultural Perspective // Cross-Cultural Research. The Journal of Comparative Social Science. 37/1 (2003). P. 28–60
External links[edit]
##Investigative Reports Focused on Sexual Freedom
##Sexual Freedom Why It Is Feared
##Lil Wayne and Baby Sitting in a Tree
##Factors of Sexual Freedom among Hunter-Gatherers in Cross-Cultural Perspective
Categories: Sexuality and society
History of human sexuality
Sociological terminology
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http://en.wikipedia.org/wiki/Sexual_norm
Sexual norm
From Wikipedia, the free encyclopedia
(Redirected from Sexual freedom)
Jump to: navigation, search
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (January 2008)
A sexual norm can refer to a personal or a social norm. Most cultures have social norms regarding sexuality, and define normal sexuality to consist only of certain sex acts between individuals who meet specific criteria of age, consanguinity (e.g. incest), race/ethnicity (e.g. miscegenation), and/or social role and socioeconomic status.
In most societies, the term 'normal' identifies a range or spectrum of behaviors. Rather than each act being simply classified as "acceptable" or "not acceptable", many acts are viewed as "more or less accepted" by different people, and the opinion on how normal or acceptable they are greatly depends on the individual making the opinion as well as the culture itself. Based on information gained from sexological studies, a great many ordinary people's sex lives are very often quite different from popular beliefs about normal, in private.
If non-restrictive sexual norms are regarded positively, they may be called "sexual freedom", "sexual liberation" or "free love". If they are regarded negatively, they may be called "sexual licence" or "licentiousness". Restrictive social norms, if judged negatively, are called sexual oppression. If the restrictive norms are judged positively, they may be regarded as encouraging chastity, "sexual self-restraint" or "sexual decency", and negative terms are used for the targeted sexuality, e.g. sexual abuse and perversion.
Contents [hide]
1 Sexual norms and sexual practice
2 Social attitudes
3 See also
4 References
5 External links
Sexual norms and sexual practice[edit]
It is unknown if child abuse is higher in sexual permissive or non-permissive cultures.[1]
Social attitudes[edit]
In the West, some people have relaxed the traditional definitions of normality, choosing instead to define normal sexuality as any sexual practice which does not involve what are regarded as sexual perversions. However, using this definition makes use of a long list of sexual perversions which themselves show up hidden assumptions about cultural norms. Recently, in Western society, consensual paraphilias are becoming more acceptable, in particular "any activity, not otherwise illegal, performed between consenting adults in private."
This liberalization of attitudes has resulted in the legalization of homosexuality in many countries, following the ground-breaking Wolfenden report in the UK.
There is a tendency in Western countries towards serial monogamy as a normal heterosexual lifestyle. There is also a movement towards recognizing long-term homosexual relationships (see same-sex marriage).
There is also greater acceptance of sexual relationships (partnerships) without requiring the sanction of a form of marriage recognised by the church, state or legal system.
These liberalizing trends can be contrasted with conservative social trends that seek to reverse these patterns of behaviour, with encouragement for young people to choose traditionally accepted roles, beliefs and behaviors, and to exercise sexual abstinence or non-promiscuous lifestyles before marriage.
There is an opposing trend in reaction, that views such changes as a socially destructive force, and is opposed to them. It is often, though not exclusively, associated with people who have religious feelings, and is prevalent in much of Christianity in America, as well as Islam in the Middle East and Asia, and other devout religious groups such as Haredi Jews in Israel. In such countries there is often strong criticism of non-traditional sexualities and sexual liberation.
Some social unrest in both Eastern and Western cultures is due to this conflict between these two trends, and views upon acceptability and control of social and sexual norms.
See also[edit]
##Religion and sexuality
##Same-sex marriage
##Sex-positive feminism
##Catholic teachings on sexual morality
##Reproductive rights
References[edit]
1.Jump up ^ Andrey Korotayev & Alexander Kazankov. Factors of Sexual Freedom among Hunter-Gatherers in Cross-Cultural Perspective // Cross-Cultural Research. The Journal of Comparative Social Science. 37/1 (2003). P. 28–60
External links[edit]
##Investigative Reports Focused on Sexual Freedom
##Sexual Freedom Why It Is Feared
##Lil Wayne and Baby Sitting in a Tree
##Factors of Sexual Freedom among Hunter-Gatherers in Cross-Cultural Perspective
Categories: Sexuality and society
History of human sexuality
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Sexual revolution
From Wikipedia, the free encyclopedia
(Redirected from Sexual liberation)
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For other uses, see Sexual revolution (disambiguation).
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The sexual revolution, also known as a time of sexual liberation, was a social movement that challenged traditional codes of behavior related to sexuality and interpersonal relationships throughout the Western world from the 1960s to the 1980s.[1] Sexual liberation included increased acceptance of sex outside of traditional heterosexual, monogamous relationships (primarily marriage).[2] Contraception and the pill, public nudity, the normalization of premarital sex, homosexuality and alternative forms of sexuality, and the legalization of abortion all followed.[3][4]
Contents [hide]
1 Overview
2 Historical development 2.1 Role of the mass media
3 Modern revolutions
4 Feminism and sexual liberation
5 Freudian school
6 Mead's Coming of Age in Samoa
7 Kinsey & Masters and Johnson
8 Erotic Novels 8.1 Lady Chatterley's Lover
8.2 Tropic of Cancer
8.3 Fanny Hill
9 Nonfiction sex manuals
10 Contraception
11 United Kingdom
12 Free love
13 Explicit sex on screen and stage
14 Normalization of pornography
15 Premarital sex
16 Politics of sex
17 Criticism
18 The end of the revolution
19 See also
20 Notes
21 References
Overview[edit]
The term "sexual revolution" has been used at least since the late 1910s.[5] Some early commentators believed the sexual revolution of 1960–1980 was in fact the second such revolution in America; they believe that the first revolution was during the Roaring Twenties after World War I and it included writers such as F. Scott Fitzgerald, Edna Saint Vincent Millay, and Ernest Hemingway. However, the age of changes in perception and practices of sexuality that developed from around 1960 was to reach mainstream, middle-class, even middle-aged America as well as most of western Europe. It brought about profound shifts in the attitudes to women’s sexuality, homosexuality, pre-marital sexuality and the freedom of sexual expression. Psychologists and Freudian theorists such as William Reich and Alfred Kinsey influenced the revolution, as well as literature and films, and the social movements of the period, including the counterculture movement, the women’s movement, and the gay rights movement.[6] The counterculture contributed to the awareness of radical cultural change that was the social matrix of the sexual revolution.,[6] contributed to the changes.
By the mid-1970s and through the 1980s, newly won sexual freedoms were being exploited by big businesses looking to capitalize on an increasingly permissive society, with the advent of public and hardcore pornography.[7] Historian David Allyn argues that the sexual revolution was a time of "coming-out": about premarital sex, masturbation, erotic fantasies, pornography use, and sexuality.[1]
Historical development[edit]
The sexual revolution can be seen as an outgrowth of a process. Though its roots may be traced back as far as the Enlightenment (Rousseau, Marquis de Sade) and the Victorian era (Algernon Charles Swinburne's scandalous Poems and Ballads of 1866), it was a development in the modern world which saw the significant loss of power by the values of a morality rooted in the Christian tradition and the rise of permissive societies, of attitudes that were accepting of greater sexual freedom and experimentation that spread all over the world and were captured in the concept of "free love". Modern medicine may also have played a role, penicillin was able to largely eradicate syphilis and this brought greater freedom.[8]
The sexual revolution was initiated by those who shared a belief in the detrimental impact of sexual repression, a view that had previously been argued by Wilhelm Reich and D. H. Lawrence, by Sigmund Freud and by the Surrealist movement. The counterculture wanted to explore the body and mind, and free the personal self from the moral and legal sexual confines of modern America, as well as from 1940s-50s morals in general.[9] The sexual revolution of the sixties was an uprising rooted in a conviction that the erotic should be celebrated as a normal part of life and not repressed by family, industrialized sexual morality, religion and the state.[10]
In 1953, Chicago resident Hugh Hefner founded Playboy, a magazine which aimed to target males between the ages of 21 and 45.[11] Featuring cartoons, interviews, short fiction, Hefner "Playboy Philosophy" and - most crucially - half-naked female "Playmates" posing provocatively, the magazine became immensely successful.[11] In 1960, Hefner decided to expand his enterprise and opened the first Playboy Club in Chicago.[11] The private clubs, which expanded in numbers throughout the 1960s, offered relaxation for its members, who were waited on by Playboy Bunnies.[11] Hefner's influence would represent a growing change in America's attitude towards sex.[11]
There was an increase of sexual encounters between unmarried adults. Divorce rates were dramatically increasing and marriage rates were significantly decreasing in this time period. The number of unmarried Americans aged twenty to twenty-four more than doubled from 4.3 million in 1960 to 9.7 million in 1976.[12] Men and women sought to reshape marriage by instilling new institutions of open marriage, mate swapping, and swinging, and communal sex.[6] There is an introduction of casual sex during the revolution to a level that was never seen or heard before. Americans were gaining a set of relaxed morals and with the contribution of premarital sex on the rise and the development of birth control, casual sex between adults was becoming very popular.
Role of the mass media[edit]
TV, the new mass communication device of the age, along with other media outlets such as radio and magazines, could broadcast information in a matter of seconds to millions of people, while only a few wealthy people would control what millions could watch. Some modern historians have theorized that these media outlets helped to spread new ideas, which were considered radical. The struggles, skirmishes and rhetorical confrontations happening in the course of these movements also became directly visible to ordinary people in a way they would never have been before; the sense of involvement in a social and sexual shift happening in the present could rapidly win new converts and spread discussions afield. The counterculture of the 1960s was becoming well known through radio, newspapers, TV, books, music and other media by the end of the 1960s.
One suggested cause of the 1960s sexual revolution was the development of the birth control pill in 1960, which gave women access to easy and reliable contraception. Another likely cause was a vast improvement in obstetrics, greatly reducing the number of women who died due to childbearing, thus increasing the life expectancy of women. A third, more indirect cause was the large number of children born in the 1940s and early 1950s all over the western world—the 'Baby Boom Generation'--many of whom would grow up in relatively prosperous and safe conditions, within a middle class on the rise and with better access to education and entertainment than ever before. By their demographic weight and their social and educational background they came to trigger a shift in society towards more permissive and informalized attitudes.
Other data suggest[weasel words] the "revolution" was more directly influenced by the financial independence gained by many women who entered the workforce during and after World War II, making the revolution more about individual equality rather than biological independence. Many historians,[quantify] however, feel that one specific cause cannot be selected for this large phenomenon.[13] French feminist writer Simone de Beauvoir was particularly adamant that economic equality greatly contributes to improved gender equality.
Modern revolutions[edit]
1997 in New York City
The Gay Rights Movement started because the Stonewall Riots of 1969 crystallized a broad grass-roots mobilization of the homosexual movement. New gay liberationist gave political meaning to “coming out” by extending the psychological-personal process into public life. During the 1950s the most feared thing of the homosexual culture was “coming out”, the homosexual culture of the 1950s did everything they could to help keep their sexuality a secret from the public and everyone else in their lives, but Alfred Kinsey's research on homosexuality proved that 39% of the unmarried male population had at least one homosexual experience to orgasm between adolescence and old age.[6] By the gay liberationist making “coming out” public they helped mobilize people to live full-time as a homosexual, they no longer had to live in secret. Homosexuals could now enjoy sexual relationships and encounters much more often than ever before. They no longer had to sneak around and occasionally receive the sexual attention that they desire or force themselves into a heterosexual relationship in which they had no interest, and was full of lies. The 1970 gay novelist, Brad Gooch, wrote the “Golden Age of Promiscuity” meaning that the gay male community finally had reached a rich culture of “easy sex”, “sex without” commitment, obligation or long-term relationships.[6] The gay rights movement was reclamation of cultural, social, and political citizenship through sex and decriminalized gay sex, by removing gay sex as a psychological sickness.
The Women’s Movement in the time of the Sexual Revolution helped contribute to redefining women’s sexuality, not in the terms of simply pleasing men any longer but instead there was recognition of women’s sexual satisfaction and sexual desire. Finally "The Myth of the Vaginal Orgasm" by Anne Koedt discovered an understanding of a women’s sexual anatomy. The female anatomy was now given some scientific fact and reasoning for how and why women orgasm the way they do instead of Freud’s basis of women’s vaginal orgasm which was not based on a women’s anatomy, but rather upon his “assumptions of women as inferior appendage to man, and her consequent social and psychological role.” [14] The women’s movement was able to develop lesbian feminism, freedom from heterosexual act, and freedom from reproduction as distillation of feminism during the time of the Sexual Revolution. Feminist Betty Friedan wrote the Feminine Mystique in 1963, concerning the many frustrations women had with their lives and with separate spheres, which established a pattern of inequality.
The Industrial Revolution during the nineteenth century and the growth of science and technology, medicine and health care, resulted in better contraceptives being manufactured. Advances in the manufacture and production of rubber made possible the design and production of condoms that could be used by hundreds of millions of men and women to prevent pregnancy at little cost.
Advances in chemistry, pharmacology, and biology, and human physiology led to the discovery and perfection of the first oral contraceptives also known as "the Pill". Purchasing an aphrodisiac and various sex toys became "normal". Sado-masochism ("S&M") gained popularity, and "no-fault" unilateral divorce became legal and easier to obtain in many countries during the 1960s, 1970s, and 1980s.
Gay Pride in Rio de Janeiro
All these developments took place alongside and combined with an increase in world literacy and decline in religious observance. Old values such as the biblical notion of "be fruitful and multiply" were cast aside as people continued to feel alienated from the past and adopted the lifestyles of modernizing westernized cultures.
Another contribution that helped bring about this modern revolution of sexual freedom were the writings of Herbert Marcuse and Wilhelm Reich, who took the philosophy of Karl Marx and similar philosophers, and mixed together this chant for freedom of sexual rights in modern culture.
When speaking of sexual revolution, historians[citation needed] make a distinction between the first and the second sexual revolution. In the first sexual revolution (1870–1910), Victorian morality lost its universal appeal. However, it did not lead to the rise of a "permissive society". Exemplary for this period is the rise and differentiation in forms of regulating sexuality.
Feminism and sexual liberation[edit]
Coinciding with second-wave feminism and the women's liberation movement initiated in the early 1960s, the sexual liberation movement was aided by feminist ideologues in their mutual struggle to challenge traditional ideas regarding female sexuality and queer sexuality. Elimination of undue favorable bias towards men and objectification of women as well as support for women's right to choose her sexual partners free of outside interference or judgement were three of the main goals associated with sexual liberation from the feminist perspective. Since during the early stages of feminism, women's liberation was often equated with sexual liberation rather than associated with it. Many feminist thinkers believed that assertion of the primacy of sexuality would be a major step towards the ultimate goal of women's liberation, thus women were urged to initiate sexual advances, enjoy sex and experiment with new forms of sexuality.[15]
The feminist movements insisted and focused on the sexual liberation for women, both physical and psychological. The pursuit of sexual pleasure for women was the core ideology, which subsequently was to set the foundation for female independence. Although whether or not sexual freedom should be a feminist issue is currently a much-debated topic,[15] the feminist movement overtly defines itself as the movement for social, political, and economic equality of men and women.[16] Feminist movements are also involved the fight against sexism and since sexism is a highly complex notion,[17] it is difficult to separate the feminist critique toward sexism from its fight against sexual oppression.
The feminist movement has helped create a social climate in which LGBT people and women are increasingly able to be open and free with their sexuality,[15] which enabled a spiritual liberation of sorts with regards to sex. Rather than being forced to hide their sexual desires or feelings, women and LGBT people have gained and continue to gain increased freedom in this area. Consequently, the feminist movement to end sexual oppression has and continues to directly contribute to the sexual liberation movement.
Freudian school[edit]
Sigmund Freud of Vienna believed human behavior was motivated by unconscious drives, primarily by the libido or "Sexual Energy". Freud proposed to study how these unconscious drives were repressed and found expression through other cultural outlets. He called this therapy "psychoanalysis".
While Freud's ideas were sometimes ignored or provoked resistance within Viennese society, his ideas soon entered the discussions and working methods of anthropologists, artists and writers all over Europe, and from the 1920s in the United States. His conception of a primary sexual drive that would not be ultimately curbed by law, education or standards of decorum spelled a serious challenge to Victorian prudishness, and his theory of psychosexual development proposed a model for the development of sexual orientations and desires; children emerged from the Oedipus complex, a sexual desire towards their parent of the opposite sex. The idea of children having their parents as their early sexual targets was particularly shocking to Victorian and early 20th century society.
According to Freud's theory, in the earliest stage of a child's psychosexual development, the oral stage, the mother's breast became the formative source of all later erotic sensation. This new philosophy was the new intellectual and cultural underpinning ideology of the new age of sexual frankness. Much of his research remains widely contested by professionals in the field, though it is has spurred critical developments in the humanities.
Anarchist Freud scholars Otto Gross and Wilhelm Reich (who famously coined the phrase "Sexual Revolution") developed a sociology of sex in the 1910s to 1930s.
Mead's Coming of Age in Samoa[edit]
Main articles: Margaret Mead and Coming of Age in Samoa
The publication of renowned anthropologist and student of anthropologist Franz Boas, Margaret Mead's Coming of Age in Samoa brought the sexual revolution to the public scene, as her thoughts concerning sexual freedom pervaded academia. Published in 1928, Mead's ethnography focused on the psychosexual development of adolescent children on the island of Samoa. She recorded that their adolescence was not in fact a time of "storm and stress" as Erikson's stages of development suggest, but that the sexual freedom experienced by the adolescents actually permitted them an easy transition from childhood to adulthood.
Her findings were later criticized by anthropologist Derek Freeman who later investigated her claims of promiscuity and conducted his own ethnography of Samoan society. Mead called for a change in suppression of sexuality in America and her work directly resulted in the advancement of the sexual revolution in the 1930s.
Kinsey & Masters and Johnson[edit]
In the late 1940s and early 1950s, Alfred C. Kinsey published two surveys of modern sexual behaviour. In 1948 Alfred C. Kinsey and his co-workers, responding to a request by female students at Indiana University for more information on human sexual behavior, published the book Sexual behaviour in the Human Male. They followed this five years later with Sexual behaviour in the Human Female. These books began a revolution in social awareness of, and public attention given to, human sexuality.
It is said that at the time, public morality severely restricted open discussion of sexuality as a human characteristic, and specific sexual practices, especially sexual behaviours that did not lead to procreation. Kinsey's books contained studies about controversial topics such as the frequency of homosexuality, and the sexuality of minors aged two weeks to fourteen years. Scientists working for Kinsey reported data which led to the conclusion that people are capable of sexual stimulation from birth. Furthermore, Kinsey's method of researching sexuality differs significantly from today's methods. Kinsey would watch his research subjects engage in sexual intercourse, sometimes engaging with his subjects as well. He would also encourage his research team to do the same, and encouraged them to engage in intercourse with him, too.
These books laid the groundwork for Masters and Johnson's life work. A study called Human Sexual Response in 1966 revealed the nature and scope of the sexual practices of young Americans.
Erotic Novels[edit]
In the United States in the years 1959 through 1966, bans on three books with explicit erotic content were challenged and overturned. This also occurred in the United Kingdom starting with the 1959 Obscene Publications Act and reaching a peak with the LCL court case.
Prior to this time, a patchwork of regulations (as well as local customs and vigilante actions) governed what could and could not be published. For example, the United States Customs Service banned James Joyce's Ulysses by refusing to allow it to be imported into the United States. The Roman Catholic Church's Index Librorum Prohibitorum carried great weight among Catholics and amounted to an effective and instant boycott of any book appearing on it. Boston's Watch and Ward Society, a largely Protestant creation inspired by Anthony Comstock, made "banned in Boston" a national by-word.
Lady Chatterley's Lover[edit]
In 1959 Grove Press published an unexpurgated version of Lady Chatterley's Lover by D. H. Lawrence. The U.S. Post Office confiscated copies sent through the mail. Lawyer Charles Rembar sued the New York City Postmaster, and won in New York and then on federal appeal.
In 1965 Tom Lehrer was to celebrate the erotic appeal of the novel in his cheerfully satirical song "Smut" with the couplet "Who needs a hobby like tennis or philately? / I've got a hobby: rereading Lady Chatterley".
Tropic of Cancer[edit]
Henry Miller's 1934 novel, Tropic of Cancer, had explicit sexual passages and could not be published in the United States; an edition was printed by the Obelisk Press in Paris and copies were smuggled into the United States. (As of 2003, used book dealers asked $7,500 and more for copies of this edition.) In 1961 Grove Press issued a copy of the work, and dozens of booksellers were sued for selling it. The issue was ultimately settled by the U.S. Supreme Court's 1964 decision in Grove Press, Inc. v. Gerstein.
Fanny Hill[edit]
In 1965 Putnam published John Cleland's 1750 novel Fanny Hill. This was the turning point, because Charles Rembar appealed a restraining order against it all the way to the U.S. Supreme Court and won. In Memoirs v. Massachusetts, 383 U.S. 413, the court ruled that sex was "a great and mysterious motive force in human life", and that its expression in literature was protected by the First Amendment.
Only books primarily appealing to "prurient interest" could be banned. In a famous phrase, the court said that obscenity is "utterly without redeeming social importance"—meaning that, conversely, any work with redeeming social importance was not obscene, even if it contained isolated passages that could "deprave and corrupt" some readers. This decision was especially significant, because, of the three books mentioned, Fanny Hill has by far the largest measure of content that seems to appeal to prurient interest, and the smallest measures of literary merit and "redeeming social importance". Whereas an expurgated version of Lady Chatterley's Lover had actually once been published, no expurgated version of Fanny Hill had ever been. By permitting the publication of Fanny Hill, the U.S. Supreme Court set the bar for any ban so high that Rembar himself called the 1966 decision "the end of obscenity".
Nonfiction sex manuals[edit]
The court decisions that legalised the publication of Fanny Hill had an even more important effect: freed from fears of legal action, nonfiction works about sex and sexuality started to appear more often.
In 1962, Helen Gurley Brown published Sex and the Single Girl: The Unmarried Woman's Guide to Men, Careers, the Apartment, Diet, Fashion, Money and Men. The title itself would have been unthinkable a decade earlier. (In 1965 she went on to transform Cosmopolitan magazine into a life manual for young career women.[citation needed])
In 1969 Joan Garrity, identifying herself only as "J.", published The Way to Become the Sensuous Woman, with information on exercises to improve the dexterity of one's tongue and how to have anal sex.
The same year saw the appearance of Dr. David Reuben's book Everything You Always Wanted to Know About *Sex (*But Were Afraid to Ask). Despite the dignity of Reuben's medical credentials, this book was light-hearted in tone.
In 1970 the Boston Women's Health Collective published Women and Their Bodies (which became far better known a year later under its subsequent title Our Bodies, Ourselves). Not an erotic treatise or sex manual, the book nevertheless included frank descriptions of sexuality, and contained illustrations that could have caused legal problems just a few years earlier.
Alex Comfort's The Joy of Sex: A Gourmet Guide to Love Making appeared in 1972. In later editions though, Comfort's libertinism was tamed as a response to AIDS.
In 1975 Will McBride's Zeig Mal! (Show Me!), written with psychologist Helga Fleichhauer-Hardt for children and their parents, appeared in bookstores on both sides of the Atlantic. Appreciated by many parents for its frank depiction of pre-adolescents discovering and exploring their sexuality, it scandalised others and eventually it was pulled from circulation in the United States and some other countries. It was followed up in 1989 by Zeig Mal Mehr! ("Show Me More!").
These books had a number of things in common. They were factual and, in fact, educational. They were available to a mainstream readership. They were stacked high on the tables of discount bookstores, they were book club selections, and their authors were guests on late-night talk shows. People were seen reading them in public.
In a respectable petty bourgeois middle-class home, Playboy magazine and Fanny Hill might be present but would usually be kept out of sight. But at least some of these books might well be on the coffee table. Most important, all of these books acknowledged and celebrated the conscious cultivation of erotic pleasure.
The contribution of such books to the sexual revolution cannot be overstated. Earlier books such as What Every Girl Should Know (Margaret Sanger, 1920) and A Marriage Manual (Hannah and Abraham Stone, 1939) had broken the silence in which many people, women in particular, had grown up in.
By the 1950s, in the United States, it had become rare for women to go into their wedding nights not knowing what to expect. But the open discussion of sex as pleasure, and descriptions of sexual practices and techniques, was revolutionary. There were practices which, perhaps, some had heard of. But many adults did not know for sure whether they were realities, or fantasies found only in pornographic books.
Were they "normal", or were they examples of psychopathology? (When we use words such as fellatio we are still using the terminology of Krafft-Ebing's Psychopathia Sexualis). Did married ladies do these things, or only prostitutes? The Kinsey report revealed that these practices were, at the very least, surprisingly frequent. These other books asserted, in the words of a 1980 book by Dr. Irene Kassorla, that Nice Girls Do — And Now You Can Too.[citation needed]
Contraception[edit]
As birth control became widely accessible, men and women began to have more choice in over the matter of having children than ever before. The 1916 invention of thin, disposable latex condoms for men led to widespread affordable condoms by the 1930s; the demise of the Comstock laws in 1936 set the stage for promotion of available effective contraceptives such as the diaphragm and cervical cap; the 1960s introduction of the IUD and oral contraceptives for women gave a sense of freedom from barrier contraception. The opposition of Churches (e.g. Humanae vitae) led to parallel movements of secularization and exile from religion.[18] Women gained much greater access to birth control in the “girls world” decision in 1965, in the 1960s and 1970s the birth control movement advocated for the legalization of abortion and large scale education campaigns about contraception by governments.
United Kingdom[edit]
In the United Kingdom, the new generation growing up after World War II had grown tired of the rationing and austerity of the 1940s and 1950s and the Victorian values of their elders, so the 1960s were a time of rebellion against the fashions and social mores of the previous generation.
An early inkling of changing attitudes came in 1960, when the government of the day tried unsuccessfully to prosecute Penguin Books for obscenity, for publishing the D. H. Lawrence novel Lady Chatterley's Lover, which had been banned since the 1920s for what was considered racy content. The prosecution counsel Mervyn Griffith-Jones famously stood in front of the jury and asked, in his closing statement: "Is it a book you would wish your wife or servants to read?" When the case collapsed, the novel went on to become a bestseller, selling two million copies.
The Pill became available free of charge on the National Health Service in the 1960s, at first restricted to married women, but early in the 1970s its availability was extended to all women.
In 1967, laws prohibiting abortion and male homosexuality were repealed, although the age of consent for homosexual men was set at 21, in contrast to the heterosexual age of consent of 16. This is how it stayed until 1994, when the male homosexual age of consent was lowered to 18, and then equalised at 16 in 2001. Also in 2001, lesbian sex was recognised in British law for the first time ever, with an age of consent of 16.
Free love[edit]
Main article: Free love
Lovers kissing on the street
Beginning in San Francisco in the mid-1960s, a new culture of "free love" emerged, with thousands of young people becoming "hippies" who preached the power of love and the beauty of sex as part of ordinary life. This is part of a counterculture that continues to exist. By the 1970s, it was socially acceptable for colleges to permit co-ed housing.
Free love continued in different forms throughout the 1970s and into the early 1980s, but its more assertive manifestations ended abruptly (or at least disappeared from public view) in the mid-1980s when the public first became aware of AIDS, a deadly sexually transmitted disease.
Explicit sex on screen and stage[edit]
Swedish filmmakers like Ingmar Bergman and Vilgot Sjöman contributed to sexual liberation with sexually themed films that challenged conservative international standards. The 1951 film Hon dansade en sommar (She Danced One Summer AKA One Summer of Happiness) (directed by Arne Mattsson) starring Ulla Jacobsson and Folke Sundquist was notable in this regard for depicting explicit nudity, including nude bathing in a lake. .
This film, as well as Bergman's Sommaren med Monika (The Summer with Monika, 1951) and Tystnaden (The Silence, 1963), caused an international uproar, not least in the United States, where the films were charged with violating standards of decency. Vilgot Sjöman's film I Am Curious (Yellow), also created waves of international outcry, but it was very popular in the United States. Another of his films, 491, highlighted homosexuality among other things. Kärlekens språk (The Language of Love) was an informative documentary about sex and sexual techniques that featured the first real act of sex in a mainstream film, and inevitably it caused intense debate around the world.
From these films the concept (or catchphrase) of "Swedish sin" (licentiousness and seductive nudity) developed, even though Swedish society in the 1950s was still fairly conservative regarding sex, and the international concept of Swedish sexuality was and is largely exaggerated. The image of "hot love and cold people" emerged. Sexual liberalism was seen as part of the modernization process that, by breaking down traditional borders, would lead to the emancipation of natural forces and desires.[19] These films caused debate there as well. The films eventually progressed the public's attitude toward sex, especially in Sweden and other northern European countries, which today tend to be more sexually liberal than others. In Sweden and nearby countries at the time, these films, by virtue of being made by directors who had established themselves as leading names in their generation, helped delegitimize the idea of habitually demanding that films should avoid overtly sexual subject matter. It proved hard to question the seriousness of purpose of Bergman, Sjöman and others, and in their wake a consciously permissive and questioning attitude to sex, nudity and "difficult" subject matter in film - and on TV - became the new standard framework.
Explicit sex on screen and frontal nudity of men and women on stage became acceptable in many Western countries, as the twentieth century drew towards its close. Special places of entertainment offering striptease and lap dancing proliferated, and limits to 'acceptable' dress in pop/rock music and at discotheques and live music festivals, especially open-air festivals ever since the flower-power generation and Woodstock (1969), became very vague, both among performers and in the audiences or attendee crowd. The rich use of crossdressing and androgynous attributes and clothes in rock and pop stage costumes and even references to this in song lyrics, to express sexual, fashion or literary themes is also notable, from the Velvet Underground (in Lou Reed's lyrics) and the glam rock wave and onward. All of this persists in the early 21st century.
The famous Playboy Bunnies set a trend. Men came to be entertained by topless women at night-clubs which also hosted "peep shows".
Normalization of pornography[edit]
Further information: History of pornography
Sexual character is closely linked with developments in technology, and the somewhat more open and commercial circulation of pornography was a new phenomenon at the time of the sexual revolution. Pornography operated as a form of “cultural critique” insofar as it transgresses societal conventions. Manuel Castells claims that the online communities, which emerged (from the 1980s) around early bulletin board systems originated from the ranks of those who had been part of the counterculture movements and alternative way of life emerging out of the sexual revolution.[20]
Lynn Hunt points out that early modern “pornography” (18th century) is marked by a “preponderance of female narrators”, that the women were portrayed as independent, determined, financially successful (though not always socially successful and recognized) and scornful of the new ideals of female virtue and domesticity, and not objectifications of women’s bodies as many view pornography today. The sexual revolution was not unprecedented in identifying sex as a site of political potential and social culture. It was suggested during the sexual revolution that the interchangeability of bodies within pornography had radical implications for gender differences and that they could lose their meaning or at least redefine the meaning of gender roles and norms.[20] Porn had portrayed sexual honesty and bluntly in fiction, on stage and in movies. It could reinforce the crudest stereotypes of sex roles, standards of beauty, and power dynamics or contribution in the education of desire.
In 1971 Playboy stopped airbrushing pubic hair out of its centerfold picture spreads; this new addition caused the magazine to hit its all-time peak circulation of more than seven million copies in 1972 and men started having more choices when it came to magazines.[12]
In 1972 Deep Throat became something of a date movie, being kind of a kinky-wink-wink-let’s-check-it-out entertainment for heterosexual couples. The movie played all over America and was the first porn movie to earn a gross of a million dollars.[12]
The fact that pornography was less stigmatised by the end of the 1980s, and more mainstream movies depicted sexual intercourse as entertainment, was indicative of how normalised sexual revolution had become in society. Magazines depicting nudity, such as the popular Playboy and Penthouse magazines, won some acceptance as mainstream journals, in which public figures felt safe expressing their fantasies.
Feminists have offered mixed responses to pornography. Some figures in the feminist movement, such as Andrea Dworkin, challenged the depiction of women as objects in these pornographic or "urban men's" magazines. Other feminists such as Betty Dodson went on to found the pro-sex feminist movement in response to anti-pornography campaigns.
Premarital sex[edit]
Premarital sex, which had been heavily stigmatised for some time became more widely accepted during the sexual revolution. The increased availability of birth control (and the quasi-legalisation of abortion in some places) helped reduce the chance that pre-marital sex would result in unwanted children. By the mid-1970s the majority of newly married American couples had experienced sex before marriage.
The central part of the sexual revolution was the development of relationships between unmarried adults, which resulted in earlier sexual experimentation reinforced by a later age of marriage. The counterculture and the new left was the source of this later age of marriage. Americans were attending colleges and rebelling against their parent’s ideals, which caused them to marry later in age if at all. Therefore meaning that Americans were becoming more sexually experienced before they entered into monogamous relationships. The increasing divorce rate and the decreasing stigma attached to divorce during this era also contributed to sexual experimentation.[6] By 1971, more than 75% of America thought that premarital sex was okay, a threefold increase from the 1950s, and the number of unmarried Americans aged twenty to twenty-four more than doubled from 1960 to 1976. Americans were becoming less and less interested in getting married and settling down; less interested in monogamous relationships, 35% of the country in 1971 thought marriage was obsolete.[12]
The idea of marriage being out-of-date came from the new development of casual sex between Americans. For those who were not there to experience it, it may be difficult to imagine how risk-free sex was during the 1960s and 1970s, casual sex could truly be casual. With the development of the birth control pill and the legalization of abortion in 1973, there was little threat of unwanted children out of wedlock. Also, during this time every sexually transmitted disease was treatable; there was no incurable STDs, no AIDS.[12]
Swinger clubs were organizing in places ranging from the informal suburban home to disco-sized emporiums that promised a smorgasbord of sexual possibilities and free mouthwash. In New York City in 1977, Larry Levenson opened Plato's Retreat it was probably the closest that heterosexual America has ever gotten to the sexual frenzy of gay bathhouses. The retreat was eventually shut down in 1985 because of the constant hassle from public health authorities.[12]
Politics of sex[edit]
Politics in the United States has become intertwined with sexually related issues, called the "politics of sex". A differing view of abortion pitted pro-life activists against pro-choice activists.
Women and men who lived with each other without marriage sought "palimony" equal to the alimony. Teenagers assumed their right to a sexual life with whomever they pleased, and bathers fought to be topless or nude at beaches.
Criticism[edit]
U.S. World War II anti-venereal disease poster.
Fraenkel (1992) believes that the "sexual revolution", that the West supposedly experienced in the late 1960s, is indeed a misconception and that sex is not actually enjoyed freely, it is just observed in all the fields of culture; that's a kind of taboo behavior technically called "repressive desublimation".[21]
The end of the revolution[edit]
Allyn argues that the sexual optimism of the 1960s waned with the economic crises of the 70s, the massive commercialization of sex, increasing reports of child exploitation, disillusionment with the counter-culture and the New Left, and a combined left-right backlash against sexual liberation as an ideal. The discovery of herpes escalated anxieties rapidly and set the stage for the nation's panicked response to AIDS.[1]
The rise of right-wing politics in the early 1980s, the start of the AIDS epidemic, and the rise of megachurches and televangelists ended the revolution.[citation needed]
Although the rate of teenage sexual activity is hard to record, the prevalence of teenage pregnancy in developed nations such as Canada and the UK have seen a steady decline since the 1990s.[22][23] For example, in 1991 there were 61.8 children born per 1,000 teenage girls in the United States. By 2013, this number had declined to 26.6 births per 1,000 teenage girls. [24][dubious – discuss]
See also[edit]
Portal icon Sexuality portal
Birth control movement in the United States
Combined oral contraceptive pill
Feminist sex wars
Miscegenation
Reproductive rights
Open marriage
Sex in the American Civil War
Sex magic
Sex-positive movement
Sexual objectification
Sexual revolution in 1960s America
Social Darwinism
Notes[edit]
1.^ Jump up to: a b c Allyn, 2000.
2.Jump up ^ Escoffier, 2003.
3.Jump up ^ Germaine Greer and The Female Eunuch
4.Jump up ^ "Abc-Clio". Greenwood.com. Retrieved 2011-11-05.
5.Jump up ^ The term appeared as early as 1929; the book Is Sex Necessary?, by Thurber & White, has a chapter titled The Sexual Revolution: Being a Rather Complete Survey of the Entire Sexual Scene.
6.^ Jump up to: a b c d e f "Sexual Revolution, 1960 - 1980". Retrieved 14 December 2012.
7.Jump up ^ Bannon, Ann. "Sexual Revolution (9781560255253): Jeffrey Escoffier, Fred W. McDarrah, Erica Jong: Books". Amazon.com. Retrieved 2011-11-05.
8.Jump up ^ http://www.popsci.com/science/article/2013-01/did-penicillin-kickstart-sexual-revolution
9.Jump up ^ Kevin Slack, "Liberalism Radicalized: The Sexual Revolution, Multiculturalism, and the Rise of Identity Politics," http://www.heritage.org/research/reports/2013/08/liberalism-radicalized-the-sexual-revolution-multiculturalism-and-the-rise-of-identity-politics
10.Jump up ^ Isserman, Maurice (2012). America Divided. New York, NY: Oxford University Press. pp. 138–140. ISBN 978-0-19-976506-5.
11.^ Jump up to: a b c d e Farber, David. The Sixties Chronicles. Legacy Publishing. p. 30. ISBN 141271009X.
12.^ Jump up to: a b c d e f Kahn, Ashley (1998). Rolling Stone: The Seventies. Boston: Little, Brown and Co. pp. 54–57.
13.Jump up ^ Alan Petigny, "Illegitimacy, Postwar Psychology, and the Reperiodisation of the Sexual Revolution" Journal of Social History, fall 2004
14.Jump up ^ Koedt, Anne. "The Myth of the Vaginal Orgasm". Retrieved 16 December 2012.
15.^ Jump up to: a b c Hooks, Bell (1984). Feminist Theory, From Margin To Centre. Cambridge, MA: South End Press classics. p. 149. ISBN 978-0-89608-613-5.
16.Jump up ^ Baumgardner and Richards. "What Is Feminism". Retrieved 27 March 2013.
17.Jump up ^ Cudd, Ann (2005). Feminist Theory A Philosophical Anthology. Malden, MA: Blackwell Publishing Ltd. p. 74. ISBN 978-1-4051-1660-2.
18.Jump up ^ "Fri, Jul 25, 2008 - 'Humanae Vitae' birth control ban set off a wave of dissent". The Irish Times. 2008-07-07. Retrieved 2011-11-05.
19.Jump up ^ Marklund, Carl (2009). "Hot Love and Cold People. Sexual Liberalism as Political Escapism in Radical Sweden". NORDEUROPAforum 19 (1): 83–101.
20.^ Jump up to: a b Garlick, Steve (August 2011). "A New Sexual Revolution? Critical Theory, Pornography, and the Internet". Canadian Review of Sociology 48 (3): 221–239. doi:10.1111/j.1755-618X.2011.01264.x. PMID 22214041. Retrieved 14 December 2012.
21.Jump up ^ Herbert Marcuse (1964) pp.59, 75–82
22.Jump up ^ http://www.sexualityandu.ca/resource-library/statistics/teen-pregnancy-rates
23.Jump up ^ Beckford, Martin (2011-02-23). "Teenage pregnancies at lowest level since 1980s". The Daily Telegraph (London).
24.Jump up ^ United Nations Statistics Division. (2014). Demographic Yearbook 2012: Live births by age of mother. New York, NY: United Nations. Retrieved January 15, 2015 from http://unstats.un.org/unsd/demographic/products/dyb/dyb2012/Table10.pdf
References[edit]
Allyn, David. (2000). Make Love, Not War: The Sexual Revolution: An Unfettered History. Little, Brown and Company. ISBN 0-316-03930-6.
Escoffier, Jeffrey. (Editor). (2003). Sexual Revolution. Running Press. ISBN 1-56025-525-0.
Fraenkel, Boris. (1936). Die Sexualität im Kulturkampf. Erre emme (pub).
Klepacki, Linda. (2008). A Look at the Sexual Revolution in the United States. Focus on the Family Action, Inc. Retrieved 2008-04-20.
Marcuse, Herbert. (1964). One-Dimensional Man. (pp. 59, 75–82). Routledge. ISBN 0-415-28977-7.
Richardson, Diane. (2000). Critical Social Policy, Vol. 20, No. 1, 105–135. Constructing sexual citizenship: theorizing sexual rights. Sage Journals Online. Retrieved 2008-04-20.
Time Magazine. (1967-07-07). The Hippies. Time Inc. Retrieved 2008-04-20.
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http://en.wikipedia.org/wiki/Sexual_revolution
Sexual revolution
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For other uses, see Sexual revolution (disambiguation).
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The sexual revolution, also known as a time of sexual liberation, was a social movement that challenged traditional codes of behavior related to sexuality and interpersonal relationships throughout the Western world from the 1960s to the 1980s.[1] Sexual liberation included increased acceptance of sex outside of traditional heterosexual, monogamous relationships (primarily marriage).[2] Contraception and the pill, public nudity, the normalization of premarital sex, homosexuality and alternative forms of sexuality, and the legalization of abortion all followed.[3][4]
Contents [hide]
1 Overview
2 Historical development 2.1 Role of the mass media
3 Modern revolutions
4 Feminism and sexual liberation
5 Freudian school
6 Mead's Coming of Age in Samoa
7 Kinsey & Masters and Johnson
8 Erotic Novels 8.1 Lady Chatterley's Lover
8.2 Tropic of Cancer
8.3 Fanny Hill
9 Nonfiction sex manuals
10 Contraception
11 United Kingdom
12 Free love
13 Explicit sex on screen and stage
14 Normalization of pornography
15 Premarital sex
16 Politics of sex
17 Criticism
18 The end of the revolution
19 See also
20 Notes
21 References
Overview[edit]
The term "sexual revolution" has been used at least since the late 1910s.[5] Some early commentators believed the sexual revolution of 1960–1980 was in fact the second such revolution in America; they believe that the first revolution was during the Roaring Twenties after World War I and it included writers such as F. Scott Fitzgerald, Edna Saint Vincent Millay, and Ernest Hemingway. However, the age of changes in perception and practices of sexuality that developed from around 1960 was to reach mainstream, middle-class, even middle-aged America as well as most of western Europe. It brought about profound shifts in the attitudes to women’s sexuality, homosexuality, pre-marital sexuality and the freedom of sexual expression. Psychologists and Freudian theorists such as William Reich and Alfred Kinsey influenced the revolution, as well as literature and films, and the social movements of the period, including the counterculture movement, the women’s movement, and the gay rights movement.[6] The counterculture contributed to the awareness of radical cultural change that was the social matrix of the sexual revolution.,[6] contributed to the changes.
By the mid-1970s and through the 1980s, newly won sexual freedoms were being exploited by big businesses looking to capitalize on an increasingly permissive society, with the advent of public and hardcore pornography.[7] Historian David Allyn argues that the sexual revolution was a time of "coming-out": about premarital sex, masturbation, erotic fantasies, pornography use, and sexuality.[1]
Historical development[edit]
The sexual revolution can be seen as an outgrowth of a process. Though its roots may be traced back as far as the Enlightenment (Rousseau, Marquis de Sade) and the Victorian era (Algernon Charles Swinburne's scandalous Poems and Ballads of 1866), it was a development in the modern world which saw the significant loss of power by the values of a morality rooted in the Christian tradition and the rise of permissive societies, of attitudes that were accepting of greater sexual freedom and experimentation that spread all over the world and were captured in the concept of "free love". Modern medicine may also have played a role, penicillin was able to largely eradicate syphilis and this brought greater freedom.[8]
The sexual revolution was initiated by those who shared a belief in the detrimental impact of sexual repression, a view that had previously been argued by Wilhelm Reich and D. H. Lawrence, by Sigmund Freud and by the Surrealist movement. The counterculture wanted to explore the body and mind, and free the personal self from the moral and legal sexual confines of modern America, as well as from 1940s-50s morals in general.[9] The sexual revolution of the sixties was an uprising rooted in a conviction that the erotic should be celebrated as a normal part of life and not repressed by family, industrialized sexual morality, religion and the state.[10]
In 1953, Chicago resident Hugh Hefner founded Playboy, a magazine which aimed to target males between the ages of 21 and 45.[11] Featuring cartoons, interviews, short fiction, Hefner "Playboy Philosophy" and - most crucially - half-naked female "Playmates" posing provocatively, the magazine became immensely successful.[11] In 1960, Hefner decided to expand his enterprise and opened the first Playboy Club in Chicago.[11] The private clubs, which expanded in numbers throughout the 1960s, offered relaxation for its members, who were waited on by Playboy Bunnies.[11] Hefner's influence would represent a growing change in America's attitude towards sex.[11]
There was an increase of sexual encounters between unmarried adults. Divorce rates were dramatically increasing and marriage rates were significantly decreasing in this time period. The number of unmarried Americans aged twenty to twenty-four more than doubled from 4.3 million in 1960 to 9.7 million in 1976.[12] Men and women sought to reshape marriage by instilling new institutions of open marriage, mate swapping, and swinging, and communal sex.[6] There is an introduction of casual sex during the revolution to a level that was never seen or heard before. Americans were gaining a set of relaxed morals and with the contribution of premarital sex on the rise and the development of birth control, casual sex between adults was becoming very popular.
Role of the mass media[edit]
TV, the new mass communication device of the age, along with other media outlets such as radio and magazines, could broadcast information in a matter of seconds to millions of people, while only a few wealthy people would control what millions could watch. Some modern historians have theorized that these media outlets helped to spread new ideas, which were considered radical. The struggles, skirmishes and rhetorical confrontations happening in the course of these movements also became directly visible to ordinary people in a way they would never have been before; the sense of involvement in a social and sexual shift happening in the present could rapidly win new converts and spread discussions afield. The counterculture of the 1960s was becoming well known through radio, newspapers, TV, books, music and other media by the end of the 1960s.
One suggested cause of the 1960s sexual revolution was the development of the birth control pill in 1960, which gave women access to easy and reliable contraception. Another likely cause was a vast improvement in obstetrics, greatly reducing the number of women who died due to childbearing, thus increasing the life expectancy of women. A third, more indirect cause was the large number of children born in the 1940s and early 1950s all over the western world—the 'Baby Boom Generation'--many of whom would grow up in relatively prosperous and safe conditions, within a middle class on the rise and with better access to education and entertainment than ever before. By their demographic weight and their social and educational background they came to trigger a shift in society towards more permissive and informalized attitudes.
Other data suggest[weasel words] the "revolution" was more directly influenced by the financial independence gained by many women who entered the workforce during and after World War II, making the revolution more about individual equality rather than biological independence. Many historians,[quantify] however, feel that one specific cause cannot be selected for this large phenomenon.[13] French feminist writer Simone de Beauvoir was particularly adamant that economic equality greatly contributes to improved gender equality.
Modern revolutions[edit]
1997 in New York City
The Gay Rights Movement started because the Stonewall Riots of 1969 crystallized a broad grass-roots mobilization of the homosexual movement. New gay liberationist gave political meaning to “coming out” by extending the psychological-personal process into public life. During the 1950s the most feared thing of the homosexual culture was “coming out”, the homosexual culture of the 1950s did everything they could to help keep their sexuality a secret from the public and everyone else in their lives, but Alfred Kinsey's research on homosexuality proved that 39% of the unmarried male population had at least one homosexual experience to orgasm between adolescence and old age.[6] By the gay liberationist making “coming out” public they helped mobilize people to live full-time as a homosexual, they no longer had to live in secret. Homosexuals could now enjoy sexual relationships and encounters much more often than ever before. They no longer had to sneak around and occasionally receive the sexual attention that they desire or force themselves into a heterosexual relationship in which they had no interest, and was full of lies. The 1970 gay novelist, Brad Gooch, wrote the “Golden Age of Promiscuity” meaning that the gay male community finally had reached a rich culture of “easy sex”, “sex without” commitment, obligation or long-term relationships.[6] The gay rights movement was reclamation of cultural, social, and political citizenship through sex and decriminalized gay sex, by removing gay sex as a psychological sickness.
The Women’s Movement in the time of the Sexual Revolution helped contribute to redefining women’s sexuality, not in the terms of simply pleasing men any longer but instead there was recognition of women’s sexual satisfaction and sexual desire. Finally "The Myth of the Vaginal Orgasm" by Anne Koedt discovered an understanding of a women’s sexual anatomy. The female anatomy was now given some scientific fact and reasoning for how and why women orgasm the way they do instead of Freud’s basis of women’s vaginal orgasm which was not based on a women’s anatomy, but rather upon his “assumptions of women as inferior appendage to man, and her consequent social and psychological role.” [14] The women’s movement was able to develop lesbian feminism, freedom from heterosexual act, and freedom from reproduction as distillation of feminism during the time of the Sexual Revolution. Feminist Betty Friedan wrote the Feminine Mystique in 1963, concerning the many frustrations women had with their lives and with separate spheres, which established a pattern of inequality.
The Industrial Revolution during the nineteenth century and the growth of science and technology, medicine and health care, resulted in better contraceptives being manufactured. Advances in the manufacture and production of rubber made possible the design and production of condoms that could be used by hundreds of millions of men and women to prevent pregnancy at little cost.
Advances in chemistry, pharmacology, and biology, and human physiology led to the discovery and perfection of the first oral contraceptives also known as "the Pill". Purchasing an aphrodisiac and various sex toys became "normal". Sado-masochism ("S&M") gained popularity, and "no-fault" unilateral divorce became legal and easier to obtain in many countries during the 1960s, 1970s, and 1980s.
Gay Pride in Rio de Janeiro
All these developments took place alongside and combined with an increase in world literacy and decline in religious observance. Old values such as the biblical notion of "be fruitful and multiply" were cast aside as people continued to feel alienated from the past and adopted the lifestyles of modernizing westernized cultures.
Another contribution that helped bring about this modern revolution of sexual freedom were the writings of Herbert Marcuse and Wilhelm Reich, who took the philosophy of Karl Marx and similar philosophers, and mixed together this chant for freedom of sexual rights in modern culture.
When speaking of sexual revolution, historians[citation needed] make a distinction between the first and the second sexual revolution. In the first sexual revolution (1870–1910), Victorian morality lost its universal appeal. However, it did not lead to the rise of a "permissive society". Exemplary for this period is the rise and differentiation in forms of regulating sexuality.
Feminism and sexual liberation[edit]
Coinciding with second-wave feminism and the women's liberation movement initiated in the early 1960s, the sexual liberation movement was aided by feminist ideologues in their mutual struggle to challenge traditional ideas regarding female sexuality and queer sexuality. Elimination of undue favorable bias towards men and objectification of women as well as support for women's right to choose her sexual partners free of outside interference or judgement were three of the main goals associated with sexual liberation from the feminist perspective. Since during the early stages of feminism, women's liberation was often equated with sexual liberation rather than associated with it. Many feminist thinkers believed that assertion of the primacy of sexuality would be a major step towards the ultimate goal of women's liberation, thus women were urged to initiate sexual advances, enjoy sex and experiment with new forms of sexuality.[15]
The feminist movements insisted and focused on the sexual liberation for women, both physical and psychological. The pursuit of sexual pleasure for women was the core ideology, which subsequently was to set the foundation for female independence. Although whether or not sexual freedom should be a feminist issue is currently a much-debated topic,[15] the feminist movement overtly defines itself as the movement for social, political, and economic equality of men and women.[16] Feminist movements are also involved the fight against sexism and since sexism is a highly complex notion,[17] it is difficult to separate the feminist critique toward sexism from its fight against sexual oppression.
The feminist movement has helped create a social climate in which LGBT people and women are increasingly able to be open and free with their sexuality,[15] which enabled a spiritual liberation of sorts with regards to sex. Rather than being forced to hide their sexual desires or feelings, women and LGBT people have gained and continue to gain increased freedom in this area. Consequently, the feminist movement to end sexual oppression has and continues to directly contribute to the sexual liberation movement.
Freudian school[edit]
Sigmund Freud of Vienna believed human behavior was motivated by unconscious drives, primarily by the libido or "Sexual Energy". Freud proposed to study how these unconscious drives were repressed and found expression through other cultural outlets. He called this therapy "psychoanalysis".
While Freud's ideas were sometimes ignored or provoked resistance within Viennese society, his ideas soon entered the discussions and working methods of anthropologists, artists and writers all over Europe, and from the 1920s in the United States. His conception of a primary sexual drive that would not be ultimately curbed by law, education or standards of decorum spelled a serious challenge to Victorian prudishness, and his theory of psychosexual development proposed a model for the development of sexual orientations and desires; children emerged from the Oedipus complex, a sexual desire towards their parent of the opposite sex. The idea of children having their parents as their early sexual targets was particularly shocking to Victorian and early 20th century society.
According to Freud's theory, in the earliest stage of a child's psychosexual development, the oral stage, the mother's breast became the formative source of all later erotic sensation. This new philosophy was the new intellectual and cultural underpinning ideology of the new age of sexual frankness. Much of his research remains widely contested by professionals in the field, though it is has spurred critical developments in the humanities.
Anarchist Freud scholars Otto Gross and Wilhelm Reich (who famously coined the phrase "Sexual Revolution") developed a sociology of sex in the 1910s to 1930s.
Mead's Coming of Age in Samoa[edit]
Main articles: Margaret Mead and Coming of Age in Samoa
The publication of renowned anthropologist and student of anthropologist Franz Boas, Margaret Mead's Coming of Age in Samoa brought the sexual revolution to the public scene, as her thoughts concerning sexual freedom pervaded academia. Published in 1928, Mead's ethnography focused on the psychosexual development of adolescent children on the island of Samoa. She recorded that their adolescence was not in fact a time of "storm and stress" as Erikson's stages of development suggest, but that the sexual freedom experienced by the adolescents actually permitted them an easy transition from childhood to adulthood.
Her findings were later criticized by anthropologist Derek Freeman who later investigated her claims of promiscuity and conducted his own ethnography of Samoan society. Mead called for a change in suppression of sexuality in America and her work directly resulted in the advancement of the sexual revolution in the 1930s.
Kinsey & Masters and Johnson[edit]
In the late 1940s and early 1950s, Alfred C. Kinsey published two surveys of modern sexual behaviour. In 1948 Alfred C. Kinsey and his co-workers, responding to a request by female students at Indiana University for more information on human sexual behavior, published the book Sexual behaviour in the Human Male. They followed this five years later with Sexual behaviour in the Human Female. These books began a revolution in social awareness of, and public attention given to, human sexuality.
It is said that at the time, public morality severely restricted open discussion of sexuality as a human characteristic, and specific sexual practices, especially sexual behaviours that did not lead to procreation. Kinsey's books contained studies about controversial topics such as the frequency of homosexuality, and the sexuality of minors aged two weeks to fourteen years. Scientists working for Kinsey reported data which led to the conclusion that people are capable of sexual stimulation from birth. Furthermore, Kinsey's method of researching sexuality differs significantly from today's methods. Kinsey would watch his research subjects engage in sexual intercourse, sometimes engaging with his subjects as well. He would also encourage his research team to do the same, and encouraged them to engage in intercourse with him, too.
These books laid the groundwork for Masters and Johnson's life work. A study called Human Sexual Response in 1966 revealed the nature and scope of the sexual practices of young Americans.
Erotic Novels[edit]
In the United States in the years 1959 through 1966, bans on three books with explicit erotic content were challenged and overturned. This also occurred in the United Kingdom starting with the 1959 Obscene Publications Act and reaching a peak with the LCL court case.
Prior to this time, a patchwork of regulations (as well as local customs and vigilante actions) governed what could and could not be published. For example, the United States Customs Service banned James Joyce's Ulysses by refusing to allow it to be imported into the United States. The Roman Catholic Church's Index Librorum Prohibitorum carried great weight among Catholics and amounted to an effective and instant boycott of any book appearing on it. Boston's Watch and Ward Society, a largely Protestant creation inspired by Anthony Comstock, made "banned in Boston" a national by-word.
Lady Chatterley's Lover[edit]
In 1959 Grove Press published an unexpurgated version of Lady Chatterley's Lover by D. H. Lawrence. The U.S. Post Office confiscated copies sent through the mail. Lawyer Charles Rembar sued the New York City Postmaster, and won in New York and then on federal appeal.
In 1965 Tom Lehrer was to celebrate the erotic appeal of the novel in his cheerfully satirical song "Smut" with the couplet "Who needs a hobby like tennis or philately? / I've got a hobby: rereading Lady Chatterley".
Tropic of Cancer[edit]
Henry Miller's 1934 novel, Tropic of Cancer, had explicit sexual passages and could not be published in the United States; an edition was printed by the Obelisk Press in Paris and copies were smuggled into the United States. (As of 2003, used book dealers asked $7,500 and more for copies of this edition.) In 1961 Grove Press issued a copy of the work, and dozens of booksellers were sued for selling it. The issue was ultimately settled by the U.S. Supreme Court's 1964 decision in Grove Press, Inc. v. Gerstein.
Fanny Hill[edit]
In 1965 Putnam published John Cleland's 1750 novel Fanny Hill. This was the turning point, because Charles Rembar appealed a restraining order against it all the way to the U.S. Supreme Court and won. In Memoirs v. Massachusetts, 383 U.S. 413, the court ruled that sex was "a great and mysterious motive force in human life", and that its expression in literature was protected by the First Amendment.
Only books primarily appealing to "prurient interest" could be banned. In a famous phrase, the court said that obscenity is "utterly without redeeming social importance"—meaning that, conversely, any work with redeeming social importance was not obscene, even if it contained isolated passages that could "deprave and corrupt" some readers. This decision was especially significant, because, of the three books mentioned, Fanny Hill has by far the largest measure of content that seems to appeal to prurient interest, and the smallest measures of literary merit and "redeeming social importance". Whereas an expurgated version of Lady Chatterley's Lover had actually once been published, no expurgated version of Fanny Hill had ever been. By permitting the publication of Fanny Hill, the U.S. Supreme Court set the bar for any ban so high that Rembar himself called the 1966 decision "the end of obscenity".
Nonfiction sex manuals[edit]
The court decisions that legalised the publication of Fanny Hill had an even more important effect: freed from fears of legal action, nonfiction works about sex and sexuality started to appear more often.
In 1962, Helen Gurley Brown published Sex and the Single Girl: The Unmarried Woman's Guide to Men, Careers, the Apartment, Diet, Fashion, Money and Men. The title itself would have been unthinkable a decade earlier. (In 1965 she went on to transform Cosmopolitan magazine into a life manual for young career women.[citation needed])
In 1969 Joan Garrity, identifying herself only as "J.", published The Way to Become the Sensuous Woman, with information on exercises to improve the dexterity of one's tongue and how to have anal sex.
The same year saw the appearance of Dr. David Reuben's book Everything You Always Wanted to Know About *Sex (*But Were Afraid to Ask). Despite the dignity of Reuben's medical credentials, this book was light-hearted in tone.
In 1970 the Boston Women's Health Collective published Women and Their Bodies (which became far better known a year later under its subsequent title Our Bodies, Ourselves). Not an erotic treatise or sex manual, the book nevertheless included frank descriptions of sexuality, and contained illustrations that could have caused legal problems just a few years earlier.
Alex Comfort's The Joy of Sex: A Gourmet Guide to Love Making appeared in 1972. In later editions though, Comfort's libertinism was tamed as a response to AIDS.
In 1975 Will McBride's Zeig Mal! (Show Me!), written with psychologist Helga Fleichhauer-Hardt for children and their parents, appeared in bookstores on both sides of the Atlantic. Appreciated by many parents for its frank depiction of pre-adolescents discovering and exploring their sexuality, it scandalised others and eventually it was pulled from circulation in the United States and some other countries. It was followed up in 1989 by Zeig Mal Mehr! ("Show Me More!").
These books had a number of things in common. They were factual and, in fact, educational. They were available to a mainstream readership. They were stacked high on the tables of discount bookstores, they were book club selections, and their authors were guests on late-night talk shows. People were seen reading them in public.
In a respectable petty bourgeois middle-class home, Playboy magazine and Fanny Hill might be present but would usually be kept out of sight. But at least some of these books might well be on the coffee table. Most important, all of these books acknowledged and celebrated the conscious cultivation of erotic pleasure.
The contribution of such books to the sexual revolution cannot be overstated. Earlier books such as What Every Girl Should Know (Margaret Sanger, 1920) and A Marriage Manual (Hannah and Abraham Stone, 1939) had broken the silence in which many people, women in particular, had grown up in.
By the 1950s, in the United States, it had become rare for women to go into their wedding nights not knowing what to expect. But the open discussion of sex as pleasure, and descriptions of sexual practices and techniques, was revolutionary. There were practices which, perhaps, some had heard of. But many adults did not know for sure whether they were realities, or fantasies found only in pornographic books.
Were they "normal", or were they examples of psychopathology? (When we use words such as fellatio we are still using the terminology of Krafft-Ebing's Psychopathia Sexualis). Did married ladies do these things, or only prostitutes? The Kinsey report revealed that these practices were, at the very least, surprisingly frequent. These other books asserted, in the words of a 1980 book by Dr. Irene Kassorla, that Nice Girls Do — And Now You Can Too.[citation needed]
Contraception[edit]
As birth control became widely accessible, men and women began to have more choice in over the matter of having children than ever before. The 1916 invention of thin, disposable latex condoms for men led to widespread affordable condoms by the 1930s; the demise of the Comstock laws in 1936 set the stage for promotion of available effective contraceptives such as the diaphragm and cervical cap; the 1960s introduction of the IUD and oral contraceptives for women gave a sense of freedom from barrier contraception. The opposition of Churches (e.g. Humanae vitae) led to parallel movements of secularization and exile from religion.[18] Women gained much greater access to birth control in the “girls world” decision in 1965, in the 1960s and 1970s the birth control movement advocated for the legalization of abortion and large scale education campaigns about contraception by governments.
United Kingdom[edit]
In the United Kingdom, the new generation growing up after World War II had grown tired of the rationing and austerity of the 1940s and 1950s and the Victorian values of their elders, so the 1960s were a time of rebellion against the fashions and social mores of the previous generation.
An early inkling of changing attitudes came in 1960, when the government of the day tried unsuccessfully to prosecute Penguin Books for obscenity, for publishing the D. H. Lawrence novel Lady Chatterley's Lover, which had been banned since the 1920s for what was considered racy content. The prosecution counsel Mervyn Griffith-Jones famously stood in front of the jury and asked, in his closing statement: "Is it a book you would wish your wife or servants to read?" When the case collapsed, the novel went on to become a bestseller, selling two million copies.
The Pill became available free of charge on the National Health Service in the 1960s, at first restricted to married women, but early in the 1970s its availability was extended to all women.
In 1967, laws prohibiting abortion and male homosexuality were repealed, although the age of consent for homosexual men was set at 21, in contrast to the heterosexual age of consent of 16. This is how it stayed until 1994, when the male homosexual age of consent was lowered to 18, and then equalised at 16 in 2001. Also in 2001, lesbian sex was recognised in British law for the first time ever, with an age of consent of 16.
Free love[edit]
Main article: Free love
Lovers kissing on the street
Beginning in San Francisco in the mid-1960s, a new culture of "free love" emerged, with thousands of young people becoming "hippies" who preached the power of love and the beauty of sex as part of ordinary life. This is part of a counterculture that continues to exist. By the 1970s, it was socially acceptable for colleges to permit co-ed housing.
Free love continued in different forms throughout the 1970s and into the early 1980s, but its more assertive manifestations ended abruptly (or at least disappeared from public view) in the mid-1980s when the public first became aware of AIDS, a deadly sexually transmitted disease.
Explicit sex on screen and stage[edit]
Swedish filmmakers like Ingmar Bergman and Vilgot Sjöman contributed to sexual liberation with sexually themed films that challenged conservative international standards. The 1951 film Hon dansade en sommar (She Danced One Summer AKA One Summer of Happiness) (directed by Arne Mattsson) starring Ulla Jacobsson and Folke Sundquist was notable in this regard for depicting explicit nudity, including nude bathing in a lake. .
This film, as well as Bergman's Sommaren med Monika (The Summer with Monika, 1951) and Tystnaden (The Silence, 1963), caused an international uproar, not least in the United States, where the films were charged with violating standards of decency. Vilgot Sjöman's film I Am Curious (Yellow), also created waves of international outcry, but it was very popular in the United States. Another of his films, 491, highlighted homosexuality among other things. Kärlekens språk (The Language of Love) was an informative documentary about sex and sexual techniques that featured the first real act of sex in a mainstream film, and inevitably it caused intense debate around the world.
From these films the concept (or catchphrase) of "Swedish sin" (licentiousness and seductive nudity) developed, even though Swedish society in the 1950s was still fairly conservative regarding sex, and the international concept of Swedish sexuality was and is largely exaggerated. The image of "hot love and cold people" emerged. Sexual liberalism was seen as part of the modernization process that, by breaking down traditional borders, would lead to the emancipation of natural forces and desires.[19] These films caused debate there as well. The films eventually progressed the public's attitude toward sex, especially in Sweden and other northern European countries, which today tend to be more sexually liberal than others. In Sweden and nearby countries at the time, these films, by virtue of being made by directors who had established themselves as leading names in their generation, helped delegitimize the idea of habitually demanding that films should avoid overtly sexual subject matter. It proved hard to question the seriousness of purpose of Bergman, Sjöman and others, and in their wake a consciously permissive and questioning attitude to sex, nudity and "difficult" subject matter in film - and on TV - became the new standard framework.
Explicit sex on screen and frontal nudity of men and women on stage became acceptable in many Western countries, as the twentieth century drew towards its close. Special places of entertainment offering striptease and lap dancing proliferated, and limits to 'acceptable' dress in pop/rock music and at discotheques and live music festivals, especially open-air festivals ever since the flower-power generation and Woodstock (1969), became very vague, both among performers and in the audiences or attendee crowd. The rich use of crossdressing and androgynous attributes and clothes in rock and pop stage costumes and even references to this in song lyrics, to express sexual, fashion or literary themes is also notable, from the Velvet Underground (in Lou Reed's lyrics) and the glam rock wave and onward. All of this persists in the early 21st century.
The famous Playboy Bunnies set a trend. Men came to be entertained by topless women at night-clubs which also hosted "peep shows".
Normalization of pornography[edit]
Further information: History of pornography
Sexual character is closely linked with developments in technology, and the somewhat more open and commercial circulation of pornography was a new phenomenon at the time of the sexual revolution. Pornography operated as a form of “cultural critique” insofar as it transgresses societal conventions. Manuel Castells claims that the online communities, which emerged (from the 1980s) around early bulletin board systems originated from the ranks of those who had been part of the counterculture movements and alternative way of life emerging out of the sexual revolution.[20]
Lynn Hunt points out that early modern “pornography” (18th century) is marked by a “preponderance of female narrators”, that the women were portrayed as independent, determined, financially successful (though not always socially successful and recognized) and scornful of the new ideals of female virtue and domesticity, and not objectifications of women’s bodies as many view pornography today. The sexual revolution was not unprecedented in identifying sex as a site of political potential and social culture. It was suggested during the sexual revolution that the interchangeability of bodies within pornography had radical implications for gender differences and that they could lose their meaning or at least redefine the meaning of gender roles and norms.[20] Porn had portrayed sexual honesty and bluntly in fiction, on stage and in movies. It could reinforce the crudest stereotypes of sex roles, standards of beauty, and power dynamics or contribution in the education of desire.
In 1971 Playboy stopped airbrushing pubic hair out of its centerfold picture spreads; this new addition caused the magazine to hit its all-time peak circulation of more than seven million copies in 1972 and men started having more choices when it came to magazines.[12]
In 1972 Deep Throat became something of a date movie, being kind of a kinky-wink-wink-let’s-check-it-out entertainment for heterosexual couples. The movie played all over America and was the first porn movie to earn a gross of a million dollars.[12]
The fact that pornography was less stigmatised by the end of the 1980s, and more mainstream movies depicted sexual intercourse as entertainment, was indicative of how normalised sexual revolution had become in society. Magazines depicting nudity, such as the popular Playboy and Penthouse magazines, won some acceptance as mainstream journals, in which public figures felt safe expressing their fantasies.
Feminists have offered mixed responses to pornography. Some figures in the feminist movement, such as Andrea Dworkin, challenged the depiction of women as objects in these pornographic or "urban men's" magazines. Other feminists such as Betty Dodson went on to found the pro-sex feminist movement in response to anti-pornography campaigns.
Premarital sex[edit]
Premarital sex, which had been heavily stigmatised for some time became more widely accepted during the sexual revolution. The increased availability of birth control (and the quasi-legalisation of abortion in some places) helped reduce the chance that pre-marital sex would result in unwanted children. By the mid-1970s the majority of newly married American couples had experienced sex before marriage.
The central part of the sexual revolution was the development of relationships between unmarried adults, which resulted in earlier sexual experimentation reinforced by a later age of marriage. The counterculture and the new left was the source of this later age of marriage. Americans were attending colleges and rebelling against their parent’s ideals, which caused them to marry later in age if at all. Therefore meaning that Americans were becoming more sexually experienced before they entered into monogamous relationships. The increasing divorce rate and the decreasing stigma attached to divorce during this era also contributed to sexual experimentation.[6] By 1971, more than 75% of America thought that premarital sex was okay, a threefold increase from the 1950s, and the number of unmarried Americans aged twenty to twenty-four more than doubled from 1960 to 1976. Americans were becoming less and less interested in getting married and settling down; less interested in monogamous relationships, 35% of the country in 1971 thought marriage was obsolete.[12]
The idea of marriage being out-of-date came from the new development of casual sex between Americans. For those who were not there to experience it, it may be difficult to imagine how risk-free sex was during the 1960s and 1970s, casual sex could truly be casual. With the development of the birth control pill and the legalization of abortion in 1973, there was little threat of unwanted children out of wedlock. Also, during this time every sexually transmitted disease was treatable; there was no incurable STDs, no AIDS.[12]
Swinger clubs were organizing in places ranging from the informal suburban home to disco-sized emporiums that promised a smorgasbord of sexual possibilities and free mouthwash. In New York City in 1977, Larry Levenson opened Plato's Retreat it was probably the closest that heterosexual America has ever gotten to the sexual frenzy of gay bathhouses. The retreat was eventually shut down in 1985 because of the constant hassle from public health authorities.[12]
Politics of sex[edit]
Politics in the United States has become intertwined with sexually related issues, called the "politics of sex". A differing view of abortion pitted pro-life activists against pro-choice activists.
Women and men who lived with each other without marriage sought "palimony" equal to the alimony. Teenagers assumed their right to a sexual life with whomever they pleased, and bathers fought to be topless or nude at beaches.
Criticism[edit]
U.S. World War II anti-venereal disease poster.
Fraenkel (1992) believes that the "sexual revolution", that the West supposedly experienced in the late 1960s, is indeed a misconception and that sex is not actually enjoyed freely, it is just observed in all the fields of culture; that's a kind of taboo behavior technically called "repressive desublimation".[21]
The end of the revolution[edit]
Allyn argues that the sexual optimism of the 1960s waned with the economic crises of the 70s, the massive commercialization of sex, increasing reports of child exploitation, disillusionment with the counter-culture and the New Left, and a combined left-right backlash against sexual liberation as an ideal. The discovery of herpes escalated anxieties rapidly and set the stage for the nation's panicked response to AIDS.[1]
The rise of right-wing politics in the early 1980s, the start of the AIDS epidemic, and the rise of megachurches and televangelists ended the revolution.[citation needed]
Although the rate of teenage sexual activity is hard to record, the prevalence of teenage pregnancy in developed nations such as Canada and the UK have seen a steady decline since the 1990s.[22][23] For example, in 1991 there were 61.8 children born per 1,000 teenage girls in the United States. By 2013, this number had declined to 26.6 births per 1,000 teenage girls. [24][dubious – discuss]
See also[edit]
Portal icon Sexuality portal
Birth control movement in the United States
Combined oral contraceptive pill
Feminist sex wars
Miscegenation
Reproductive rights
Open marriage
Sex in the American Civil War
Sex magic
Sex-positive movement
Sexual objectification
Sexual revolution in 1960s America
Social Darwinism
Notes[edit]
1.^ Jump up to: a b c Allyn, 2000.
2.Jump up ^ Escoffier, 2003.
3.Jump up ^ Germaine Greer and The Female Eunuch
4.Jump up ^ "Abc-Clio". Greenwood.com. Retrieved 2011-11-05.
5.Jump up ^ The term appeared as early as 1929; the book Is Sex Necessary?, by Thurber & White, has a chapter titled The Sexual Revolution: Being a Rather Complete Survey of the Entire Sexual Scene.
6.^ Jump up to: a b c d e f "Sexual Revolution, 1960 - 1980". Retrieved 14 December 2012.
7.Jump up ^ Bannon, Ann. "Sexual Revolution (9781560255253): Jeffrey Escoffier, Fred W. McDarrah, Erica Jong: Books". Amazon.com. Retrieved 2011-11-05.
8.Jump up ^ http://www.popsci.com/science/article/2013-01/did-penicillin-kickstart-sexual-revolution
9.Jump up ^ Kevin Slack, "Liberalism Radicalized: The Sexual Revolution, Multiculturalism, and the Rise of Identity Politics," http://www.heritage.org/research/reports/2013/08/liberalism-radicalized-the-sexual-revolution-multiculturalism-and-the-rise-of-identity-politics
10.Jump up ^ Isserman, Maurice (2012). America Divided. New York, NY: Oxford University Press. pp. 138–140. ISBN 978-0-19-976506-5.
11.^ Jump up to: a b c d e Farber, David. The Sixties Chronicles. Legacy Publishing. p. 30. ISBN 141271009X.
12.^ Jump up to: a b c d e f Kahn, Ashley (1998). Rolling Stone: The Seventies. Boston: Little, Brown and Co. pp. 54–57.
13.Jump up ^ Alan Petigny, "Illegitimacy, Postwar Psychology, and the Reperiodisation of the Sexual Revolution" Journal of Social History, fall 2004
14.Jump up ^ Koedt, Anne. "The Myth of the Vaginal Orgasm". Retrieved 16 December 2012.
15.^ Jump up to: a b c Hooks, Bell (1984). Feminist Theory, From Margin To Centre. Cambridge, MA: South End Press classics. p. 149. ISBN 978-0-89608-613-5.
16.Jump up ^ Baumgardner and Richards. "What Is Feminism". Retrieved 27 March 2013.
17.Jump up ^ Cudd, Ann (2005). Feminist Theory A Philosophical Anthology. Malden, MA: Blackwell Publishing Ltd. p. 74. ISBN 978-1-4051-1660-2.
18.Jump up ^ "Fri, Jul 25, 2008 - 'Humanae Vitae' birth control ban set off a wave of dissent". The Irish Times. 2008-07-07. Retrieved 2011-11-05.
19.Jump up ^ Marklund, Carl (2009). "Hot Love and Cold People. Sexual Liberalism as Political Escapism in Radical Sweden". NORDEUROPAforum 19 (1): 83–101.
20.^ Jump up to: a b Garlick, Steve (August 2011). "A New Sexual Revolution? Critical Theory, Pornography, and the Internet". Canadian Review of Sociology 48 (3): 221–239. doi:10.1111/j.1755-618X.2011.01264.x. PMID 22214041. Retrieved 14 December 2012.
21.Jump up ^ Herbert Marcuse (1964) pp.59, 75–82
22.Jump up ^ http://www.sexualityandu.ca/resource-library/statistics/teen-pregnancy-rates
23.Jump up ^ Beckford, Martin (2011-02-23). "Teenage pregnancies at lowest level since 1980s". The Daily Telegraph (London).
24.Jump up ^ United Nations Statistics Division. (2014). Demographic Yearbook 2012: Live births by age of mother. New York, NY: United Nations. Retrieved January 15, 2015 from http://unstats.un.org/unsd/demographic/products/dyb/dyb2012/Table10.pdf
References[edit]
Allyn, David. (2000). Make Love, Not War: The Sexual Revolution: An Unfettered History. Little, Brown and Company. ISBN 0-316-03930-6.
Escoffier, Jeffrey. (Editor). (2003). Sexual Revolution. Running Press. ISBN 1-56025-525-0.
Fraenkel, Boris. (1936). Die Sexualität im Kulturkampf. Erre emme (pub).
Klepacki, Linda. (2008). A Look at the Sexual Revolution in the United States. Focus on the Family Action, Inc. Retrieved 2008-04-20.
Marcuse, Herbert. (1964). One-Dimensional Man. (pp. 59, 75–82). Routledge. ISBN 0-415-28977-7.
Richardson, Diane. (2000). Critical Social Policy, Vol. 20, No. 1, 105–135. Constructing sexual citizenship: theorizing sexual rights. Sage Journals Online. Retrieved 2008-04-20.
Time Magazine. (1967-07-07). The Hippies. Time Inc. Retrieved 2008-04-20.
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