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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." 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.

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, gender-neutral marriage.

Civil marriage recognizes and creates the rights and obligations intrinsic to matrimony before the state.

When a marriage is performed with religious content under the auspices of a religious institution it is a religious marriage.

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.

The word "marriage" derives from Middle English mariage, which first appears in 1250–1300 CE.Whom 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.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.

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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.