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DiscussMarriage is a contractual agreement, historically involving two persons, one of each sex, to establish an ongoing familial and sexual relationship. Marriage acknowledges in a variety of ways, depending on the culture or subculture in which it is founded, a union, which may also be called matrimony, while the ceremony that marks its beginning is usually called a wedding.
History
Prior to the late 18th century, most marriage contracts were individually crafted by the families of the persons to be married and religious authorities. After that period, modern states began to specify the contents of the marriage contracts within their borders although many marriages continue to be religiously conducted and sanctioned. Changes to marriage laws, such as Married women's property rights, for instance, have been instituted since the 19th century due largely to organized efforts by the public, often inspired by Feminist movements, Controversies still exist about who is permitted to be in a marriage with whom, including what age a person must have attained to be married, how many spouses a person may have at the same time (polygamy), whether and on what terms Divorce and Remarriage are permitted, and whether persons of the same sex may be married to each other. Many states recognize de facto marriage, sometimes called common law marriage, in instances where persons live together as an economic and sexual unit. State recognition of a marriage, whether registered or common-law may be used to determine outcomes such as the manner of Taxation, presumed parenthood, Inheritance, and the duty of Care, Issues of rights and obligations within and around marriage have continued to be refined by states, Since the promulgation of the Universal Declaration of Human Rights in 1947, these changes have been significantly influenced by adherence to international standards. United Nations treaties referring to marriage include the Convention on the Elimination of All Forms of Discrimination Against Women CEDAW, which imposes obligations upon states parties. Equality issues around marriage that are still in flux in various countries include the equal right of women and men to confer nationality upon spouses, the right to consent or withhold consent to sexual intercourse (marital rape), legislation and enforcement around Domestic violence, division of Marital property upon divorce or death of a spouse, and equal divorce rights, Rights of the extended families of persons who are married or to be married have generally been set aside by modern states in favour of a Nuclear family approach to marriage.
References
Chastain, James, "Divorce and Women in France" (n.d.) http://www.ohiou.edu/~chastain/dh/divorce.htm (accessed 19 Jan 2009). Notes that early contractual marriages introduced in France included simple divorces for both sexes, but a sexual double standard was introduced in 1803.
Jonson Lewis, Jone, "Married Women's Property Act: 1848, New York State: Gains in Women's Property Rights During the 19th Century" http://womenshistory.about.com/od/marriedwomensproperty/a/property_1848ny.htm (accessed 19 Jan 2009). Cites the history and terms of an early example of such an act.
United Nations Division for the Advancement of Women, CEDAW Recommendation No. 21: Equality in Marriage and Family Relations (1994) http://www.unhcr.org/refworld/category,LEGAL,CEDAW,,,48abd52c0,0.html
Universal Declaration of Human Rights http://www.un.org/Overview/rights.html Marriage is specifically mentioned in Article 16, but other articles touching upon issues that arise around marriage include Articles 1-6, 8, 12, 13, 15, 17, and 18,
