Definition of Marriage

To this point, the institution of marriage has been discussed as if all marriages were the same—a living arrangement legally contracted by or for two people of the opposite sex. However, this description has been limited insofar as it describes monogamous marriage. There are other types of marriage, which include more than one husband or wife at the same time (plural marriage or polygamy), several husbands and wives (group marriage), or ones that are not contracted on the basis of the state's rules and regulations specified earlier (common-law marriage).

Monogamy is the only legal type of marriage permitted in the United States. It is illegal to have more than one spouse at a time (bigamy), and most citizens comply with this rule. There are a few exceptions, however. In some western states, members of some fundamentalist Mormon groups practiced polygamy until the late nineteenth century (Hardy 1992). While those who practice group marriage and those in homosexual unions may wish to call themselves married and hold rites or ceremonies to make a public statement that they are married, the states do not recognize such unions. In Vermont, however, homosexual couples can apply for a "civil union," through which they receive nearly all of the legal benefits and protections given to married heterosexual couples.

While having more than one spouse is illegal in the United States, polygyny (one husband with two or more wives at the same time) is the preferred form of marriage throughout most of the world. Seventy-five percent of the world's societies prefer this type of marriage (Saxton 1993). Preference, however, does not necessarily translate into practice, because the number of men and women of marriageable age in most cultures is about the same, meaning that there are rarely more than a few extra women available as second or third wives. Thus, even when polygyny is preferred, there are only a few men, mostly wealthy ones, who have more than one wife at a time (Broude 1994).

Very few societies have polyandrous marriages. Polyandry refers to one wife having several husbands at the same time. Such marriages occur only in a few cultures—probably no more than a dozen—and often take the form of fraternal polyandry, that is, when the husbands are brothers. The cause of such an arrangement is unclear but may be related to the need to keep scarce resources such as small parcels of land inherited by the brothers under the control of a single household.

Group marriage (when men and women living together consider themselves married to each other) is illegal, but there are examples of it throughout the history of the United States and in other societies as well. However, in no society is this type of marriage the primary form of marriage. It was practiced by members of the Oneida Company in the mid-1800s in Vermont and then in New York when the group was forced to move because of community disapproval. A study of more than 100 group marriages in the early 1970s showed that such arrangements do not last long: only 7 percent of the "multilateral marriages" studied lasted longer than five years (Constantine and Constantine 1973). Most of these groups consisted of two couples who lived together, sharing economic resources, services, and child care as well as sexual access. Communication and personality conflicts were the primary reasons for dissolving the group, and bonds between same-sex members of the group were the primary factor responsible for success.

In the United States, common-law marriage is recognized in fifteen states and the District of Columbia. These states are Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. If a heterosexual couple who are of legal age and legally competent to marry (e.g., they are not already married) make an agreement to live together as husband and wife and actually do cohabit, they are legally married. A ceremony is not necessary, nor is compliance with the other formal requirements governing marriage in their state (Knox and Schacht 1991). This practice stems from the tradition that marriage contracted between two adults was their own or their family's business. Historically in continental Europe and England (societies that are the source of much of U.S. law and custom), marriage needed neither civil nor religious sanction. However, the Catholic Church became more powerful during the Middle Ages and assumed control over marriage (Goody 1988). Even though private arrangements continued, these marriages were not recognized as valid by the church (Saxton 1993). In the United States, marriage became regulated by civil laws in the nineteenth century, but some "states took the position that private marriages were valid so long as they were not expressly forbidden by statute. Such unions were called common law" (Saxton 1993, p. 198). In all societies, a marriage is generally not recognized as such unless the couple is deemed married by the community. However, once a marriage is recognized by one state, it must be recognized by all other states (e.g., a common-law marriage officially recognized by Texas must be recognized in Oregon even though Oregon does not officially sanction common-law marriages).

Finally, some social groups have attempted to organize themselves and function without marriage. These include communes, religious orders, and special social or occupational categories such as warrior castes. In the United States, the best known of such groups are the Shakers, a religious community among whose central rules are celibacy and communal living without marriage. Although the group has lasted since the late 1700s, its numbers have now dwindled from a high of about 4,000 in some sixty communities in the mid-1800s to fewer than a dozen members in one community in 1991 (Foster 1991). Similarly, many communes founded in the 1960s either folded or instituted monogamous marriage. The two types of social groups that have survived without marriage are religious orders and caste or castelike groups such as the Hijras in India. However, all of these groups are institutionalized within a larger society and are able to attract new members from that society.