Debating same sex marriage an example of a cultural revolution

There was a time when merely expressing samesex attractions could get you hanged in many countries across the globe. Now, we are talking about samesex marriage. This book charts the debates and evolution of samesex marriage as a key point and process in the acceptance of sexual minorities. The book also raises questions about asyetunanswered questions about the future of LGBT people and marriage in general.

Introduction to the Institution of Marriage

Initial Conceptualizations of Marriage

Marriage is traditionally defined as a legal and social union between individuals, recognized as a binding commitment from a societal perspective (Alderson, 2004; Appleton, 2005; Auchmuty, 2004; Badgett, 2009; Ball, 2014, 2015; Barclay and Fisher, 2003) It is a culturally constructed institution, with its understanding shaped by societal norms and values For instance, while polygamy is culturally accepted and practiced in Nigeria, it is considered irregular and legally problematic in Norway, highlighting the cultural and legal differences in perceptions of marriage worldwide The traditional Catholic view of marriage further exemplifies the historical and religious foundations of this institution.

Marriage creates rights and obligations for both parties as well as the community at large (Chambers, 1997; Chamie and Mirkin, 2011; Coolidge, 1997; Corvino and Gallagher, 2012; Cox, Navarro-Rivera, and Jones,

Historically, married individuals were granted exclusive rights to certain jobs, positions, and pensions solely based on their marital status Sociologically, this allocation of rights and responsibilities is both inclusive and exclusive; for example, widow’s pensions protect women who have lost their husbands but exclude unmarried women This system of gendered rights reinforces traditional gender relations and highlights how social privileges are often defined by marital status.

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Figure 1.1: Traditional religious conceptualization of marriage.

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Women often face the worst inequalities in relationships, with societal expectations viewing them as mere attachments to enhance their male partner’s well-being These unfair obligations have become so burdensome that many women are questioning their roles within marriage and reconsidering whether continuing to meet these demands is worthwhile.

Marriage is increasingly questioned as a societal institution due to its lack of inclusivity, as it imposes socially constructed requirements for eligibility (Hull, 2003; Hull and Hull, 2006; Hunter, 2012; Josephson, 2005; Judge, Manion, and De Waal, 2008; Kail, Acosta, and Wright, 2015) This issue became prominent with debates surrounding same-sex marriage, where opponents argued that LGBT individuals have no right to challenge the traditional view of marriage as a union between one man and one woman Such arguments often dismiss the rights of LGBT people by suggesting they are free to marry opposite-sex partners, thereby reinforcing restrictive definitions of marriage.

Marriage, traditionally viewed as a union requiring consummation, poses significant challenges for LGBT individuals, as it effectively demands denying their sexuality and engaging in self-deception to access marriage rights Advocates for equality argue that traditional marriage is inherently discriminatory and must be reformed to promote fairness and inclusivity Concerns also arise about the potential for community sanctions and judgments over the intimate aspects of marriage, with many believing that outsiders should not interfere or scrutinize the private details of such relationships, regardless of their perceived knowledge or expertise.

Proponents of strict protection for traditional marriage argue that it is a uniquely significant institution that should be limited to a select few (Sherkat et al., 2011; Shulman, Gotta, and Green, 2012; Smith, DeSantis, and Kassel, 2006; Smith, 2005) However, this argument weakens when considering the high rates of marriage and divorce individuals experience throughout their lifetime, highlighting the dynamic and complex nature of modern relationships.

Marriage has long been regarded as a highly exclusive privilege, making divorce a rarity, as many believe abandoning such an ideal would be unthinkable However, the traditional concept of marriage is fraught with contradictions, leading to legal scrutiny over its exclusion of non-heterosexual and non-cisgender individuals Historically, marriage has also served as a social tool to reinforce social hierarchies, impacting children, in-laws, and society at large—particularly those born outside wedlock or from marginalized sexualities Usage of marriage to oppress sexual minorities underscores its role in maintaining cultural and racial dominance; patriarchy used marriage to control women’s sexuality, while racism employed anti-miscegenation laws to prevent racial mixing, often hypocritically indulging in the very behaviors they condemned This reveals the deep hypocrisy within debates on traditional marriage, with proponents often failing to convincingly argue that it is not inherently oppressive.

Copyright © 2023 IG Publishing Pte Ltd All Rights Reserved This article explores the evolving perspectives on traditional gender roles, highlighting how some view marriage as a symbol of societal stability Despite the push for gender equality, the protection of marriage remains a key issue for social conservatives who advocate returning to a time when women were expected to unquestioningly obey their husbands.

Marriage historically served as a protective institution for those upholding traditional values, with any reform seen as an attack on society (Barclay and Fisher, 2003; Barker, 2012; Baunach, 2012; Beck, 2013; Berg, 2010; Bernstein and Taylor, 2013) Society maintained strict controls over who could marry and when, resisting changes that threatened these norms While some idealized marriage and overlooked its negative aspects, women often endured submissive roles and faced significant hurdles to divorce, trapping many in abusive relationships The institution reinforced artificial divisions between married and unmarried women, blaming the latter for societal issues For women, maintaining social dignity and respectability depended on conforming to marriage at the appropriate time, with unmarried women facing stigma, social exclusion, or accusations like witchcraft.

Marriage has often been portrayed as a source of ridicule, associated with gold-diggers or individuals seeking societal acceptance by escaping their true sexualities These behaviors reflect both maladaptive and adaptive responses to societal pressures to participate in the marriage institution Many people tend to enter marriage against their better judgment, simply to avoid social scrutiny and questions about their single status This situation prompts a critical question: is marriage truly a personal choice, or is it an societal expectation imposed on individuals?

Marriage is fundamentally a public demonstration of commitment between individuals, serving as a deliberate choice to affirm their relationship (Brown, 1994; Buchanan, 1984; Buffie, 2011; Cahill and Cahill, 2004; Chambers, 1997; Chamie and Mirkin, 2011; Coolidge, 1997) Central to marriage are interpersonal relationships that are inherently sexual, highlighting the strong connection between marriage and human sexuality However, in many parts of the world, moralistic outrage against non-conventional sexualities often overshadow the positive aspects of marriage, leading to societal stigmatization and misunderstanding.

Marriage is often regarded as a solemn institution, symbolized through formal ceremonies such as weddings and dissolved via divorce, reflecting its serious social significance However, its association with social conservatism has overshadowed its evolving role, especially for individuals with alternative sexualities who are denied true marriage equality despite the introduction of civil partnerships The need for community sanctions and traditional norms around marriage have led to legal and social barriers, impacting issues like immigration and access to benefits, which affected LGBT couples’ ability to reunite with their families In some cultures, marriage's sexual restrictions often target women and reflect underlying power imbalances, with conservative voices suggesting that same-sex couples could have sexless marriages to bypass social norms—views that diminish the sexuality of sexual minorities and reinforce gender and sexual constraints Overall, debates around marriage highlight the tension between societal norms and individual rights, with real implications for people’s legal statuses and social acceptance.

Historically, sex has often been considered exclusive to heterosexual and cisgender individuals, shaping societal perceptions and norms The subsequent discussion delves into how marriage impacts individuals, couples, families, and communities, highlighting the broader social implications of marital structures Understanding these dynamics is crucial for promoting inclusive perspectives on sexuality and relationships within diverse societal contexts.

The Implications of Marriage

Once married, one becomes either a wife or husband in the traditional sense These are roles that are imbued with certain responsibilities (Fingerhut,

Research by Riggle, Rostosky (2011), Flores (2015), Franke (2006), Gaines and Garand (2010), and Gerstmann (2017) highlights the importance of fulfilling marital responsibilities, as neglecting these can lead to marriage annulment For instance, marriage may be rendered null and void if one partner is impotent or intentionally withholds sexual intercourse As shown in Figure 1.2, motivations for marriage vary across populations, with love and commitment ranking highly as primary reasons, whereas financial stability is a lesser motivating factor in developed countries like the USA.

Figure 1.2: Reasons as to why people get married.

Marriage practices and customs vary widely depending on the cultural context, reflecting diverse traditions and beliefs (Gaines and Garand, 2010; Gerstmann, 2017; Gher, 2007; Goldberg-Hiller, 2009; Hester and Gibson, 2007; Hogg, 2006) Even within advanced Western societies, these customs can differ significantly, highlighting the influence of cultural norms on marriage Understanding these variations is essential to appreciating how marriage is practiced worldwide.

Marriage has been refined over centuries, yet its conceptualizations and implications remain contested Modern society questions traditional, dogmatic views of marriage, particularly the sexist notions of submissive or dominant roles, which are now considered socially inappropriate Today's evolving societal norms emphasize equality between partners, with women increasingly acting as breadwinners and challenging traditional gender roles Reformed divorce laws favoring mothers have shifted power dynamics, empowering women in ways that diverge from customary legal frameworks that traditionally shaped the understanding of marriage.

Marriage is universally recognized across cultures, although its specific forms and practices vary globally (Hogg, 2006; Hooghe and Meeusen, 2013; Hull, 2001, 2003; Hull and Hull, 2006; Hunter, 2012; Josephson, 2005) It is intended to be a durable institution that fosters happiness and long-term commitment for all parties involved While sexual union celebrated in many societies, marriage extends beyond immediate gratification to embody resilience, tolerance, and love In traditional societies, especially in Africa and the global South, marriage often signifies the unification of families, creating lifelong bonds with in-laws acting as social and nurturing partners Polygyny is accepted in some cultures, allowing men to have multiple wives, whereas women taking multiple husbands is typically socially frowned upon, highlighting gendered disparities within marriage roles These differential expectations and inequalities often reflect broader societal attitudes, sometimes leading to harmful practices that impact women's health and well-being Ultimately, marriage is only deemed valid when societal standards and norms are met, emphasizing its role as a socially regulated institution.

Legal recognition of marriage is essential for gaining benefits like inheritance and pension rights, which are only activated through formal acknowledgment (Klarman, 2012; Kogan, 2003; Koppelman, 1996, 1997, 2014; Kramer, 1996) There has been confusion surrounding common law marriages, which often resemble cohabitation, leading courts to sometimes treat long-term partnerships as marriages, especially in disputes Resistance to equating common law relationships with legal marriage remains, particularly from men, as it implies obligations they may not have contemplated initially Many middle-aged divorced men view marriage as a financial trap, often left with little after paying alimony and support, especially when a new partner assumes a paternal role in their ex-spouse's household.

The courts have been criticized for overly favoring women when it comes to offering access to the children resulting out of a marriage (Lannutti,

Research from 2005, 2007, Lee and Hicks (2011), Lenhardt (2008), Lewis (2005), and Lewis and Gossett (2008) highlights that traditionally, children—especially younger ones—may require more nurturing from their mothers However, courts are now obligated to ensure both parents have ample access to their children, with exceptions only when a parent poses harm Even in such cases, supervised visits can be ordered to prevent parental alienation caused by insensitive court processes Historically, family law was more favorable toward men in matters of legitimacy, asserting that children born within marriage are legally presumed to be the father's.

Historically, children born outside of marriage were considered "illegitimate," often carrying social stigma and shame, exemplified by the use of the term "bastard" to describe someone unaware of their parentage However, there is a shifting perspective among modern commentators who view the concept of "illegitimacy" as entirely unacceptable in today's egalitarian society.

Many traditional African societies do not recognize the concept of "bastards," as children are highly valued for their contributions to prestige, wealth, and social standing In these communities, all children are acknowledged as the biological offspring of a man, regardless of whether their mother is his legal wife Additionally, several countries now recognize traditional and religious marriages, including those that are polygamous in nature, reflecting cultural diversity and evolving legal frameworks.

Orthodox views on marriage are challenged by cultures that do not conform to the traditional hetero-monogamous nuclear family, where men are dominant and women submissive For instance, the Nuer tribe in Sudan practices a “ghost marriage,” where women may assume male roles in certain contexts, highlighting diverse cultural norms As society increasingly recognizes non-heterosexual and non-cisgender identities, heterosexist interpretations of marriage are becoming less relevant, although they remain dominant globally In some African cultures, men may have an official wife married through the church while also maintaining mistresses or quasi-concubines, facilitating polygamous relationships outside religious oversight Such arrangements can create social tensions, especially when church authorities endorse marriages among certain women, leading to issues of legitimacy for children and disputes over property inheritance To mitigate these conflicts, some countries lawfully recognize all children equally, regardless of whether they are born within official or unofficial relationships, ensuring fair property distribution and reducing social tensions.

“bastard” or “illegitimate” is a form of punishment against them for actions or omissions that are the exclusive responsibility of their parents

While traditionalists generally oppose polygamy and polyandry, some societies like the Nayar of India actively practice polyandry, challenging conventional notions of family and marriage arrangements (Rosenfeld, 2014; Rothblum, 2005; Saez, 2011; Sanders, 2012; Schragger, 2005; Sherkat, De Vries, and Creek).

In Nayar society, the traditional Western concept of a husband does not apply, as it is heavily influenced by Christian and Jewish traditions Instead, the Nayar have developed their own unique social structure, characterized by a unitarian role that diverges from conventional marriage norms.

The Nayar society uniquely assigns social roles typically held by a father in monogamous Christian marriages to a non-resident social father, while biological fathers are regarded simply as lovers, with no parental rights In this community, a child’s legitimacy is solely derived from the mother, making maternity straightforward and rarely requiring DNA testing, unlike paternity, which is often inferred from family resemblances Legitimacy plays a crucial role in social, political, and economic inclusion, historically influencing access to rights and privileges, with colonial-era practices highlighting the discrimination faced by children born out of wedlock Modern legal frameworks aim to prevent such injustices, including laws that protect the rights of LGBT couples, allowing same-sex marriages to be recognized equally, despite occasional reluctance at the governmental level, as seen in the history of marriage recognition in the United States The regulation of marriage by the state helps prevent oppression and exploitation, ensuring equal treatment and societal integration for all types of unions.

In 2023, same-sex couples expressed confidence in their legal protections, affirming their rights and security Copyright © 2023 IG Publishing Pte Ltd All Rights Reserved Do Not Distribute Without Permission This content was accessed by the Academy of Finance on August 22, 2023.

Children born into “rainbow families,” where one or more parents are non-heterosexual or non-cisgender, often face questions about their legitimacy and encounter transferred prejudice such as sexism and homophobia While government legislation provides some protections, societal change relies on a broader overhaul of values, norms, and behaviors, which takes time Despite the expectation that same-sex marriage acceptance would foster societal acceptance, recent backlash in countries like Uganda—where religious influence, especially from U.S evangelicals, has led to draconian laws including the death penalty—illustrates ongoing intolerance Modern missionaries, failing to succeed in their home countries, now target Africa for ideological exploitation, resulting in worse rights for African LGBT individuals compared to their counterparts elsewhere This persistent oppression occurs despite significant social reforms advancing opportunities for marginalized groups.

Typologies of Marriage

Various marriage typologies have been developed to capture the diversity of human relationships, with some recognized more widely and accepted across cultures than others (Wedgwood, 1999; Widiss, Rosenblatt, and NeJaime, 2007; Wight, LeBlanc, and Lee Badgett, 2013; Wilson, 2013) While certain marriage types are specific to particular communities, others transcend borders and cultures, challenging local legal definitions Additionally, perceptions of marriage can differ significantly between participants and outsiders, highlighting the complex and evolving nature of marital practices worldwide.

A marriage certificate is a fundamental legal requirement that ensures a marriage is recognized by law and qualifies for associated benefits While some couples may prioritize personal vows over official documentation, legal validation remains essential An example of marriage typology, focusing on the number of partners involved, illustrates the diversity of marital arrangements.

Figure 1.3: Basic typology of marriages.

Comparative studies of marriage across different cultures and locations have been extensively documented, notably through the anthropological work of Jack Goody These studies highlight diverse marriage practices and their cultural significance, providing valuable insights into how societal norms influence marital traditions worldwide (Ball, 2014; Franke, 2006; Lee and Hicks, 2011; Sherkat, De Vries, and Creek).

Research indicates a correlation between intensive plow agriculture and monogamy, often accompanied by dowry practices, observed in societies across Eurasia such as Ireland and Japan Conversely, Sub-Saharan Africa's reliance on extensive hoe farming is linked to polygamy and bride price traditions, suggesting that economic activities influence marriage patterns Societies engaged in intensive farming tend to favor monogamous relationships due to the high skills required, while extensive cultivation often correlates with polygamy Additionally, larger societies are statistically more likely to believe in a higher good and uphold moral values, which are associated with monogamous norms However, the full complexity of how occupation influences marriage preferences remains understudied, as ethnographic research largely centers on specific societies.

The article highlights that Western perspectives on marriage are heavily influenced by Christianity and Judaism, leading to a neglect of other cultural definitions where the nuclear family is not central Such Eurocentric views on marriage may be outdated in today’s interconnected, multicultural, and multiethnic societies Emphasizing one cultural paradigm risks overlooking the rich diversity and various forms of understanding marriage worldwide It is essential to consider how different societies perceive and define marriage to appreciate its varied expressions and social significance.

Failing to adhere to socially accepted marriage categories can lead to serious legal and societal consequences, such as criminal charges for bigamy in Western countries where polygamy is illegal Immigration from polygamous societies, especially Muslim-majority countries, raises contentious debates about integrating Shariat Law, with concerns over clandestine practices and societal values Conservative communities advocating for the adaptation of Shariat Law often oppose the legalization of same-sex marriage, revealing a double standard that favors their traditional marriage norms while marginalizing other minorities This inconsistency highlights the flawed assumption that heterosexual, cisgender couples are the norm, while advocating for the rights of marginalized groups often involves navigating the democratic process, which risks majority-led oppression Ensuring LGBT individuals have equal rights, including marriage, demands recognition as an inalienable and universal human right, rather than subjecting their rights to majority opinion.

Serial monogamy, a marriage pattern well-suited to modern lifestyles, involves individuals engaging in multiple monogamous relationships sequentially without overlapping (Chamie and Mirkin, 2011; Klarman, 2012) From a public policy perspective, its viability depends on laws that facilitate easy divorce, as challenging divorce processes can lead to practices like bigamy The prevalence of no-fault divorce laws allows young adults to pursue serial monogamy throughout their lives, with many Western countries experiencing a divorce rate of approximately 50% among couples Statistics show that the average individual in Western societies divorces and remarries three times over their lifetime, highlighting the significant role of flexible divorce laws in enabling serial monogamous relationships.

A high rate of divorce often leads to serial monogamy, described by some experts as a form of non-simultaneous plural mating This phenomenon is common in female-headed families in countries like Brazil, Mauritius, and parts of the Caribbean, where there is frequently a rotation of unmarried partners, accounting for up to a quarter of serial monogamy cases While advocates of marriage criticize these relationships for lacking the permanence of lifelong monogamy, single mothers, in particular, have historically faced accusations of immorality and being a burden on the state Interestingly, societal judgment is even harsher against same-sex couples, perceived as threats to the traditional family structure Previously, traditional relationships were favored for their supposed ability to raise healthy children, but recent shifts in public opinion have led to questioning these norms, especially considering the underlying issues such as divorce that challenge the ideal of lifelong marriage.

Serial monogamy creates unique family dynamics, including the formation of ex-husbands and ex-wives who may remain actively involved in the family, especially when children are involved (Barclay and Fisher, 2003; Ellison, Acevedo, and Ramos-Wada, 2011; Hull, 2003; Lannutti, 2007; Pinello, 2006) These ex-partners can sometimes disrupt the new family structure or hinder its stability Additionally, blended families introduce complex relationships between stepchildren and stepparents, challenging traditional notions of the nuclear family and potentially influenced by past relationship conflicts.

Blended families often face latent and overt resentment, which can hinder the development of new bonds and complicate relationships within the marriage These families must navigate complex negotiations to reconcile differing interests while managing the overarching institution of marriage Financial responsibilities like alimony and maintenance can add pressure to the new household, impacting familial stability (Boertien and Vignoli, 2019; Gaines and Garand, 2010; Kandaswamy, 2008; Lupia et al., 2010; Schragger, 2005) In the UK, extended family structures differ significantly from those in Africa, largely due to the effects of serial monogamy rather than polygamy or traditional kinship systems Additionally, the presence of mobile children resulting from new connections with ex-spouses or in-laws reflects the evolving landscape of modern families These contemporary families diverge markedly from the traditional nuclear family, which has often been idealized in Western literature.

Unclear and complex family bonds often resemble a polygamous family structure, where mothers maintain separate households and change male partners, leading to children connected to various males who may be married or divorced These familial ties are maintained for mutual benefit, highlighting the importance of stable relationships In cases of adult relationship breakdown, maintaining family bonds can be preferable to forced institutionalization of children While the state may support some of these bonds, the traditional nuclear family—comprising cisgender heterosexual couples—remains the primary social model Polygamy stands out as one of the most challenging alternative marriage arrangements, complicating family structures and societal norms.

Polygamy is a marriage system where a man has multiple partners, often simultaneously and incrementally (Cahill & Cahill, 2004; McVeigh & Maria-Elena, 2009; Tamagawa, 2016; Webb & Chonody, 2014) Polygyny involves a man having multiple wives without necessarily forming a marriage bond between the wives, while polyandry occurs when a woman has multiple husbands and is married to them Group marriage features a collective of multiple husbands and wives linked together, representing a significant deviation from the traditional nuclear family common in Western societies All partners in polygamous marriages are generally assumed to be heterosexual, although non-heterosexual and non-cisgender individuals may also participate Molecular genetic studies suggest that the high level of global human genetic diversity is partly due to the natural occurrence of sexual polygyny, which became more prominent after humans transitioned to sedentary lifestyles.

Copyright © 2023 IG Publishing Pte Ltd All Rights Reserved Unauthorized distribution is prohibited This article highlights recent system updates affecting families, with changes implemented as recently as August 2023.

Approximately 10,000 years ago, diverse communities across Asia, Europe, the Americas, and Africa exhibited early social structures that influenced family organizations Research indicates that the absence of the plow was a key predictor of polygamous practices, highlighting the role of technological development in social structure Additionally, factors such as increased male mortality from warfare in non-state societies contributed to shifts in family dynamics In state societies, pathogen stress significantly impacted family structures, demonstrating how environmental and societal pressures shaped human social evolution.

The classification of marriages is influenced by the number of legal spouses an individual has or is entitled to, with sources such as Chambers (1997), Chamie and Mirkin (2011), Coolidge (1997), Corvino and Gallagher (2012), and Cox, Navarro-Rivera, and Jones (2014) highlighting this aspect Some unions are perceived by participants as marriages based on commitment, even if they do not meet formal legal requirements, such as commitment ceremonies with friends and family without official certification Attitudes toward polygamy and non-traditional marriages vary significantly, shaped by beliefs, behaviors, and experiences An ethnographic study identified 1,234 societies, of which only 186 were monogamous; 453 practiced occasional polygyny, and 588 engaged in frequent polygyny, with only 4 societies practicing polyandry, reflecting societal controls over women.

Some experts argue that there is a difference between tolerance of polygamy and the actual practice of polygamy (Ball, 2015; Dorf, 2011; Hull, 2001; Lannutti, 2005; Pierceson, 2014; Shulman, Gotta, and Green,

Selecting a Marriage Partner

Partner selection plays a key role in reinforcing cultural norms and values within each society, such as the importance placed on bridewealth and dowry systems These practices reflect deeply embedded societal beliefs and traditions, shaping relationship dynamics across different cultures (Berg, 2010; Bernstein and Taylor, 2013; Boertien and Vignoli, 2019; Brandzel, 2005; Brewer and Wilcox, 2005; Brown, 1994) In some societies, bridewealth and dowry are highly valued, emphasizing the significance of cultural heritage in marriage practices.

The selection of a marriage partner increasingly emphasizes the ability to meet financial expectations, such as bride price and dowry Many countries are experiencing declining marriage rates as young people struggle to afford wedding expenses, leading some to choose elopement or cohabitation instead Others delay formalizing their relationships until they've built sufficient resources, often resulting in children born outside legal marriage Compatibility matrices, like the one shown in Figure 1.4 used by dating agencies, help assess personality, cultural, and economic factors to ensure suitable partner matches.

Different cultures have developed a range of factors that determine what is a socially acceptable marriage partner (Kogan, 2003; Koppelman, 1996,

Throughout history, partner selection has been guided by various meta-rules that focus on the process rather than specific criteria, with decisions often made individually or through family involvement In traditional societies, parents frequently seek suitable spouses on behalf of their children, sometimes negotiating marriage arrangements without the couple's direct participation This practice can result in couples being informed about their engagement without any personal input For LGBT individuals, such customs can lead to challenging situations where they are pressured into marriages of convenience, either due to family ignorance of their non-heterosexual orientation or family expectations to maintain traditional marriage norms.

Condoning same-sex unions can bring significant social shame to the family, which is why such practices are often strongly opposed Copyright © 2023 IG Publishing Pte Ltd All Rights Reserved Do Not Distribute Without Permission This content was accessed by the Academy of Finance on August 22, 2023.

Figure 1.4: Example of a compatibility matrix for a dating agency.

These LGBT people are then forced into the closet and into marriages which do not bring them the kind of comfort that is expected of such a union In fact, some parents may hope to “cure” their children by forcing them to have sexual relationships with someone of the opposite sex.

Age gaps between partners are a significant factor in relationship dynamics, with research highlighting societal biases—relationships between older women and younger men often face disapproval, whereas those between older men and younger women are widely accepted For LGBT couples, societal expectations tend to be even more heightened due to concerns related to pedophilia According to the United Nations World Fertility Report, most individuals marry before age 49, though this varies greatly across countries, with marriage rates ranging from 50% to 100%.

Women face considerations related to the "biological clock," which defines a window during which they can safely carry a pregnancy to term (Wedgwood, 1999; Widiss, Rosenblatt, and NeJaime, 2007; Wight, LeBlanc, and Lee Badgett, 2013; Wilson, 2013) However, advancements in modern ova processing technologies now enable career-oriented women with the resources to extend their reproductive options beyond this natural window.

Storing eggs allows individuals to delay having children, addressing concerns about aging and reproductive capacity Cultural worries about raising children later in life influence decisions, especially for those considering adoption after age 60 In extreme cases, children are pressured into marriage due to assumptions about their fertility and health, contributing to the spread of HIV/AIDS among youth Ageism and sexism are prevalent in multigenerational relationships, impacting social dynamics and reproductive choices.

Different cultures adopt varying attitudes towards marriage partner selection, with some embracing a more liberal approach, allowing individuals greater freedom in choosing their partners, while others enforce stricter rules and restrictions (Cahill and Cahill, 2004; McVeigh and Maria-Elena, 2009; Tamagawa, 2016; Webb and Chonody).

Many cultures prohibit marriage within the father’s and mother’s clans, which can include people connected through centuries-old affinity rather than biological relation, emphasizing social boundaries over biological ties Despite serious biological risks associated with consanguineous marriages, society often enforces restrictions to prevent incestuous unions For example, some cultures permit marriage between cousins sharing blood, potentially increasing the risk of birth defects Historically, European Church authorities granted dispensations allowing marriages despite blood relations, balancing concerns about genetic health risks with social and religious norms This reflects the complex interplay between biological considerations and socially-defined boundaries of acceptable marriage within different cultural contexts.

Social stigma heavily influences perceptions of individuals who deviate from societal norms regarding marriage and partner selection Engaging in illegal activities, such as sexual relationships with underage individuals, leads to criminal charges and public condemnation Marriages with significant age gaps, especially over ten years, often face societal ostracism, with younger partners perceived as predatory and exploiting older individuals, while older partners are accused of power and financial manipulation When the older partner is a woman, community distress typically centers on her inability to produce children, adding further social pressure This stigma can force couples to separate or, alternatively, lead them to seek extramarital relationships within their age groups to meet societal expectations, highlighting the intense social challenges faced by non-conforming couples.

Social status often influences marriage decisions and can also lead to ridicule when individuals reference this issue during partner selection (Bernstein & Taylor, 2013; Boertien & Vignoli, 2019; Brandzel, 2005) The phenomena of hypergamy and stereotypes like the “gold digger” or “sugar daddy/mummy” attract particular interest, highlighting how some seek partners of higher or lower socioeconomic status, while others reject partners outside their social class These choices can create compatibility challenges, especially when children are involved Societal norms often pressure women to marry into higher status to improve their and their families' socioeconomic standing, whereas other cultures see women as dependents who should not earn or inherit wealth outside of bride price or dowry Society generally judges marriages subjectively, often disapproving of transactional relationships motivated by financial security rather than love, which are sometimes labeled as marriages of convenience with little genuine commitment To protect spouses, courts have introduced mechanisms like prenuptial agreements and divorce clauses.

Most societies restrict marriage between relatives due to concerns about genetic deformities in offspring and societal disapproval of incest Universal taboos prohibit sexual relationships between parents and children and marriage between siblings Although some blended families, such as step-siblings without blood relation, are not legally forbidden, societal norms often discourage such marriages Historically, many unions involved distant relatives, with approximately 80% of marriages in some cultures occurring between individuals sharing genetic ties, especially among second cousins Families often prefer marriages within their social and economic circles, but societal acceptance of cousin marriages has declined over time.

Marriage between second cousins in the USA is often stigmatized, with many states viewing such unions as indicators of inbreeding associated with potential mental and moral health issues Currently, 30 out of 50 US states prohibit marriage between first cousins, reflecting ongoing legal and social restrictions South Korea enforces even stricter marriage laws, banning unions between individuals who share the same last name and ancestral lines to prevent inbreeding and preserve genetic diversity.

The complex relationships between and among family members can lead to some challenges with regards to the management of marriage (Damslet, 1992; Dorf, 2011; Ellison, Acevedo, and Ramos‐Wada, 2011; Eskridge,

Legal provisions against avunculate marriages, which occur between uncles or aunts and their nephews or nieces, are common in many countries due to social proximity concerns, though such marriages have been legalized in Australia, Argentina, Russia, Austria, and Malaysia The recognition and regulation of marriage largely depend on societal attitudes and cultural norms, with religious laws like Shariat Law providing guidance for followers, though challenges arise when these laws are not formally integrated into domestic legal systems While caste-based restrictions on marriage may be practiced privately, they generally lack a legal foundation This article concludes by examining the economic implications of marriage across different societies.

The Economics of Marriage

Marriage carries significant economic implications for individuals and communities, including direct factors like income, housing, education, health, and pensions, as well as indirect impacts on family productivity and consumer behavior, especially in expanded families The marriage industry, encompassing wedding services, divorce laws, custody, and inheritance, plays a crucial role in this economic landscape Cultural practices, personal experiences, and societal norms influence how the economic aspects of marriage are negotiated within families and across various societal levels In some cultures, marriage involves transactional elements such as bride price, dowry, and social capital transfers, often managed by extended family members and community elders rather than the couple directly These economic facets of marriage and divorce highlight the complex interplay between personal relationships and broader social and economic structures.

Figure 1.5: The economics of marriage and divorce.

Marriage offers both economic advantages and disadvantages, impacting individuals and the state (Trandafir, 2014; Trosino, 1993; Vanita, 2005; Walls, 2010; Wardle, 1996; Webb and Chonody, 2014) Historically, married couples received higher pay and benefited from targeted state support, unlike single individuals who are often excluded from certain benefits (Trandafir, 2014) Having multiple sources of income through marriage can be economically advantageous, while single, childless persons are typically deprioritized in benefit programs (Walls, 2010) State efforts tend to favor supporting married couples with children using public funds, reflecting societal values on family stability, but concerns remain about young people being forced into marriage due to financial debts or underage forced marriages (Wardle, 1996).

The economic aspects of marriage, such as the payment of bride price, can lead to future conflicts and domestic abuse When a husband pays an exorbitant bride price, it may create the perception of having "bought" a wife, resulting in increased risks of violence and exploitation Additionally, the wife often faces difficulties divorcing or separating until the bridewealth is fully repaid Historically, marriage was often confined to within social or economic groups, reinforcing these financial and social dynamics.

Societal shifts have led to greater acceptance of diverse marriage types, including same-sex marriage, which mirrors traditional marital dynamics While cross-cultural challenges previously affected marriages within social circles, increasing social equality now allows individuals to cross social barriers for marriage Notably, economic challenges such as disputes over assets are common in both traditional and same-sex divorces, highlighting similarities in the emotional and financial complexities faced by couples regardless of their marriage type.

Divorce management is a highly contentious aspect of marriage, especially when one partner enters the union with significantly more resources than the other This disparity often complicates financial settlements and property division, leading to potential conflicts and legal challenges Researchers like Kail, Acosta, and Wright (2015), Kandaswamy (2008), Klarman (2012), Kogan (2003), and Koppelman have extensively studied how resource disparities influence divorce proceedings and outcomes, highlighting the importance of equitable management and legal considerations in such cases.

In 1996, a significant challenge for homemakers—typically wives who dedicated their lives to domestic duties—was that their contributions were undervalued during divorce proceedings, with patriarchal norms asserting that men as breadwinners held sole entitlement to property Feminist advocates later argued that homemakers are equally essential to the household’s functioning and that their roles enable men to achieve higher income levels, highlighting the need to recognize their economic and emotional contributions Many women viewed the traditional homemaker role as disempowering and sought to balance work and family responsibilities, leading to reforms such as flexible working hours and part-time employment Additionally, LGBT couples encounter similar property division challenges, often complicated by the absence of children linking them, which can lead to bitterness in alimony disputes with someone they no longer share a meaningful connection.

Same-sex relationships challenge traditional notions of marriage, which has historically been a gendered institution designed to position women as subservient and men as dominant (Ball, 2015; Barclay and Fisher, 2003; Barker, 2012; Baunach, 2012; Beck, 2013; Berg, 2010; Bernstein and Taylor, 2013).

In situations involving two men, a common dilemma revolves around determining who is dominant and who is submissive within the relationship Historically, the LGBT community has navigated these power dynamics while challenging heteronormative stereotypes Traditionally, societal norms often view the more “masculine” partner as the dominant husband, whereas the more effeminate partner is perceived as subordinate.

In recent years, societal perceptions of marriage have evolved to include same-sex couples, prompting divorce courts to address issues related to marital property and inheritance rights Despite traditional marriage favoring unequal relationships to preserve its structure, growing awareness of gender roles and equality challenges these power imbalances Internalized homophobia within some communities continues to influence attitudes toward same-sex relationships, highlighting the need for greater acceptance and understanding As modern perspectives shift towards egalitarian principles, the relevance of outdated gender roles and societal expectations in marriage is increasingly questioned, promoting a more inclusive view of committed partnerships.

Traditional marriage often involves a formalized transactional nature, such as bride prices or dowries, which are generally absent in same-sex marriages Many families simply accept their loved ones’ happiness without participating in elaborate ceremonies or involving extended family members Discrimination against same-sex couples can extend to their families, with some facing ostracism for supporting their loved ones Since transactional elements like dowry are rooted in specific gender roles, they lack relevance in the context of same-sex marriages that do not conform to traditional husband-wife dynamics.

Traditional concepts like the role of dowry remain significant in understanding human relationships and marriage customs, despite differing from modern views (Sherkat et al., 2011; Shulman, Gotta, and Green, 2012; Smith, DeSantis, and Kassel, 2006; Smith, 2005) Dowry serves as a means for families to transfer wealth to daughters and their future offspring, especially in societies where inheritance is primarily through the male line, making it often the only way daughters access family wealth Additionally, dowry can become part of the new husband's assets, implying that women do not inherit directly but hold inheritance rights on behalf of their children Some families also view dowry as an early form of inheritance, provided while parents are still alive (inter vivos), highlighting its complex role in property and wealth transfer within traditional marriage practices.

A conjugal fund established through the dowry serves as a financial foundation for new families, supporting the upbringing of children and fulfilling marital commitments Unlike inheritance acquired upon death (mortis causa), this fund is actively used during the spouse's lifetime, with its specific purpose and management influenced by community customs and norms For instance, the fund may be allocated as an endowment for the woman during her widowhood, and any remaining balance can be transferred to her children, subject to restrictions on its expenditure.

In countries such as Sri Lanka, India, Turkey, Pakistan, Bangladesh, Nepal, and Morocco, paying dowry before marriage remains a widespread tradition, often exerting significant pressure on brides and their families to meet financial demands or risk their daughter's marriage prospects (Gerstmann, 2017; Gher, 2007; Goldberg-Hiller, 2009; Hester and Gibson, 2007; Hogg, 2006; Hooghe and Meeusen, 2013) This practice has been linked to tragic outcomes, including deaths related to dowry payments in India, where thousands are reported annually, prompting legal reforms like the Dowry Law aimed at limiting or redefining the practice Nepal has made dowry illegal since 2009, though enforcement remains inconsistent due to deep-rooted cultural traditions Dowry functions as a social status symbol, with failure to provide it often viewed as a face-saving measure rather than conscientious objection, highlighting its social significance beyond the financial aspect Importantly, there are no known cases of dowry being paid in these countries for same-sex marriages, aligning with existing laws that criminalize homosexuality in many of these regions.

Certain gender roles underpin the ways in which exchange takes place before, during, and after marriage (Alderson, 2004; Chamie and Mirkin, 2011; Gher, 2007; Koppelman, 2014; Moskowitz, Rieger, and Roloff,

Research indicates that transactional costs during marriage negotiations vary based on the sex and gender of the parties involved For instance, the dower functions as the masculine counterpart to the dowry, representing the money paid by the groom and his family to the bride's parents.

The concept of dowry or dower often involves property from the husband's side given to the bride, which remains under her control and serves as insurance against marriage dissolution Traditional practices, such as the Jewish “ketubah,” function as pre-marital agreements ensuring financial protection for women in case of divorce or the husband's death Historically, the ketubah stipulated a specific amount the husband must pay to the wife, offering women additional security within marriage Modern interpretations view the ketubah as an evolving tradition that addresses contemporary financial challenges faced by young couples, effectively acting as a promissory note for bride price or dowry.

The Legal Framework of Marriage

Religiosity of Marriage

Summary

Religious Objections to Non-Heterosexual Couples

Case Study of Institutionalized Homophobia in Africa

The Notion of Same-Sex Marriage

The Future of Same-Sex Relationships

Tiêu đề	Debating Same Sex Marriage: An Example of a Cultural Revolution
Tác giả	Margaret F. Bello
Trường học	Society Publishing
Chuyên ngành	Cultural Studies
Thể loại	Essay

Định dạng
Số trang	230
Dung lượng	16,92 MB