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Marriage

1563

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."

1563

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. 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. In 1563 the Council of Trent, twenty-fourth session, required that a valid marriage must be performed by a priest before two witnesses.

1581

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. 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 Codex Theodosianus (C. Th. 9.7.3) issued in 438 CE imposed severe penalties or death on same-sex relationships, but the exact intent of the law and its relation to social practice is unclear, as only a few examples of same-sex relationships in that culture exist. Same-sex unions were celebrated in some regions of China, such as Fujian. Possibly the earliest documented same-sex wedding in Latin Christendom occurred in Rome, Italy, at the San Giovanni a Porta Latina basilica in 1581.

1871

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. 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. Although an "Anti-Miscegenation Amendment" to the United States Constitution was proposed in 1871, in 1912–1913, and in 1928, no nationwide law against racially mixed marriages was ever enacted. In 1967, the Supreme Court of the United States 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.

1875

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.

1880

Child marriage was common throughout history, even up until the 1900s in the United States, where in 1880, in the state of Delaware, the age of consent for marriage was 7 years old. Still, in 2017, over half of the 50 United States have no explicit minimum age to marry and several states set the age as low as 14. Today it is condemned by international human rights organizations. Child marriages are often arranged between the families of the future bride and groom, sometimes as soon as the girl is born. However, in the late 1800s in England and the United States, feminist activists began calling for raised age of consent laws, which was eventually handled in the 1920s, having been raised to 16–18.

1890

In the late-19th century, 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' (see Latter Day Saint polygamy in the late-19th century). 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.

September 1935

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". Such relations were marked as Rassenschande (lit. 'race-disgrace') and could be punished by imprisonment (usually followed by deportation to a concentration camp) and even by death.

1949

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. 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 Murdock in 1949, only the Kaingang of Brazil had any group marriages at all.

1960

Wiccan marriages are commonly known as handfastings and are a celebration held by Wiccans. Handfasting was originally a medieval ritual and has been revived by contemporary Pagans. In the ritual, the couple's wrists are tied together to symbolize the binding of two lives. It is commonly used in Wicca and Pagan ceremonies, but it has become more mainstream and comes up in both religious and secular vows and readings. Although handfastings vary for each Wiccan they often involve honoring Wiccan deities. Some Wiccan traditions have a marriage vow "for as long as love lasts" instead of the traditional Christian "till death do us part". The first Wiccan wedding took place in 1960, between Frederic Lamond and his wife, Gillian. Most Wiccan traditions will celebrate same-sex and different-sex handfastings. The length of commitment varies from a year and a day (after which the vows may be renewed), "as long as love shall last", for a lifetime, or for future incarnations.

1965

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, and in West Germany women obtained this right in 1977 (by comparison women in East Germany had many more rights). 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.

1969

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.

1989

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.

1991

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 where countries may have adequate laws against rape in marriage, these laws may rarely be enforced.

2003

Sometimes people marry to take advantage of a certain situation, sometimes called a marriage of convenience or a sham marriage. In 2003, over 180,000 immigrants were admitted to the U.S. as spouses of U.S. citizens; more were admitted as fiancés of US citizens for the purpose of being married within 90 days. These marriages had a diverse range of motives, including obtaining permanent residency, securing an inheritance that has a marriage clause, or to enroll in health insurance, among many others. While 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 are punishable criminal offences.

October 2003

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. Although people with infectious diseases such as AIDS may now marry, marriage is still illegal for the mentally ill.

2009

In some cultures, especially in countries such as Turkey, India, Bangladesh, Pakistan, Sri Lanka, Morocco, Nepal, dowries continue to be expected. In India, thousands of dowry-related deaths have taken place on yearly basis, to counter this problem, several jurisdictions have enacted laws restricting or banning dowry (see Dowry law in India). In Nepal, dowry was made illegal in 2009. Some authors believe that the giving and receiving of dowry reflects the status and even the effort to climb high in social hierarchy.

2010

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. 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 whether 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.

2011

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. In 2011 several people were sentenced to death by stoning after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali and Pakistan. 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.

2011

In the EU, the last country to allow divorce was Malta, in 2011. Around the world, the only countries to forbid divorce are Philippines and Vatican City, although in practice in many countries which use a fault-based divorce system obtaining a divorce is very difficult. The ability to divorce, in law and practice, has been and continues to be a controversial issue in many countries, and public discourse involves different ideologies such as feminism, social conservatism, religious interpretations.

2012

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 does not 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.

2012

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. In 2012, in the European Union, 40% of births were outside marriage, and in the United States, in 2013, the figure was similar, at 41%. In the United Kingdom 48% of births were to unmarried women in 2012; in Ireland the figure was 35%.

2013

During the first half of the 20th century, unmarried women in some Western countries were coerced by authorities to give their children up for adoption. This was especially the case in Australia, through the forced adoptions in Australia, with most of these adoptions taking place between the 1950s and the 1970s. In 2013, Julia Gillard, then Prime Minister of Australia, offered a national apology to those affected by the forced adoptions.