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.
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.
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.
Religious marriage recognizes and creates the rights and obligations intrinsic to matrimony before that religion.
Religious marriage is known variously as sacramental marriage in Catholicism, nikah in Islam, nissuin in Judaism, and various other names in other faith traditions, each with their own constraints as to what constitutes, and who can enter into, a valid religious marriage.
The word "marriage" derives from Middle English mariage, which first appears in 1250–1300 CE.
The anthropological handbook Notes and Queries (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners." In recognition of a practice by the Nuer people of Sudan allowing women to act as a husband in certain circumstances (the ghost marriage), Kathleen Gough suggested modifying this to "a woman and one or more other persons." In an analysis of marriage among the Nayar, a polyandrous society in India, Gough found that the group lacked a husband role in the conventional sense; that unitary role in the west was divided between a non-resident "social father" of the woman's children, and her lovers who were the actual procreators.
None of these men had legal rights to the woman's child.
The related word "matrimony" derives from the Old French word matremoine, which appears around 1300 CE and ultimately derives from Latin mātrimōnium, which combines the two concepts: mater meaning "mother" and the suffix -monium signifying "action, state, or condition".
In The History of Human Marriage (1922), Edvard Westermarck defined marriage as "a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of the offspring." In The Future of Marriage in Western Civilization (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognized by custom or law".