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.
These trends coincide with the broader human rights movement.
Marriage can be recognized by a state, an organization, a religious authority, a tribal group, a local community, or peers. When a marriage is performed and carried out by a government institution in accordance with the marriage laws of the jurisdiction, without religious content, it is a civil 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.
Whom they marry may be influenced by socially determined rules of incest, prescriptive marriage rules, parental choice and individual desire.
When a marriage is performed with religious content under the auspices of a religious institution it is a religious marriage.Some countries do not recognize locally performed religious marriage on its own, and require a separate civil marriage for official purposes.Conversely, civil marriage does not exist in some countries governed by a religious legal system, such as Saudi Arabia, where marriages contracted abroad might not be recognized if they were contracted contrary to Saudi interpretations of Islamic religious law.This in turn is derived from Old French, marier (to marry), and ultimately Latin, marītāre, meaning to provide with a husband or wife and marītāri meaning to get married.The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife".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.