In the 21st century, there continue to be controversies regarding the legal status of married women, legal acceptance of or leniency towards violence within marriage (especially sexual violence), traditional marriage customs such as dowry and bride price, forced marriage, marriageable age, and criminalization of consensual behaviors such as premarital and extramarital sex.
The word "marriage" derives from Middle English mariage, which first appears in 1250–1300 CE.
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.
In terms of legal recognition, most sovereign states and other jurisdictions limit marriage to opposite-sex couples and a diminishing number of these permit polygyny, child marriages, and forced marriages.
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.
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 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.