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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.

These trends coincide with the broader human rights movement.

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".

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