Ask anyone what marriage means, and you’ll likely get an answer built on assumptions so old they feel like facts: a man, a woman, a wedding, and eventually, children. But scratch beneath that assumption and you’ll find something far more interesting: marriage is a social institution that has been quietly rewritten by law, culture, and changing human needs. Understanding how we define marriage today means understanding both the traditional blueprint and the cracks that have appeared in it.
Table of Contents
- The traditional definition of marriage
- Sanctioned by tradition and law
- Heteronormativity: the unwritten rulebook
- Same-sex marriage and global legal exclusion
- India’s legal journey with Section 377
- Challenging the reproduction assumption
- Marriage without biological children
- Companionship as the new centre of marriage
- What this means for legal recognition
- What do you think?
The traditional definition of marriage
Sociologists have long treated marriage as more than a private romantic choice. British sociologist Anthony Giddens described family and kinship as a set of rights and obligations historically treated as naturally given, created through biological and marital ties that once bound people together in networks of trust and mutual duty. In this classical framing, marriage is a socially and legally recognised union, typically between an adult man and woman, that connects not just two individuals but entire kin groups.
This is echoed in anthropologist Claude Lévi-Strauss’s influential definition of family, which describes it as a social group originating in marriage that binds members through legal, economic, and religious bonds, along with duties, privileges, and a network of sexual rights and prohibitions, as outlined in this university sociology resource on kinship and marriage. Notice what’s doing the heavy lifting here: law, economics, and religion. Marriage, in the traditional sense, was never just about love. It was infrastructure.
Sanctioned by tradition and law
For most of human history, this infrastructure served a specific function: organising reproduction, inheritance, and property within a recognised family unit. A marriage sanctioned by both custom and the state gave a couple’s children legal legitimacy, gave spouses inheritance rights, and gave society a predictable way to allocate care and resources across generations. That’s why, even today, most legal systems treat marriage certificates as documents with real consequences for property, taxation, and next-of-kin status.
Heteronormativity: the unwritten rulebook
Here’s where the definition starts to reveal its limits. The traditional model of marriage doesn’t just describe a common pattern, it enforces one. This enforcement has a name in sociology: heteronormativity, the assumption that heterosexuality is the default, natural, and preferred form of sexual and romantic attraction, with every other orientation treated as a deviation, according to this academic overview of heteronormativity. Under this framework, marriage laws, religious doctrine, and even everyday social expectations are built around the idea that only opposite-gender couples are legitimate candidates for marriage.
Same-sex marriage and global legal exclusion
The practical effect of heteronormativity is visible in marriage law itself. Even though public attitudes have shifted significantly in the last two decades, same-sex marriage remains legally recognised in only a minority of the world’s nations. As of 2026, roughly 38 countries, concentrated heavily in Europe and the Americas, allow same-sex couples to marry, according to data tracked by Our World in Data. That means the vast majority of countries, including most of Asia, Africa, and the Middle East, still do not offer same-sex couples the legal status, protections, or social recognition that marriage confers on heterosexual couples.
This isn’t a neutral gap. Couples excluded from marriage often lose access to inheritance rights, hospital visitation as next of kin, joint adoption, spousal insurance benefits, and even the basic social legitimacy that comes with being recognised as a family unit. Heteronormativity, in other words, doesn’t just shape opinions, it shapes law, and law shapes lives.
India’s legal journey with Section 377
India’s own history with this issue is instructive. For over 150 years, Section 377 of the Indian Penal Code, a colonial-era law, criminalised “carnal intercourse against the order of nature,” a provision used almost exclusively to target same-sex relationships. In 2018, a five-judge Constitution Bench of the Supreme Court delivered its verdict in Navtej Singh Johar v. Union of India, unanimously reading down Section 377 to decriminalise consensual same-sex conduct between adults, holding that the law had violated the constitutional rights to dignity, privacy, and equality, as detailed by the Supreme Court Observer’s case background. This was widely welcomed internationally as a significant human rights milestone, with the International Commission of Jurists describing it as ending the threat of criminal liability that LGBTQ+ individuals in India had lived under for generations, as noted in the ICJ’s statement on the ruling.
But decriminalisation is not the same as recognition. Same-sex relationships between consenting adults are no longer a criminal offence in India, yet same-sex marriage still has no legal standing. In 2023, a five-judge Constitution Bench heard Supriyo v. Union of India, a batch of petitions seeking marriage equality. The Court declined to recognise same-sex marriage, holding that the matter falls within the domain of the legislature rather than the judiciary, while directing the government to examine ways to prevent discrimination against LGBTQ+ individuals. This distinction between decriminalised love and unrecognised marriage captures exactly how deeply heteronormative assumptions remain embedded in Indian family law, a gap explored in this legal analysis of the Navtej Singh Johar judgment and its aftermath.
Challenging the reproduction assumption
Beyond who is allowed to marry, the traditional definition of marriage also assumed a specific purpose: biological reproduction within a recognised family unit. Marriage, in this older view, existed largely to produce and legitimise children. But this assumption no longer matches how people actually live and form families.
Marriage without biological children
Many couples today choose to remain childless, whether by circumstance or deliberate choice, and this decision rarely invalidates their marriage in the eyes of society or law. Others build families through adoption rather than biological conception. Reproductive medicine has also expanded the pathways to parenthood considerably, allowing couples, including same-sex couples in jurisdictions where they can legally marry, to have children through assisted reproductive technologies, surrogacy, or adoption rather than through biological union between the spouses themselves.
This shift matters because it exposes reproduction as one possible function of marriage rather than its defining purpose. A marriage can be complete, stable, and socially meaningful without ever producing a biological child.
Companionship as the new centre of marriage
If reproduction is no longer marriage’s sole justification, what has taken its place? Increasingly, sociologists point to companionship, mutual support, and emotional intimacy as central to how people understand marriage today. Giddens described this shift as the rise of the “pure relationship,” a form of intimacy entered into for its own sake rather than for family alliances, parental expectations, or reproduction, and sustained only as long as it continues to satisfy both partners emotionally, as explained in this open sociology textbook chapter on marriage and family.
What this means for legal recognition
This reframing has direct implications for the marriage equality debate. If companionship, care, and mutual commitment, rather than reproductive capacity, are what make a marriage meaningful, then the traditional justification for excluding same-sex couples from marriage weakens considerably. Same-sex couples already form lasting partnerships built on the same emotional and practical foundations as heterosexual marriages; many raise children through adoption or assisted reproduction. The remaining barrier to their marriage isn’t a lack of function, it’s a lack of legal and social recognition rooted in heteronormative assumptions that persist even after decriminalisation.
India’s situation illustrates this tension clearly. The law no longer criminalises same-sex love, but it also doesn’t yet extend marriage’s legal protections and social legitimacy to same-sex couples. This gap between decriminalisation and full recognition is precisely where heteronormativity continues to operate, not through outright punishment, but through the quiet withholding of institutional acceptance.
What do you think?
What do you think? If companionship and mutual care are now central to how we understand marriage, should reproductive capability still influence who is legally permitted to marry? And as more countries move toward marriage equality, what social or legal changes do you think would need to happen in India for that gap between decriminalisation and recognition to close?
References
- https://www.tezu.ernet.in/tu_codl/slm/Open/MASOD/1/MSO-102-BLOCK-I.pdf
- https://www.sciencedirect.com/topics/social-sciences/heteronormativity
- https://ourworldindata.org/grapher/same-sex-marriage-country-count
- https://www.scobserver.in/cases/navtej-singh-johar-v-union-of-india-constitutionality-of-section-377-ipc-background/
- https://www.icj.org/india-supreme-court-decision-ending-criminalization-of-consensual-same-sex-relationships-is-a-momentous-step-forward-for-human-rights/
- https://legaldesire.com/navtej-singh-johar-case-summary/
- https://ecampusontario.pressbooks.pub/sociologyforsocialserviceworker/chapter/14-1-what-is-marriage-what-is-a-family/
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