Group Marriages

Group marriage (when men and women living together consider themselves married to each other) is illegal, but there are examples of it throughout the history of the United States and in other societies as well. However, in no society is this type of marriage the primary form of marriage. It was practiced by members of the Oneida Company in the mid-1800s in Vermont and then in New York when the group was forced to move because of community disapproval. A study of more than 100 group marriages in the early 1970s showed that such arrangements do not last long: only 7 percent of the "multilateral marriages" studied lasted longer than five years (Constantine and Constantine 1973). Most of these groups consisted of two couples who lived together, sharing economic resources, services, and child care as well as sexual access. Communication and personality conflicts were the primary reasons for dissolving the group, and bonds between same-sex members of the group were the primary factor responsible for success.
In the United States, common-law marriage is recognized in fifteen states and the District of Columbia. These states are Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. If a heterosexual couple who are of legal age and legally competent to marry (e.g., they are not already married) make an agreement to live together as husband and wife and actually do cohabit, they are legally married. A ceremony is not necessary, nor is compliance with the other formal requirements governing marriage in their state (Knox and Schacht 1991). This practice stems from the tradition that marriage contracted between two adults was their own or their family's business. Historically in continental Europe and England (societies that are the source of much of U.S. law and custom), marriage needed neither civil nor religious sanction. However, the Catholic Church became more powerful during the Middle Ages and assumed control over marriage (Goody 1988). Even though private arrangements continued, these marriages were not recognized as valid by the church (Saxton 1993). In the United States, marriage became regulated by civil laws in the nineteenth century, but some "states took the position that private marriages were valid so long as they were not expressly forbidden by statute. Such unions were called common law" (Saxton 1993, p. 198). In all societies, a marriage is generally not recognized as such unless the couple is deemed married by the community. However, once a marriage is recognized by one state, it must be recognized by all other states (e.g., a common-law marriage officially recognized by Texas must be recognized in Oregon even though Oregon does not officially sanction common-law marriages).