Modern Australian
Men's Weekly

.

Marriage has changed dramatically throughout history, but gender inequalities remain

  • Written by Michelle Brady, Senior Research Fellow in Sociology, The University of Queensland

One year ago, Australians were asked “Should the law be changed to allow same-sex couples to marry?”. The answer was a resounding “yes” – more than 60% of those who expressed a view backed marriage equality.

The anniversary of this historic moment offers an opportunity to reflect on how marriage as an institution has changed in Australia and other Western democratic countries over the last few hundred years, as well as the ways it remains stubbornly the same.

Many of those who argued for the “no” vote asserted that Australia should retain “the traditional definition of marriage”. But our research on the history of marriage and divorce shows that the tradition of marriage has actually changed a lot since the 18th century.

Although much progress has been made, gender inequality within relationships continues to be a problem, particularly if couples prefer to live together without getting married.

Women have gained more rights

Historically, marriage was the key way families passed on status, wealth and property from generation to generation.

The institution of marriage also came with strongly prescribed gender roles. Women’s sexuality, rights and access to financial resources were strictly controlled in marriages. Regardless of whether a family was poor or wealthy, women’s bodies and labour were regarded as the property of their husbands in the 18th and 19th century. Prior to the 20th century married women lost their identities and many of their individual rights.

Read more: If we're serious about supporting working families, here are three policies we need to enact now

In the mid-20th century, however, many laws that explicitly discriminated against women were reformed in most Western democratic countries. Wives gained their own legal and economic status within marriage. The decline in the influence of religion also played a role in marriage laws becoming more “gender neutral”.

Though Western countries have removed laws that explicitly discriminate against women, gendered consequences remain.

For instance, society continues to promote different roles for men and women within the family following the birth of a child. Women take on much more of the housework and childcare duties. And married women, in particular, do more of the housework on average than women in cohabiting relationships with men.

But cohabiting couples have fewer legal rights

Today, the laws in most Western democratic countries recognise a diversity of family types. At the same time, couples in cohabiting relationships continue to have fewer rights, entitlements and obligations compared with married couples.

Read more: Explainer: what legal benefits do married couples have that de facto couples do not?

As a result, cohabiting women are overall more likely than married women to experience relationship dissolution, single parenthood and poverty.

For example, no country legally obliges cohabiting couples to financially support a partner staying home to look after children. Like married women, cohabiting women are more likely than their partners to take time out of the workforce to care for children. And the lack of legal protection makes women in cohabiting relationships economically vulnerable.

Another example is the difference in laws around financial settlement and the division of wealth after a relationship breaks down. In most countries, women in marriages who take on a home-maker role can seek to claim a share of their spouse’s property if their relationship dissolves. Women in cohabiting relationships, however, often have no similar rights or very limited rights.

Paternity is another issue for cohabiting couples. Many countries do not automatically assign paternity of children – and the assumption of shared custody of children – to cohabiting fathers.

Australia, however, is somewhat of an exception in offering more protections to cohabiting couples.

Here, couples who have cohabited for at least two years or have a child together are protected by the federal family law’s property division regulations. These laws take into account both partners’ non-financial contributions to a relationship (such as caring for children) and their future needs.

The court also has discretionary power after the breakdown of a relationship to give one partner a share of property held solely in their former partner’s name, such as a superannuation fund.

And fathers in de facto relationships do not have to take extra steps to establish paternity and shared custody of children. This makes it easier for fathers to obtain shared custody if a relationship breaks down and for mothers to seek child support.

These laws give Australian women in cohabiting relationships greater financial protections. However, there are limits to these protections. The laws do not apply to cohabiting relationships of less than two years, for example, unless the couple has a child together.

The appeal of marriage to same-sex couples

Research has found that because Australia offers such strong legal and social recognition of de facto relationships, LGBT activists initially focused their efforts on gaining de facto recognition of same-sex relationships, rather than marriage equality.

LGBT activists didn’t really start focusing on marriage until 2004, when the Australian government altered the Australian Marriage Act of 1961. By strictly defining marriage as “the union of a man and a woman to the exclusion of all others”, the government offended many in the LGBT community and helped spark the desire for change.

Read more: A year since the marriage equality vote, much has been gained – and there is still much to be done

The symbolic importance of marriage in the LGBT community also gradually increased, resulting in more LGBT attention on gaining marriage equality.

Today, the extent to which marriage appeals more to gay men or lesbians depends on a range of factors.

Marriage has changed dramatically throughout history, but gender inequalities remain Lesbians have accounted for the majority of same-sex marriages in Australia so far. Jill Kindt (left) and Jo Grant were the first. Dan Peled/AAP

So far, lesbians have accounted for the majority of same-sex marriages in Australia. This may be because in the context of a limited social safety net compared to other countries, women may value the marginally better financial protections offered by marriage given they are more likely than gay men to have children. For all the debate about “the traditional definition of marriage”, our research finds that marriage has always been a constantly evolving and changing institution. Same sex marriage is just the latest change.

But more progress can be made. Even though we have finally addressed inequality for same-sex couples, and laws relating to marriage no longer explicitly discriminate against men or women, gender inequality within the institution of marriage continues to be a problem.

Authors: Michelle Brady, Senior Research Fellow in Sociology, The University of Queensland

Read more http://theconversation.com/marriage-has-changed-dramatically-throughout-history-but-gender-inequalities-remain-106346

Why Commercial Carpet Cleaning Services Matter for Professional Spaces

Clean carpets play a major role in shaping how a commercial space looks, feels, and functions. Commercial carpet cleaning services are essential fo...

5 Things to Consider Before Choosing a Commercial Painter

Choosing the right painter for a commercial business can be challenging. Regardless of the type and the size of the property, all commercial project...

Why Medical Fitout Melbourne Practices Rely on for Modern Healthcare Spaces

A well-planned medical fitout Melbourne is essential for creating healthcare environments that support patient care, clinical efficiency, and regula...

Luxury Builders Melbourne Crafting Homes Defined by Design and Detail

Building a premium home is about far more than size or appearance. It is about precision, craftsmanship, and a deep understanding of how refined spa...

Electric Sliding Door Solutions for Modern Living and Commercial Spaces

The way people move through spaces has changed dramatically over the years, and the electric sliding door has become a defining feature of that evol...

Australia’s New Fast Track to Advanced Care in Vietnam

For many Australians, the decision to seek medical care abroad often begins with a specific feeling: the quiet frustration of waiting. According to ...

Cardboard Boxes: A Practical Packaging Solution for Modern Businesses

Reliable cardboard boxes play a vital role in how goods are stored, protected, and transported across industries. From small retailers to large-sca...

The Rise of Smart Homes in Australia: What’s Worth Investing In?

Australia is in the midst of a home technology revolution. From energy efficiency to integrated security, today’s homeowners are transforming thei...

Winter Hairstyling Tips to Prevent Dryness

Winter can be particularly harsh on your hair. Cold air outside, dry indoor heating, and frequent temperature changes can strip moisture from the ha...

Short Term Loans in Australia: Practical Insights for Borrowers and Finance Professionals

Short term loans play a crucial role in Australia’s personal finance landscape. They are designed to cover short-term expenses, unexpected bills, ...

Best EPD Consultants in Australia

Environmental Product Declarations (EPDs) play an increasingly important role in the Australian construction, manufacturing, and infrastructure sect...

I/O Controller And Its Role In Modern Industrial Automation

Industrial automation relies on a range of advanced technologies to ensure precision, speed, and reliability in day-to-day operations. Among these t...

Hydraulic Systems And Their Importance In Modern Industry

A hydraulic system plays a vital role in powering machinery, controlling movement, and delivering high-force performance across countless industrial...

Why Australian Businesses Are Having a Second Think About Digital Growth

Running a business these days is a whole lot different to how it was even a few short years ago. Customers are better informed, there's more competi...

Restaurants Risk Compliance Issues Amid Commercial Plumber Shortage

As demand for housing, roads and facilities increases, so does the demand for trade workers. According to Infrastructure Australia, the construction i...

The Importance Of A Professional Medical Fitout Melbourne For Modern Healthcare Facilities

Healthcare environments must operate with precision, efficiency, and a strong focus on patient comfort. A well-planned medical fitout Melbourne hel...

Top Safety and Comfort Features to Consider in Family Off Road Caravans

Exploring Australia’s coastline, bush tracks or outback locations is far more enjoyable when travelling in a caravan designed for both comfort and...

“Logistical Nightmare” – Rural and Remote Communities Supply Chain Nightmares

Australia’s road logistics need major reform to counteract the supply chain issues that are hitting rural and regional communities hard. With 80% of...