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This chapter considers the extent to which the state should seek to regulate any private religious or secular marriages that citizens might enter into. In the marriage-free state citizens could still take part in religious or secular marriage ceremonies. This is why the marriage-free state is not a marriage-free society. It does not follow, however, that the state should take no interest at all in such marriages, since they may take place in the context of oppression or injustice. The chapter sets out the case for intervention in marriages that are not recognized by the state, drawing on the model of liberal intervention in cultural practices set out in Clare Chambers, Sex, Culture, and Justice: The Limits of Choice and also on the UK Equality Act 2010. The chapter includes a case study of the agunah problem in Orthodox Jewish marriage and divorce law.
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