Movement or displacement of women after marriage is a phenomenon commonly linked to exploitation and trafficking of women. Forced prostitution and labor feed on the relationship between marriage and migration as many women find themselves inextricably trapped in these often exploitative relationships.
In India, the traditional patriarchal set-up demands that the woman moves into the matrimonial home of her husband, which also houses her in-laws and new extended family. A huge number of migrant women in the country move away from their natal homes after their marriage, which is hardly surprising since girls and women are viewed as someone’s else property to be given up by way of marriage in any case. According to the 2001 census, women account for almost three quarters, or 65 percent, of the total migration reported in the country.
While female migrant labor remains invisible for many reasons, it is also often tied to the migration of the spouses so there is more opportunity for exploitation and vulnerability to occur.
In a trafficking situation, after being sold off to the next buyer by a fake husband who is involved in the sex trafficking network, women find themselves in fraternal polyandrous marriages. When they reach their matrimonial homes, they are abandoned for various reasons, and are put in abusive conditions working for little or no remuneration.
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Women’s position in Indian society and how they continue to be viewed determines the decisions that are made for them in marriage, whether real or contrived marriages. In many cases, they simply have become the currency of exchange. It is just the terms of engagement that get modified according to the situation.
The conditions change with the social factors driving them at that time. In many parts of India, girls are devalued and often are unwelcome in most households, especially if a second child is a female born into a home where the first-born child is already a girl. In these settings, sex selection abortion, female infanticide, or neglect of girl children through denial of food and medical care may be routine. Higher rates of mortality among girl children lead to skewed sex ratios in which boys far outnumber girls. As a result, India has fewer females per thousand males than is the norm biologically or socially in most other countries. The national average in the country, as per the 2001 census, is 933
females per 1,000 males. In some states, however, the ratio is far worse. Uttar Pradesh, for example, has a gender ratio of 898 females to 1000
males, ranking only slightly better than Punjab, Haryana and Sikkim, the
worst affected states.
Yet the near-drought of young, marriageable women that results in regions such as Punjab and Haryana where gender discrimination is most pronounced has driven prospective suitors in these areas to resort to "buying" their brides from other more impoverished regions. So the skewed gender ratio in these states leads to sourcing brides from faraway eastern states of India like West Bengal, Assam and Tripura.
Even as sex selection extracts its price, communities have devised their own means of dealing with the situation of uneven gender ratios. In a country where marriages thrive on regional, caste and class, and the
chastity of the girl, new means of driving marriage arrangements have been prompted by the scarcity of girls and
driven by poverty of a substantial bulk of the population.
For example, a pre-assembled baraat, or wedding procession, consists of a ready groom and willing parents. All that’s missing in this perfect wedding scenario is the bride, who has to be found somewhere. These are the essential ingredients of what is being increasingly referred to as chatpat shaadi or instant wedding, an increasingly common practice in some districts of the north state Uttar Pradesh (UP).
Unorthodox at the very least and excessively pragmatic at the most, families engage in these instant weddings to fulfill the socially indispensable requirement of marriage, a community pressure that bears upon eligible girls and boys and their families, though sooner for girls than boys.
What the eastern parts of this state have been witnessing over the years is the arrival of boys in groups of ten or more with their families in tow. The destination villages conduct guided tours, on the basis of locally collected data about eligible girls and acquiescent parents. Initially the practice involved cross-checking the antecedents of both families, but it’s now a practice the girls’ families are doing away with.
The ceremony’s immediacy is reflected by the hurried, exchanged vows at the local temple, and the groom’s party’s return home in a matter of days, with a very young bride in tow.
To some extent, these marriages bear the imprint of mass marriages conducted in almost every rural or semi-urban part of the country. It’s a quick fix community work model practised by local politicians. In many of these mass marriages, young girls have been married in clear violation of the law. These marriages can be seen as just another local version of marriage with poverty being the guiding factor.
What is even more interesting is that while the female to male ratio is below 900 in the western districts, it is above 1,000 in some of the eastern districts guiding the flow of women from eastern UP to the western part of the state via matrimony.
Weddings in small towns and villages were traditionally arranged by the community’s priest, who had access to information about eligible girls and boys and willing parents. Today’s instant weddings are now arranged by a local facilitator. While frequently a middle-man, the facilitator could also be a woman, who by virtue of marriage, has family in the villages of both the bride and the groom. The facilitator is the person who verifies the antecedents of both sides, and arranges the modalities and logistics of the wedding. Despite the financial burden the dowry system places on the bride’s side, these weddings have become attractive because of the limited economic burden placed on the parents. Often the absence of a dowry demand is what makes the groom acceptable, no questions asked. In fact, the financial insecurity of the bride’s family implies that the groom’s side bears a substantial part of the wedding expenses – the bride price for the girl. Often the lucrative offer of a dowry-less alliance is the first step into a life built on deceit and various levels of exploitation as the girl is taken to far off villages and towns, isolated from her own support systems and family.
The pressure the institution of marriage places on the social fabric
and its denizens only widens the scope of exploitation of girls, and
often her family. Innumerable narratives center around the lack of
information and naiveté of the victims, with women realizing they have
been duped after they are a long distance from their homes.
Low literacy levels only worsen their situations as they rarely know
whom to approach for redress in a completely alien and hostile
environment. The amount of deceit involves cases when the groom’s side
have built an entire façade of home, relatives and assets for the
bride, and reality strikes only when the bride reaches her new home.
What could follow is physical and sexual abuse apart from being
confined to prevent women from returning to their families. The social
ostracism associated with an abandoned or divorced wife forces women to
continue living in this environment.
Doctors can't treat their patients with leeches; counselors can't impose their beliefs on patients or harm them using discredited methods. Whatever their views, medical professionals have to treat their clients competently.
Whether they’re bakers, florists, or government clerks, those claiming the right to discriminate against LGBTQ people have repeatedly sought to transform professional services into constitutionally protected religious speech. They have grabbed headlines for refusing, for example, to grant marriage licenses to same-sex couples or to make cakes for same-sex couples’ weddings-all in the name of “religious freedom.”
A bit more quietly, however, a handful of counseling students at public universities have challenged their schools’ nondiscrimination and treatment requirements governing clinical placements. In some cases, they have sought a constitutional right to withhold treatment from LGBTQ clients; in others, they have argued for the right to directly impose their religious and anti-gay views on their clients.
There has been some state legislative maneuvering on this front: Tennessee, for instance, recently enacted a thinly veiled anti-LGBTQ measure that would allow counselors to deny service on account of their “sincerely held principles.” But when it comes to the federal Constitution, providing medical treatment—whether bypass surgery, root canal, or mental-health counseling—isn’t advocacy (religious or otherwise) protected by the First Amendment. Counselors are medical professionals; they are hired to help their clients, no matter their race, religion, or sexual orientation, and no matter the counselors’ beliefs. The government, moreover, may lawfully prevent counselors from harming their clients, and universities in particular have an interest, recognized by the U.S. Supreme Court, in preventing discrimination in school activities and in training their students to work with diverse populations.
The plaintiffs in these cases have nonetheless argued that their schools are unfairly and unconstitutionally targeting them for their religious beliefs. But these students are not being targeted, any more than are business owners who must comply with civil rights laws. Instead, their universities, informed by the rules of the American Counseling Association (ACA)—the leading organization of American professional counselors—merely ask that all students learn to treat diverse populations and to do so in accordance with the standard of care. These plaintiffs, as a result, have yet to win a constitutional right to discriminate against or impose anti-LGBTQ views on actual or prospective clients. But cases persist, and the possibility of conflicting court decisions looms.
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The first major challenge to university counseling requirements came from Jennifer Keeton, who hoped to receive a master’s degree in school counseling from Augusta State University. As detailed in the 2011 11th Circuit Court of Appeals decision considering her case, Keeton entered her professional training believing that (1) “sexual behavior is the result of personal choice for which individuals are accountable, not inevitable deterministic forces”; (2) “gender is fixed and binary (i.e., male or female), not a social construct or personal choice subject to individual change”; and “homosexuality is a ‘lifestyle,’ not a ‘state of being.'”
It wasn’t those views alone, however, that sunk her educational plans. The problem, rather, was that Keeton wanted to impose her views on her patients. Keeton had told both her classmates and professors about her clinical approach at a university-run clinic, and it wasn’t pretty:
She would try to change the sexual orientation of gay clients;
If she were counseling a sophomore student in crisis questioning his sexual orientation, she would respond by telling the student that it was not OK to be gay.
If a client disclosed that he was gay, she would tell him that his behavior was wrong and try to change it; if she were unsuccessful, she would refer the client to someone who practices “conversion therapy.”
Unsurprisingly, Keeton also told school officials that it would be difficult for her to work with LGBTQ clients.
Keeton’s approach to counseling not only would have flouted the university’s curricular guidelines, but also would have violated the ACA’s Code of Ethics.
Her conduct would have harmed her patients as well. As a school counselor, Keeton would inevitably have to counsel LGBTQ clients: 57 percent of LGBTQ students have sought help from a school professional and 42 percent have sought help from a school counselor. Suicide is the leading cause of death for LGBTQ adolescents; that’s twice or three times the suicide rate afflicting their heterosexual counterparts. And Keeton’s preferred approach to counseling LGBTQ students would harm them: LGBTQ students rejected by trusted authority figures are even more likely to attempt suicide, and anti-gay “conversion therapy” at best doesn’t work and at worst harms patients too.
Seeking to protect the university’s clinical patients and train her to be a licensed mental health professional, university officials asked Keeton to complete a remediation plan before she counseled students in her required clinical practicum. She refused; the university expelled her. In response, the Christian legal group Alliance Defending Freedom sued on her behalf, claiming that the university violated her First Amendment rights to freedom of speech and the free exercise of religion.
The courts disagreed. The trial court ruled against Keeton, and a panel of the U.S. Court of Appeals for the 11th Circuit unanimously upheld the trial court’s ruling. The 11th Circuit explained that Keeton was expelled not because of her religious beliefs, but rather because of her “own statements that she intended to impose her personal religious beliefs on clients and refer clients to conversion therapy, and her own admissions that it would be difficult for her to work with the GLBTQ population and separate her own views from those of the client.” It was Keeton, not the university, who could not separate her personal beliefs from the professional counseling that she provided: “[F]ar from compelling Keeton to profess a belief or change her own beliefs about the morality of homosexuality, [the university] instructs her not to express her personal beliefs regarding the client’s moral values.”
Keeton, in other words, crossed the line between beliefs and conduct. She may believe whatever she likes, but she may not ignore academic and professional requirements designed to protect her clients—especially when serving clients at a university-run clinic.
As the court explained, the First Amendment would not prohibit a medical school from requiring students to perform blood transfusions in their clinical placements, nor would it prohibit a law school from requiring extra ethics training for a student who “expressed an intent to indiscriminately disclose her client’s secrets or violate another of the state bar’s rules.” Doctors can’t treat their patients with leeches; counselors can’t impose their beliefs on patients or harm them using discredited methods. Whatever their views, medical professionals have to treat their clients competently.
Ward v. Polite
The Alliance Defending Freedom’s follow-up case, Ward v. Polite, sought to give counseling students the right to withhold service from LGBTQ patients and also to practice anti-gay “conversion therapy” on those patients. The case’s facts were a bit murkier, and this led the appeals court to send it to trial; as a result, the student ultimately extracted only a modest settlement from the university. But as in Keeton’s case, the court rejected in a 2012 decision the attempt to give counseling students the right to impose their religious views on their clients.
Julea Ward studied counseling at Eastern Michigan University; like Keeton, she was training to be a school counselor. When she reviewed the file for her third client in the required clinical practicum, she realized that he was seeking counseling about a romantic relationship with someone of the same sex. As the Court of Appeals recounted, Ward did not want to counsel the client about this topic, and asked her faculty supervisor “(1) whether she should meet with the client and refer him [to a different counselor] only if it became necessary—only if the counseling session required Ward to affirm the client’s same-sex relationship—or (2) whether the school should reassign the client from the outset.” Although her supervisor reassigned the client, it was the first time in 20 years that one of her students had made such a request. So Ward’s supervisor scheduled a meeting with her.
Then things went off the rails. Ward, explained the court, “reiterated her religious objection to affirming same-sex relationships.” She told university officials that while she had “no problem counseling gay and lesbian clients,” she would counsel them only if “the university did not require her to affirm their sexual orientation.” She also refused to counsel “heterosexual clients about extra-marital sex and adultery in a values-affirming way.” As for the professional rules governing counselors, Ward said, “who’s the [American Counseling Association] to tell me what to do. I answer to a higher power and I’m not selling out God.”
All this led the university to expel Ward, and she sued. She claimed that the university violated her free speech and free exercise rights, and that she had a constitutional right to withhold affirming therapy relating to any same-sex relationships or different-sex relationships outside of marriage. Like Keeton, Ward also argued that the First Amendment prohibited the university from requiring “gay-affirmative therapy” while prohibiting “reparative therapy.” After factual discovery, the trial court dismissed her case.
On appeal before the U.S. Court of Appeals for the Sixth Circuit, Ward eked out a narrow and temporary win: The court held that the case should go to a jury. Because the university did not have a written policy prohibiting referrals, and based on a few troubling faculty statements during Ward’s review, the court ruled that a reasonable jury could potentially find that the university invoked a no-referrals policy “as a pretext for punishing Ward’s religious views and speech.” At the same time, the court recognized that a jury could view the facts less favorably to Ward and rule for the university.
And although the decision appeared to sympathize with Ward’s desire to withhold service from certain types of clients, the court flatly rejected Ward’s sweeping arguments that she had the right to stray from the school curriculum, refuse to counsel LGBTQ clients, or practice anti-gay “conversion therapy.” For one, it said, “Curriculum choices are a form of school speech, giving schools considerable flexibility in designing courses and policies and in enforcing them so long as they amount to reasonable means of furthering legitimate educational ends.” Thus, the problem was “not the adoption of this anti-discrimination policy, the existence of the practicum class or even the values-affirming message the school wants students to understand and practice.” On the contrary, the court emphasized “the [legal] latitude educational institutions—at any level—must have to further legitimate curricular objectives.”
Indeed, the university had good reason to require counseling students—especially those studying to be school counselors—to treat diverse populations. A school counselor who refuses to counsel anyone with regard to nonmarital, nonheterosexual relationships will struggle to find clients: Nearly four in five Americans have had sex by age 21; more than half have done so by the time they turn 18, while only 6 percent of women and 2 percent of men are married by that age.
In any event, withholding service from entire classes of people violates professional ethical rules even for nonschool counselors. Although the ACA permits client referrals in certain circumstances, the agency’s brief in Ward’s case emphasized that counselors may not refuse to treat entire groups. Ward, in sum, “violated the ACA Code of Ethics by refusing to counsel clients who may wish to discuss homosexual relationships, as well as others who fail to comport with her religious teachings, e.g., persons who engage in ‘fornication.'”
But Ward’s approach would have been unethical even if, in theory, she were permitted to withhold service from each and every client seeking counseling related to nonmarital sex (or even marital sex by same-sex couples). Because in many cases, the need for referral would arise well into the counseling relationship. And as the trial court explained, “a client may seek counseling for depression, or issues with their parents, and end up discussing a homosexual relationship.” No matter what the reason, mid-counseling referrals harm clients, and such referrals are even more harmful if they happen because the counselor disapproves of the client.
Fortunately, Ward did not win the sweeping right to harm her clients or otherwise upend professional counseling standards. Rather, the court explained that “the even-handed enforcement of a neutral policy”—such as the ACA’s ethical rules—”is likely to steer clear of the First Amendment’s free-speech and free-exercise protections.” (Full disclosure: I worked on an amicus brief in support of the university when at Americans United.)
Ward’s lawyers pretended that she won the case, but she ended up settling it for relatively little. She received only $75,000; and although the expulsion was removed from her record, she was not reinstated. Without a graduate counseling degree, she cannot become a licensed counselor.
Cash v. Hofherr
The latest anti-gay counseling salvo comes from Andrew Cash, whose April 2016 lawsuit against Missouri State University attempts to rely on yet murkier facts and could wind up, on appeal, in front of the more conservative U.S. Court of Appeals for the Eighth Circuit. In addition to his range of constitutional claims (freedom of speech, free exercise of religion, equal protection of law), he has added a claim under the Missouri Religious Freedom Restoration Act.
The complaint describes Cash as “a Christian with sincerely-held beliefs”—as opposed to insincere ones, apparently—”on issues of morality.” Cash started his graduate counseling program at Missouri State University in September 2007. The program requires a clinical internship, which includes 240 hours of in-person client contact. Cash decided to do his clinical internship at Springfield Marriage and Family Institute, which appeared on the counseling department’s list of approved sites. Far from holding anti-Christian bias, Cash’s instructor agreed that his proposed class presentation on “Christian counseling and its unique approach and value to the Counseling profession” was an “excellent” idea.
But the presentation itself revealed that Cash intended to discriminate against LGBTQ patients. In response to a question during the presentation, the head of the Marriage and Family Institute stated that “he would counsel gay persons as individuals, but not as couples, because of his religious beliefs,” and that he would “refer the couple for counseling to other counselors he knew who did not share his religious views.” Because discrimination on the basis of sexual orientation violates ACA guidelines, the university determined that Cash should not continue counseling at the Marriage and Family Institute and that it would be removed from the approved list of placements. Cash suggested, however, that he should be able to withhold treatment from same-sex couples.
All this took place in 2011. The complaint (both the original and amended versions) evades precisely what happened between 2012 and 2014, when Cash was finally expelled. You get the sense that Cash’s lawyers at the Thomas More Society are trying to yadda-yadda-yadda the most important facts of the case.
In any event, the complaint does acknowledge that when Cash applied for a new internship, he both ignored the university’s instructions that the previous hours were not supposed to count toward his requirement, and appeared to be “still very much defend[ing] his previous internship stating that there was nothing wrong with it”—thus suggesting that he would continue to refuse to counsel same-sex couples. He continued to defend his position in later meetings with school officials; by November 2014, the university removed him from the program.
Yet in challenging this expulsion, Cash’s complaint says that he was merely “expressing his Christian worldview regarding a hypothetical situation concerning whether he would provide counseling services to a gay/homosexual couple.”
That’s more than just a worldview, though. It also reflects his intent to discriminate against a class of people—in a manner that violates his program’s requirements and the ACA guidelines. Whether hypothetically or otherwise, Cash stated and reiterated that he would withhold treatment from same-sex couples. A law student who stated, as part of his clinic, that he would refuse to represent Christian clients would be announcing his intent to violate the rules of professional responsibility, and the law school could and would remove him from the school’s legal clinic. And they could and would do so even if a Christian client had yet to walk in the door.
But maybe this was just a big misunderstanding, and Cash would, in practice, be willing and able to counsel same-sex couples? Not so, said Cash’s lawyer from the Thomas More Society, speaking about the case to Christian news outlet WORLD: “I think Christians have to go on the offensive, or it’s going to be a situation like Sodom and Gomorrah in the Bible, where you aren’t safe to have a guest in your home, with the demands of the gay mob.” Yikes.
Although Cash seems to want a maximalist decision allowing counselors and counseling students to withhold service from LGBTQ couples, it remains to be seen how the case will turn out. The complaint appears to elide two years’ worth of key facts in order to present Cash’s claims as sympathetically as possible; even if the trial court were to rule in favor of the university after more factual development, Cash would have the opportunity to appeal to the U.S. Court of Appeals for the Eighth Circuit, one of the country’s most conservative federal appeals courts.
More generally, we’re still early in the legal battles over attempts to use religious freedom rights as grounds to discriminate; only a few courts across the country have weighed in. So no matter how extreme Cash or his lawyers may seem, it’s too early to count them out.
* * *
The cases brought by Keeton, Ward, and Cash not only attempt to undermine anti-discrimination policies. They also seek to change the nature of the counselor-client relationship. Current norms provide that a counselor is a professional who provides a service to a client. But the plaintiffs in these cases seem to think that counseling a patient is no different than lecturing a passerby in the town square, in that counseling a patient necessarily involves expressing the counselor’s personal and religious beliefs. Courts have thus far rejected these attempts to redefine the counselor-patient relationship, just as they have turned away attemptsto challengebans on “reparative therapy.”
The principles underlying the courts’ decisions protect more than just LGBTQ clients. As the 11th Circuit explained in Keeton, the university trains students to “be competent to work with all populations, and that all students not impose their personal religious values on their clients, whether, for instance, they believe that persons ought to be Christians rather than Muslims, Jews or atheists, or that homosexuality is moral or immoral.” Licensed professionals are supposed to help their clients, not treat them as prospective converts.
This week, a study suggests some men are less likely to have safer sex with women whom they find attractive. There's now a study of women's pubic hair grooming habits, and a lot of couples don't have wedding-night sex.
This Week in Sex is a weekly summary of news and research related to sexual behavior, sexuality education, contraception, STIs, and more.
Men Less Likely to Have Safer Sex If Partner Is ‘Hot’
The old adage “Never judge a book by its cover” is apparently easily forgotten when it comes to judging potential sex partners. A new study in BMJ Open found that men said they were less likely to use a condom if their potential partner was hot.
In this small study, researchers showed pictures of 20 women to 51 heterosexual men. The men were asked to rank how attractive the woman was, how likely they would be to have sex with her if given the opportunity, and how likely it was they would use a condom if they did have sex with her. The results revealed that the more attractive a man found a woman, the less likely he was to intend to use a condom during sex with her.
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Men also rated how attractive they consider themselves, and the results showed that this was also related to condom use. Men who thought of themselves as more attractive were less likely to intend to use a condom.
Researchers also asked the men to estimate how many out of 100 men like themselves would have sex with each woman given the opportunity and finally, how likely they thought it was that the woman in the picture had a sexually transmitted infection (STI).
The results of these two questions turned out to be related: The men assumed that women whom other men would want to sleep with were more likely to have STIs.
This did not make the men in the study any more likely to intend to use a condom with those women. In fact, the men were most likely to intend condom use with women they found less attractive, even though they considered these women less likely to have an STI.
This was a small study with a relatively homogenous group of men ages 18 to 69 near Southhampton, England, and it measured intention rather than behavior.
Still, the results could present a challenge for public health experts if men are making condom decisions on a broader scale based on attraction rather than risk assessment.
Overall, 84 percent of women had engaged in some pubic hair grooming. Pubic hair grooming was more common among younger women (ages 18 to 24); among white women; and among women who had gone to college.
Before you start thinking everyone is out getting Brazilians, however, grooming means different things to different women. Only 21 percent of women said they took all their pubic hair off more than 11 times, and 38 percent of women say they’ve never done so. Moreover, waxing lags behind the most popular hair removal methods; only 5 percent of women say they wax compared with 61 percent who shave, 18 percent who use scissors, and 12 percent who use electric razors. (Respondents could choose more than one answer in the survey.)
Most women (93) do it themselves, 8 percent have their partners help, and 6.7 percent go to a professional.
The researchers were most interested in the most common reason women groom their pubic hair. The most common reason was hygiene (59 percent), followed by “part of my routine” (46 percent), “makes my vagina look nicer” (32 percent), “partner prefers” (21 percent), and “oral sex is easier” (19 percent).
Tami Rowen, the lead author of the study and a practicing gynecologist at the University of California, San Francisco, told the New York Times, “Many women think they are dirty or unclean if they aren’t groomed.”
But while people may think that, it’s not true. Pubic hair actually exists to help protect the delicate skin around the genitals. Rowen and other doctors who spoke to the Times believe that women, especially teenagers, are taking up grooming practices in response to external pressures and societal norms as reflected in images of hairless genitals in pornography and other media. They want young people to know the potential risks of grooming and say they’ve seen an increase in grooming-related health issues such as folliculitis, abscesses, cuts, burns, and allergic reactions. As some may remember, This Week in Sexreported a few years ago that emergency-room visits related to pubic hair grooming were way up among both women and men.
This Week in Sex believes that women should be happy with their genitals. Keeping the hair that grows does not make you dirty—in fact, it is there for a reason. But if shaving or waxing makes you happy, that’s fine. Do be careful, however, because the doctors are right: Vulvas are very sensitive and many methods of hair removal are very harsh.
Wedding-Night Sex May Be Delayed, But That’s OK With Most Couples
Summer is a popular wedding season, with couples walking down the aisle, exchanging vows, and then dancing the night away with friends and families. But how many of them actually have sex after the caterer packs up and the guests head home?
According to lingerie company Bluebella—about half. The company surveyed 1,000 couples about their postnuptial sex lives and found that 48 percent of them said they did “it” on their wedding night. Most women in those couples who did not get it on that night said they were just too tired. The men, on the other hand, said they were too drunk or wanted to keep partying with their friends. (It is unclear whether the survey included same-sex couples.)
By the next morning, another 33 percent of couples had consummated their marriage, but about 10 percent said it took 48 hours to get around to it.
But whenever couples did have that post-wedding sex, the overwhelming majority (84 percent) said it lived up to their expectations.