Through a historical analysis of the policies and doctrine, Nicole shows that both of these legal fields have different functions in state power. The particular analytical focus is to study the construction of the rules and doctrines to demonstrate that both fields have rules for the recognition of marriages that adhering to a capitalist logic substantiating the view of a proper or desirable function of marriage in the state. The project elaborates the ways in which this logic foregrounds the racist, sexist and discriminatory effects that rules for marriage recognition produce today.