Laws relating to incest?

Question

Are there actually laws against incestuous relationships or simply bans on marriage between people too closely related? If they are two consenting adults, is it noboby's business but their own? If a law banning such relationships exist, I imagine the main aim is to prevent child birth. Would such a law apply to those beyond child bearing age?

No. I'm not "porking my sister." I just have a concern. Enough said.

Answer 1

Actually, "coragryph" is only partially correct.

Although there was a ruling that determined that laws against homosexual relations were unconstitutional, there was also a LATER ruling (Muth v. Frank) which determined that the former precedent applied to literally nothing else. So all the rest of the blue laws are apparently still in full force. Especially those about incest, as that is what this second case was about:

http://en.wikipedia.org/wiki/Muth_v._Frank

In many states incest, even among completely consenting adults, is punishable by years and years in prison. And interestingly enough there are other states where relatives are allowed to get married if they're demonstrably sterile. But since Muth v. Frank occurred in 2005, it's pretty safe to say that these laws are DEFINITELY being enforced!

Hope that helps!

Answer 2

Yes, almost all states in the US have laws governing not just who can marry but who can have sex with whom.

Yes, in all states it is a crime and if caught, you will be arrested and jailed if you are caught having sex with your sister or brother; your son or daughter; your mother or father; also grandparents or grandchildren; and I imagine great-grand... as well. Um, almost forgot step-parents and step children. I am told in some places adult step-siblings can marry, but am unable to verify this. In any case, all of this is the crime of incest, and it is a felony everywhere.

I need to edit, because I forgot blood aunt/uncle with blood niece or nephew. This I am not so sure of, I suspect in most states, this is prohibited, but if it is an issue, better check in your own state. When iw was checking laws in Mexico, I learned I could legally marry a niece of my wife in DF, not in other states, (that is, my niece by marriage, not by blood.) I thought this was strange, but it does take a judge's signature.
Clearly, it is also prohibited to marry anyone with whom to have sex is a crime.

In quite a few states, you can marry your own first cousin. One such state is CA, but there are many others as well.

Before modern genetics, it was indeed believed that having children with a close relative would produce all sorts of defects. Now it is pretty well established that such defects will only appear if those bad genes are already in the family. Some recessive genes will appear in closely related individuals.

There is a modern reason to prohibit incest. This is, as one person said, to prevent abuse. If a man could have sex with his own daughter, little girls would never have any peace. I realize you stinkin' libs don't understand family, but family is supposed to be where little people are protected and made safe, if no where else. That is why abuse, sexual or violent, is such a serious offense.

By the way, sexual abuse by a father with his daughter is less than 2% of all abuse. In my experience and opinion, there are chemical pheromone things which happen with closely related people that preclude sexual abuse by a real father of his daughter.

So much so that when it happens, I think DNA testing should be done to determine the true paternity.

Answer 3

Only a lawyer, judge, or someone else who knows the law, could answer this correctly. I do know there are laws (probably differing from state to state), prohibiting a person from marrying a close relative, like a sister or aunt. When it comes to cousins, I would say possibly, that a cousin (once removed, or 1st cousin), might be as far as it goes. If you want to get married, that is.

As far as incest goes, I couldn't guess. I hope you aren't talking about a sister or aunt. That definitely goes against the grain. It must be bothering you some, or else you wouldn't be asking. I'd make it a point to find out, for sure. Just to set your mind at ease.

Answer 4

Depends on the location.

Some states allow close family marriages (first cousins seems to be the limit), some don't under any circumstances, some do only if the parties are not of child bearing age.

Actually, beyond the cultural/moral implications, it's to prevent genetically related problems.

This website http://www.cousincouples.com/?page=facts
it's definitely pro-cousin marriage but it's still pretty interesting and may answer your specific questions.

Answer 5

"retiredslash" is only partially correct.

While many states have laws against who can have sex, those laws are not enforceable in consenting adult relationships. The Supreme Court has determined that what happens between consenting adults in private is outside the scope of government regulation. Lawrence v. Texas (2003).

The government can regulate marriage, because marriage provides specific legal benefits. And they can regulate sexual relations involving children, because children cannot legally consent. But private relationships are outside government authority.

Answer 6

Since their has been no instance of enforcement and prosecution of these laws fo years there is no need to worry if friends or family is engaged in such behavior.

Answer 7

Most of these laws are to protect children. Nobody should have to tell someone not to sleep with their kin. But hey this is America and i doubt anybody besides the family would care and law enforcement doesn't really care about moral laws. Make your own decision that you have to live with.

Answer 8

No there's no laws but their should be. That law should apply to all human kind!!!!!!!!!

Answer 9

your from the south aren't you

Answer 10

Please tell me that you aren't porking your sister.