Legality of gay incest marriage

[Limnophile]

I know this may vary widely by region. In areas where gay marriage is legal, would it be legal for two sisters or two brothers to marry, since obviously no children would result? Two same sex cousins? Mother and daughter?

 

[SimonDoom]

This is a great question!

In most states in the United States, I believe it would be illegal, because in most US states parent/child and sibling/sibling incest is illegal, even among consenting adults. I would imagine on that basis that most states would refuse to recognize marriages of such pairings.

 

[lovecraft68]

I think at one point, or possibly still, marriage between family members is legal in NJ. Whether gay marriage is or not, no idea.

I've often contemplated what the issue would be in the eyes of the law if even hetero incest couples wanted to be together with one of both of them 'shutting down the shop' so to speak.

At that point, its a strictly moral issue with the birth defects argument taken away.

But we know how selectively moral people can be.

 

[Bubo_bubo]

There exist some alternatives that might be open to such couples in some countries, as long as they are not too open about the sexual aspects of their relationship.

Statutory cohabitation is open to all people who live together in Belgium. It is therefore available to both heterosexual couples and homosexual couples. It is also possible to cohabit, under the statutory scheme, with a member of your family or with anyone with whom you have a relationship without sexual connotations.

https://www.belgium.be/en/family/statutory_cohabitation

 

[TadOverdon]

https://en.wikipedia.org/wiki/Legality_of_incest_in_the_United_States

The birth defects issue is a red herring, of a kind. Opposition to incest long preceded and is apart from any knowledge of the genetic issues, which are themselves both real and much less significant than most people imagine. Marriage between close relatives is common throughout much of the world, and its "legality" is tied up with class issues.

This is not to imply that I'm in favor of incestuous marriage in IRL. There's an ick factor...unless I'm writing fiction about it.

 

[Bramblethorn]

I'm not aware of any jurisdiction that would permit a same-sex or same-gender marriage in circumstances where the equivalent male-female version would be prohibited. I haven't scoured the legal code of every state on earth, there might be some weird exception out there, but if there is I haven't heard of it.

Historically, opposition to incest has not just been about possible birth defects. There are issues of potential abuse, and various religious commandments (which could have originated as a measure to prevent birth defects, but which don't include an "unless you can't have children" clause).

 

[MillieDynamite]

Gay Marriage (at this moment) is legal in all 50 states of the United States. Incest is illegal in all 50 as well.

 

[SimonDoom]

I think at one point, or possibly still, marriage between family members is legal in NJ. Whether gay marriage is or not, no idea.

New Jersey law on marriage:

Title 37, New Jersey revised statutes:

37:1-1. Certain marriages or civil unions prohibited.

a.A man shall not marry or enter into a civil union with any of his ancestors or descendants, or his sister or brother, or the daughter or son of his brother or sister, or the sister or brother of his father or mother, whether such collateral kindred be of the whole or half blood.

b.A woman shall not marry or enter into a civil union with any of her ancestors or descendants, or her sister or brother, or the daughter or son of her brother or sister, or the sister or brother of her father or mother, whether such collateral kindred be of the whole or half blood.

c.A marriage or civil union in violation of any of the foregoing provisions shall be absolutely void.

Amended 2006, c.103, s.6.

So it would seem that first cousins can marry, and presumably two male first cousins can marry, but brother-brother and father-son marriages are prohibited.

 

[lovecraft68]

Gay Marriage (at this moment) is legal in all 50 states of the United States. Incest is illegal in all 50 as well.

Has anyone told West Virginia or Maine about this?

 

[SimonDoom]

Gay Marriage (at this moment) is legal in all 50 states of the United States. Incest is illegal in all 50 as well.

Consensual adult incest is NOT illegal in Rhode Island and New Jersey.

 

[MillieDynamite]

Consensual adult incest is NOT illegal in Rhode Island and New Jersey.

Well, that's news to me. Not that I have any relative I'd marry, blood or adoptive. HUM! I know some states allow as close as 2nd cousins to marry, and thought I'd heard of 1st cousins being allowed in one state. But I'd never heard of siblings being legal anywhere.

 

[MillieDynamite]

Has anyone told West Virginia or Maine about this?

Ha, well, the Supreme Court did. However, they may reverse that later this year.

 

[TadOverdon]

My understanding is that while some incest is illegal in New Jersey, it's not currently a criminal offense.

 

[SimonDoom]

This thread raises an interesting subject that I think has gone relatively unexplored in Literotica stories: the law as an impediment to incestuous relationships. Or for that matter to gay relationships. The US Supreme Court has struck down criminal laws against gay sex and gay marriage, but if (as certainly seems possible--there are at least two justices who very likely would rule this way) the Court were to reverse itself, some state anti-sodomy and anti-gay marriage laws probably would be back on the books, as hard as that is to believe in this day and age.

Say you have two brothers, and they start a relationship, and they want to go online with a website featuring their sexual activity with one another. Under current law, in most states, I think they'd be in legal jeopardy, but probably in many states legal authorities would look the other way. But not in all. It could be an interesting topic. I thought about continuing a mom-son series where they start a website and have to battle potential criminal punishment.

 

[SimonDoom]

My understanding is that while some incest is illegal in New Jersey, it's not currently a criminal offense.

My understanding is it's illegal when it involves minors, but not consenting adults.

 

[TadOverdon]

My understanding is it's illegal when it involves minors, but not consenting adults.

Yeah, sex with minors is probably illegal in Jersey.

 

[Bubo_bubo]

While in West Virginia sex with miners is probably encouraged.