This relative should be at least one generation away. However, in marriage cases the Court has applied everything from rational basis review to more searching scrutiny.131Wardle, supra note 63, at 34142. The cousin bans violate the basic right to marry, which over a century of Supreme Court jurisprudence has been grounded in both the Due Process and Equal Protection Clauses of the Fourteenth Amendment.145See supra Section I.C. ([I]nvasion of constitutionally protected liberty and the chance of erroneous prediction are simply too great.). Numbers 36:1011 (As the Lord had commanded Moses, so did Zelophehads daughters do/Mahlah, Tirzah, Hoglah, Milcah, and Noah married their cousins.). These were some of the laws that different countries have owing to marriages amongst family members. In striking down mandated sterilization of individuals with allegedly heritable criminal traits, the Court described reproduction and marriage as co-dependent, both being fundamental to ones existence.106Skinner, 316 U.S. at 541 (We are dealing here with legislation which involves one of the basic civil rights of man. Its a Felony, Reason (Aug. 20, 2010, 1:35 PM), https://reason.com/2010/08/20/not-tonight-honey-its-a-felony [https://perma.cc/5BH6-DJ8G]. As a result, no blood test is required to prove the partners are related. In 2016, it accounted for 4% of all legal unions in Canada. Marriages perceived central role in two critical spheresensuring social order and civilizations continuityhas traditionally been relied upon to justify state-crafted, localized approaches to matters of family life. Why are there restrictions owing to this issue? . The risks of marrying a first cousin include congenital disabilities, developmental delays, and a higher risk of genetic diseases. but it loses its force when applied to cousin-marriages.); see also Grossman, supra note 18 ([I]t is fairly unusual for first cousins to grow up in close confines.). In Zablocki v. Redhail, the Court invalidated a regulation forbidding marriage without prior court approval to noncustodial parents who were delinquent in their child support payments.84434 U.S. 374 (1978). First, the state plays a central role in regulating marriage.61Brian H. Bix, State Interests in Marriage, Interstate Recognition, and Choice of Law, 38 Creighton L. Rev. Others posit the unions are more frequent but underreported.41The stigma attached to the practice may be responsible for such underreporting. Professor Alan Bittles of Murdoch University and Edith Cowan University in Australia has As you will notice, most states permit first cousin marriages. The risk for congenital defects in the offspring of first cousins was approximately three percent above the population background risk.198Id. Me. . This would not be legal marriage contract but rather an agreement between two people. The Court construed its role as saving the right to marry from being subjected to the typical legislative process if that process itself had been used to illegitimately constrain the right.128Id. For criticism of Obergefells adoption of this approach, see generally Charles Adside III, Constitutional Damage Control: Same-Sex Marriage, Smiths Hybrid Rights Doctrine, and Protecting the Preacher Man After Obergefell, 27 Geo. Have you ever heard of someone marrying their sibling? The bans subject first-cousin couples to stigmatization for behavior that courts and most of the globe believe unworthy of opprobrium, harming rather than furthering societal unity.268Ottenheimer, supra note 19, at 1922, 5152, 13553; see Storke, supra note 55, at 474, 47678, 48183, 499; see also 52 Am. Ann. Marrying family members was a practice that was prevalent in the ancient civilizations of Rome, Greek, and Egypt. . populations there is a strong preference for consanguineous unions, most frequently contracted between first cousins. 10, 2002, 2:51 PM), https://www.cnn.com/2002/LAW/04/columns/fl.grossman.incest.04.09 [https://perma.cc/U7EM-DFD4].
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