Consanguineous Marriages in the American PopulationArner, George B. Louis (George Byron Louis)
Science
Consanguineous Marriages in the American Population
Arner, George B. Louis (George Byron Louis)
Consanguinity -- United States
Since the appearance of the Bemiss report little has been published in
this country which bears directly upon our subject. The most important
American contribution, however, is to be found in the Special Report
on the Blind and the Deaf, in the Twelfth Census of the United States,
prepared by Dr. Alexander Graham Bell. Although American writers have
had little part in the theoretical discussions, our legislators have
been active, so that the statutes of every state specify degrees of
kinship within which marriage is prohibited. In at least sixteen
states the prohibition is extended to include first cousins. In New
Hampshire such marriages are void and the children are illegitimate.
Other states in which first-cousin marriage is forbidden are
Pennsylvania, Ohio, Indiana, Illinois, Michigan, Kansas, North Dakota,
South Dakota, Wyoming, Nevada, Washington, Oregon, Missouri, Arkansas,
and Louisiana. Since both Oklahoma and Indian Territory had similar
laws, the present State of Oklahoma should probably be added to this
list. In all of these states marriages within the prohibited degrees
are incestuous or void or both, except in Ohio, where no express
declaration is made in the statute. In Ohio, Indiana, Nevada and
Washington the law is made to read: "and not nearer of kin than
_second cousins_," therefore including "1-1/2 cousins" within the
prohibited degrees. In many states the marriage of step relatives is
forbidden, as also marriage with a mother-in-law or father-in-law. Of
the territories, Arizona, Alaska, and Porto Rico forbid the marriage
of first cousins, but in Porto Rico the court may waive the
impediment.
These laws probably have some effect in reducing the number of
consanguineous marriages in these states, but the sentiment back of
the law is more responsible for the decrease in the number of such
unions than the law itself. For in the nature of things enforcement
would be very difficult, and apparently little real effort is made in
that direction. In Ohio, and probably elsewhere, the question as to
consanguinity is not directly put to the applicants for a marriage
license. The applicants are required to answer the usual questions in
regard to age, parentage, residence, etc., and are then required to
swear that their previous statements have been correct and that
neither of them is "epileptic, imbecile or insane," that they are "not
nearer of kin than second cousins, and not at the time under the
influence of any intoxicating liquor or narcotic drug." Undoubtedly
violations of the consanguinity clause are very frequent, and it is
likewise easily evaded by going to another state where the laws are
more liberal. One effect of the law is to provide a painless method of
severing the marriage bond. A correspondent, who is a District Court
Judge in Kansas, in reporting a case of first cousin marriage, adds
that he "divorced them on the ground of consanguinity."
Public-domain text, read in full here on John Shaqi.
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