Consanguineous Marriages in the American Population by George B. Louis Arner
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page 12 of 115 (10%)
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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 |
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