A lot has been written about the non-significance of reproduction to marriage, and proof of it’s non-significance is somehow related to incest statutes which prohibit the marriage of first cousins unless they are demonstrably sterile. Somehow, the existence of these statutes is supposed to demonstrate….well, I’m not exactly certain what it is that these statutes are supposed to demonstrated.
I can see a few things that the existence of these statutes demonstrates. First, it demonstrates that there is at least one explicit instance in which a known sterile couple is allowed to marry. Well, that isn’t a shock, is it? Marriage has never been limited to demonstrably fertile couples, nor have I ever heard any argument that it ought to be limited to demonstrably fertile couples. Furthermore, even when the fertility of the couple is obviously non-existent, due to age, medical condition, or separation (e.g.. the death row inmate who gets married), some couples are allowed to marry. Therefore, if anyone were to argue that only fertile or potentially fertile couples have been allowed to marry, they would be guilty of an obvious error. On the other hand, I’ve never heard anyone argue that, so I’m not sure of the relevance.
What else might the existence of those laws demonstrate? It seems clear to me that they are saying that there is nothing that the state finds inherently offensive about the marriage of first cousins. However, those marriages are banned, presumably because of the widespread belief that the offspring of those marriages are more likely to have genetic abnormalities (what we used to call “birth defects”). That would seem to bolster the argument that marriage is somehow related to reproduction. A marriage that is not offensive is nevertheless banned specifically because of the belief that the resulting children are more likely to have undesirable medical conditions. If the couple wishing to be married can demonstrate that they cannot produce the undesirable children, the impediment to their marriage is lifted. Call the caterers!
What else might the existence of these laws demonstrate? Notice that the waiver of anti-incest laws applies to cousins, but not to parents and children, siblings, or other relatives closer than cousins. Obviously, it was not the intention of the state to allow any demonstrably non-fertile couple to marry. They kept in place some anti-incest laws, and did not provide any exceptions. Apparently, they felt it served their purpose to outlaw marriage between parents and children. One suspects that their reason for doing so was an imposition of their standards of morality on the general population.
So, allow me to summarize. These laws demonstrate that in ages past, it was assumed that procreation would be a consequence of a typical marriage. We can infer that they felt justified in prohibiting marriages where there was an elevated risk of genetic abnormalities in children that were born to the couple. We can infer that infertile people were allowed to marry. Also, we can infer from them that there were certain unions that were considered immoral, and the state felt comfortable in prohibiting those unions on moral grounds.
None of which should shock anyone. It’s pretty common sense stuff.
So, if we were to follow the example of legislators in times past, we would allow sterile marriages, but ban immoral ones.
I think that’s a good idea, myself. I suppose it just falls to us to determine which marriages are immoral, The only marriages I can think of immediately that I find immoral are ones between parents and children, and between siblings. Maybe aunts and uncles with their nieces and nephews as well. The idea of someone marrying his niece has a pretty high “ick factor” to me, so I’m inclined to ban them. Also, any marriage involving children would be immoral.
Of course, some of you are incensed at the idea of imposing your morality, or the morality of the majority, upon the minority. Those among you who feel that way will naturally object to the idea a ban on marriages between fathers and daughters, and you are entitled to your opinions. I do hope you will speak up about your feelings here, though. If you fail to do so, you might leave the impression that everyone was willing to oppress that minority of young men who wanted a girl EXACTLY like the girl who married dear old dad.
Also, if we followed ancient example, we would ban marriages where there is an elevated risk of birth defects. From what I understand, the risk of birth defects from incestuous unions is actually highly overstated, so I don’t see the problem with allowing first or second cousins to marry. Certainly, that risk is no higher than the risk from allowing people with Huntington’s disease to marry, and I suspect it is lower than that involved in allowing women over 35 to bear children. We don’t place any restrictions on those categories of people, so I see no reason to ban marriages between cousins.
Those of you reading closely will notice that same sex marriages are not among those I would ban on moral grounds, which might confuse you. I can understand the confusion, but it isn’t really well- founded. I have said I am a reluctant supporter of gay marriage. In the future, I will explain my reluctance, and also explain why none of the above contradicts my position that marriage exists primarily for purposes of child creation and upbringing, and secondarily as a recognition of inherent differences between men and women.
However, that will wait for another day. Given the length of this post, I doubt anyone will object.