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First Cousin Marriage

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A Case Against Oklahoma’s Ban on First Cousin Marriage
While public support for same sex marriage has undoubtedly increased within the last decade, the topic of consanguineous marriages is seldom discussed in popular media or the court house. In January of 2014 “District Judge Terence Kern overturned Oklahoma’s discriminatory state ban on marriage for same-sex couples” (“Oklahoma”). Nevertheless, according to section 43-2 of Oklahoma Statutes “marriages between…first cousins are…expressly prohibited.” By continuing to uphold this ban, the legislative assembly of Oklahoma wrongfully agrees with the common notions that marrying one’s close cousin results in a significantly higher chance of genetic mutations and disorders among offspring, disrupts social order, and is morally wrong. A careful analysis of the assembly’s implied arguments disproves their validity.
The increase in health risks posed to the offspring was perhaps the most influential factor considered by the legislative assembly of Oklahoma when outlawing consanguineous marriages. Although everyone is aware of the additional danger, many—including governing bodies—often disregard the actual numbers and exaggerate the findings. The offspring of first cousin marriages have only “a 1.7-2.8% increased risk for congenital defects above the [general] population” (Bennett et al. 115). The rise is not only miniscule, it is also preventable due to advanced methods of genetic testing and introduction of “genetic counseling” (Gelman) which can be made mandatory for all such couples. Furthermore, mothers who are smokers, alcoholics, of old age, and have relatives with birth defects also have raised risks of congenital defects in their children (“Facts about Birth Defects”), yet there are very few, if any, regulations preventing them from giving birth. Imagine the public’s response if it is announced that, effective tomorrow, women of Oklahoma with a history of birth defects in their family are prohibited from having sexual relationships which could result in birth. If biological reasons are the primary basis for the ban on first cousin marriages, the statute is clearly prejudiced.
Besides negating the significance of the biological concerns, disproving the effects on social order further invalidates the Oklahoma legislative assembly’s reasoning behind continuation of such a prohibition. While their purpose can be debated, laws are generally supposed to protect the individual, maintain order and guarantee fundamental rights such as freedom. Not only has the U.S. Supreme Court stated that marriage is a fundamental right of all individuals (“14 Supreme Court Cases…”), the union of two close cousins poses no threat to the individual, nor the order of society. The assembly may argue possible concerns of reducing limitations on first cousin marriages are that doing so will lead to forced unions in some families, an increased number of consanguineous marriages altogether and higher divorce rates. There are, however, twenty American states where first cousin marriage is legal (“State Laws Regarding…”), and there is no conclusive, documented evidence which indicates that social structure in these areas has been significantly altered whatsoever due to the lack of regulation on first cousin marriages.
In addition to the absence of significant biological and social consequences presented by the legislative assembly of Oklahoma, a lack of moral reasoning reveals the inconsistency of this statute. According to ABC News the state laws “date back hundreds of years to the time when the Catholic Church campaigned against cousin marriages.” A religious agenda, however, is not a premise for law, especially when the state legalized same sex marriage despite its well-known disapproval by some interpretations of religious texts. Moreover, many iconic religious figures such as Muhammad and Gautama Buddha married their first cousins (“World Religions & Cousin Marriage”). Simply stating that it is disgusting or not natural is not a sufficient cause for declaring cousin marriage morally wrong because personal views vary by the individual and are not representative of society as a whole. When considering the world, a little less than 20% of all marriages worldwide are between cousins, with many Middle Eastern countries having rates as high as 55% (Choron and Choron 89). Although it is difficult to imagine in Western society due to the stigma surrounding the topic, first cousin marriages are much more common and much less dangerous than they appear.
The legislative assembly of Oklahoma has not repealed the old statute prohibiting the union of two consenting first cousins because of evidently flawed biological, societal and moral reasons. For a governing body which advanced the movement towards equal marriage rights this year by allowing same sex couples to marry without restrictions, upholding a ban on first cousin marriage is counterintuitive. There exists a fine line between evidence and common belief, and in an advanced civilization laws ought to reflect the former. Word Count: 767 words

Works Cited
Bennet, Robin L. et al. "Consanguinity, Human Evolution, and Complex Diseases." Proceedings of the National Academy of Sciences of the United States of America 115.Supplement 1: Evolution in Health and Medicine (2010): 115. SBGM. Journal of Genetic Counseling, 2 Apr. 2002. Web. 11 Nov. 2014. <http://www.sbgm.org.br/artigos/artigo_aconselhamento.pdf>.
Choron, Sandra, and Harry Choron. 12 Weird Wedding Laws. Planet Wedding: A Nuptial-pedia. Boston: Houghton Mifflin Harcourt, 2010. 89. Print.
"Facts about Birth Defects." Centers for Disease Control and Prevention. Centers for Disease Control and Prevention, 20 Oct. 2014. Web. 11 Nov. 2014. <http://www.cdc.gov/ncbddd/birthdefects/facts.html>.
Gelman, Lauren. "Health 101: Genetic Testing Before & During Pregnancy." Parents Magazine. Meredith Corporation, n.d. Web. 11 Nov. 2014. <http://www.parents.com/getting-pregnant/genetics/tests/genetic-testing/>.
"Oklahoma” Oklahoma | Freedom to Marry. Freedom to Marry, Inc., n.d. Web. 11 Nov. 2014. <http://www.freedomtomarry.org/states/entry/c/oklahoma>.
"Oklahoma Statutes." Marriage Laws. American Marriage Ministers, n.d. Web. 11 Nov. 2014. <https://theamm.org/marriage-laws/oklahoma/>.
"State Laws Regarding Marriages Between First Cousins." State Laws Regarding Marriages Between First Cousins. National Conference of State Legislatures, n.d. Web. 11 Nov. 2014. <http://www.ncsl.org/research/human-services/state-laws-regarding-marriages-between-first-cousi.aspx>.
"When Cousins Get Married." ABC News. ABC News Network, 05 Sept. 2006. Web. 11 Nov. 2014. <http://abcnews.go.com/2020/Stossel/story?id=2395516&page=1>.
"World Religions & Cousin Marriage” CousinCouples. Christie Schuler Smith, n.d. Web. 11 Nov. 2014. <http://www.cousincouples.com/?page=world>.
"14 Supreme Court Cases: Marriage is a Fundamental Right” American Foundation for Equal Rights RSS. American Foundation for Equal Rights, 9 July 2012. Web. 11 Nov. 2014. <http://www.afer.org/blog/14-supreme-court-cases-marriage-is-a-fundamental-right/>.

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