New Yorkers Stoop to New Low: Are Incest Laws Unconstitutional?


New Yorkers are in trouble. Just when you think that the state cannot be more morally disturbed than the actions of Governor Andrew Cuomo comes a case of incest.

As laws have been overturned countless times to let people do what they want, it has given rise to people wondering just what they can get away with. Who cares about right and wrong? Who cares about morals?

One Manhattan parent has filed a federal court claim to overturn the law that currently prohibits a parent from marrying their own child.

Yes, we’re talking about incest.

This is not a case where a stepmother or a stepfather wants to marry their child. Instead, the parent, who wishes to go unnamed, has decided that they want to enter into marital relations with their biological adult child.

Morally wrong? Socially disturbing? Yes, it is all of these things.

According to New York law, incestuous marriage is a third-degree felony. Any couples who marry who are committing incest are void.

Yet, one parent has watched society continuously bend the rules. Men can be women, women can be men, and the biological sex of people is no longer called into question when they want to play sports on a different team.

So, what makes this any different? With society becoming so morally corrupt, why not add incest to the list?

There are some things that simply have to remain as law. It is designed to protect everyone and to ensure that there are some morals that remain.

In the claim, the parent wrote, “Through the enduring bond of marriage, two persons, whatever relationship they might otherwise have with one another, can find a greater level of expression, intimacy, and spirituality.”

They’re calling it a matter of “individual autonomy.”

Why is this considered such an unacceptable subject?

For starters, it can have a negative impact on family relationships. When family members begin to breed, it can also result in a number of birth defects.

Further, incest can violate other laws, including child abuse, molestation, and statutory rape.

Still, this parent charges forward in order to get the law to be reversed. The court papers have said that the biological parent and child are unable to procreate. Does that suddenly make it okay?

Absolutely not.

The parent is a parent, not a spouse. As for how the child feels, that child is an adult – and should be capable of making their own decisions.

However, it’s hard not to call into question the mental stability of both parent and child. Are one or both of them dealing with a mental health issue that has been untreated? Is one feeling pressured into the relationship because of the other’s sanity?

There are a lot of questions being asked about this case as nothing about it meets society norms.

This is New York, though, and stranger things have happened.

The parent wants the judge to not only declare incest laws as unconstitutional but also unenforceable. They want permission to be declared as a “Parent and Adult Child Non-Procreationable” couple.

The parent has further argued that when procreation is impossible, it allows the parent and adult-child couple to “aspire to the transcendent purposes of marriage and seek fulfillment in its highest meaning.”

The main issue is that they already know what they’re asking is wrong because they’ve chosen to stay anonymous. Their anonymity is based on their claim that they know that the marriage request is one that society views as “morally, socially, and biologically repugnant.”

Well, there you go.

Family and matrimonial law attorneys are already stating that there’s no way that the law will bend. One even referenced Woody Allen, and that was with an adopted daughter that was never actually adopted by him – and people still find it repugnant.

But…it’s still New York and liberal judges have been known to allow the oddest of things to become acceptable. This may end up in federal courts before it’s completely over.