PKT_VOL
Veni, Vidi, Vici
- Joined
- Jun 12, 2009
- Messages
- 16,837
- Likes
- 8,225
NY State blesses
The states highest court has toppled a cultural taboo legalizing a degree of incest, at least between an uncle and niece in a unanimous ruling.
While the laws against parent-child and brother-sister marriages . . . are grounded in the almost universal horror with which such marriages are viewed . . . there is no comparably strong objection to uncle-niece marriages, Tuesdays ruling reads.
Judge Robert Smith of the Court of
The decision stems from a case brought by Vietnamese citizen Huyen Nguyen, 34, a woman who had appealed a ruling by an immigration judge.
The judge had tried to boot her from the United States after declaring that her 2000 marriage in Rochester to her mothers half-brother was invalid.
Nguyen and her husband, Vu Truong, 38, appealed and won.
Theyve been married 14 years now, but unfortunately, for half the time, there has been this concern over their heads about whether [the immigration issue] could be resolved. Thankfully, now it has been, Marszalkowski said.
Marszalkowski said he won the case by zeroing in on the language of the states domestic-relations law.
The statute reads that a marriage is incestuous and void whether the relatives are legitimate or illegitimate between either: 1. An ancestor and a descendant; 2. A brother and sister of either the whole or half blood; 3. An uncle and niece or an aunt and nephew.
Incest is a crime punishable by a $50 to $100 fine and up to six months in jail.
Marszalkowski determined that as a matter of consanguinity, or blood relations, half-uncles and nieces share the same level of genetic ties as first cousins or only one-eighth the same DNA.
It really was the equivalent of cousins marrying, which has been allowed in New York state for well over 100 years, Marszalkowski said.