Lawful incestuous marriage - how does this law not violate the 1st Amendment?

Delta4Embassy

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Dec 12, 2013
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Reading about other things, an article referenced Rhode Island's exemption of Jews for otherwise prohibited incetuous marriages like with uncle-niece which Torah allows. Going to the state's website I see this:


TITLE 15
Domestic Relations
CHAPTER 15-1
Persons Eligible to Marry
SECTION 15-1-4

§ 15-1-4 Marriages of kindred allowed by Jewish religion. – The provisions of §§ 15-1-2 and 15-1-3 shall not extend to, or in any way affect, any marriage which shall be solemnized among the Jewish people, within the degrees of affinity or consanguinity allowed by their religion.

History of Section.
(G.L. 1896, ch. 191, § 4; G.L. 1909, ch. 243, § 4; G.L. 1923, ch. 287, § 4; G.L. 1938, ch. 415, § 4; G.L. 1956, § 5-1-4; P.L. 2013, ch. 4, § 1; P.L. 2013, ch. 5, § 1.)

15-1-4


I don't think I've ever seen such an overt reference to a religion in secular law. And though Jewish myself and thus don't deny the Scriptural basis, seeing it in civil law is somewhat disturbing.

According to the 1st Amendment,

"Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
First Amendment | LII / Legal Information Institute

Shouldn't exist, but there it is. A US government establishing respect for a specific religion and religious practices. /boggle
 
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