The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-09-11
JEWISH MARRIAGES.
Unions of UncIes and Nieces-Mar-
ringes of First Cousins.

ringes of First Cousins.
From the American Hebrew
Marriage of uncles TO nIeces are not
allowed in any part of the United States
with a single exception, and that made
TO Jews only. While first cousins may
not intermarry in a number OF States,
/ yet such marriages are usual. and rabbis
OF little and long experience frequently
disregard the law. probably without
/ knowledge Of the serious consequences.
and the same is true of Jews of all con-
ditions and length OF residence.
While the Talmud permitted, nay rec
ommenled. marriages between uncle and
niece Cprobably because of tender So
licitude for the daughter Of ones sister
perhaps widowed such marriage Is
now everywhere prohibited in the United
States, but such marriage may be con-
tracted by Jews in the State Of Rhode
Island. There the prohibition as to mar
riages corresponding TO the Levitical
table of degrees, by statute running back
TO 179S. does not extend to or in any way
affect any marriage which shall be sol
emnized among the Jews within the de-
grees Of affinity or consequently allowed
by their religion.
But the exception really inures only
20 The benefit OF residents. for nonresl-
dents when returning to their domicile
are likely to infict misery on themselves
and innocent offspring for offending the
laws of their own State.
The avuncular marriage has been pro-
hibitted in most States for many years.
but disallowed by statute in some only
during this generation e. e. New York;
This may account for q widespread popu-
lar belief that in some States 1t is still
allowed Generally relatives OF half blood
are on tho same footing as those OF the
whole blood.
Intermarriage Of first cousins Is pro-
hibited in many States and the list Is
| growing The States which now forbid
them are Arizona. Arkansas. Illinois,
Kansas. Louisiana. Michigan. Missouri
Nebraska. New Hampshire. North Da-
kota. Oklahoma. Oregon. Pennsylvania.
South Dakota. and Wyoming. Marriage
is prohibited TO those nearer than first
cousins in North Carolina, Minnesota,
and Wisconsin,; TO those nearer than sec
ond cousins in Indiana, Montana, Nevada.
Ohio. and Washington.
In some countries such marriages are
void; elsewhere and generally they are
merely yoidable. They are either null
and void from the beginning or may be
annuled even when contracted outside
OF the State wherein the contracting
parties have their domicile or residence,
while penalties at homs await those
who go out OF the State or country 10
evade the law. Generally ministers who
perform such marriages expose them
selves to fines and other penalties.
A marriage is said TO be void when
II IS good for no legal purpose, and its
invalidity may be maintained in any
proceeding in any court between any
parties. whether In the lifetime OF or
after the death Of the supposed husband,
whether the question arises directly or
collaterally A marriage Is said 10 be
voidable when the imperfection can be
inquired into only during the lifetime OF
both husband and wife
Until It is set aside Il Is practically
valid; when set aside It is rendered void
from the beginning. so that the danger
to marital happiness, tho blight to be
put on the lives OF I'M Ocent offspring, is
so serious that some consanguineous mar
riages are fines 20 the parties as well as
10 the minister.
Nor can one escape the letter and vio-
late The spirit OF the Jaw by proceeding
10 another country or State where such
marriages are legal. This IS also pro-
hibited by statute and regularly by the
/ decisions Federal decision not re-
versed makes the marriage OF uncle and
niece legally celebrated in a foreign
country illegal here. despite the comfy
usually existing between countries in
this respect