Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-07-04
JEWISH N IS.
Unions of UncIes and Nieees-First
Cousins,


Marriages of uncles to nieces are not
allowed in any part Of the United
States with a single exception, and
that made to Jews only, says the
American Hebrew. While first cou-
sins may not intermarry in a number
of states, yet such marriages are usu-
al, end rabbis of little and long expe-
lepce frequently disregard the law,
prooaDIy without knowledge OF the
serI ous consequences and the same Is
true OF Jews or all conditions and
Iengtn OF residence.
Wnlle the TaImud permitted, nay
recommended, marriages between un-
Gle and niece (proDaDly because OF
tender soncitude Tor the daughter or
ones sister perhaps wldowedJ such a
marriage Is now everywhere prohibit
eu III the Cnlted states, Dut such a
marriage may be contracted by Jews
III the state OF Rhode Island. There
lne pronID.lon as to marriages corre-
sponulng TO the Levitlcal table OF de-
greeS, Ly statute running back to 1898
uoes not extend TO or IN any way arrect
any marriage which shall be solemniz-
eu among the Jews within the degrees
OIL amnlIy or consanguinity allowed by
tnelr religion.
but the exception really inures only
TO the benefit of residents, for nom
residents wnen returning to their DOM
lclle are IikeIy to inf1lct misery on
themselves ana innocent offspring for
onendlng the laws of their own states.
The avuncular marriage has been
prohibited in most states for many
years, but disaIlowed by statute in
some only during this generation (e. e.,
New York; This may account for q
Widespread popular belief that in some
states II Is still allowed. Generally rela-
tives OF half blood are on the same
footing as those of the whole blood.
Intermarriage Of first cousins Is
prohibited in many states and the list
IS growing. The states which now
torpld them are Arizona, Arkansas,
Illinois, Kansas, Louisiana, Michigan,
Missouri, Nebraska, New Hampshire,
North Dakota, Oklahoma, Oregon,
pennsylvania, South Dakota and Wy
oming. Marriage Is prohibited to
those nearer than first cousins In
North Carolina, Minnesota and Wis
consin, to those nearer than second
cousins in Indiana, Montana, Nevada,
Ohio and Washington.
In some countries such marriages
are void; elsewhere and generally
they are merely voidable. They are
either null and void from the begin
ming or may be annulled even when
contracted outside Of the state where
in The contracting parties have their
domicile or residence, while penalties
at home await those who go out Of
the state or country to evade the law.
Generally ministers who perform such
marriages expose themselves to fines
and other penalties.
A marriage Is said to be void when
it is good for no legal purpose, and Its
invalidily may be maintained In any
proceeding in any court between any
parties, whether in the lifetime Of or
after the death Of the supposed hus-
band, whether the question arises di-
rectly or collaterally. A marriage is
said to be voidable when the imper-
fection can be inquired into only dur
ing the lifetime of both husband and
wife.
Until 1t Is set aside 1t Is practically
valid; when set aside 1t is rendered
void from the beginning. So that the
danger to marital happiness, the
blight to be put on the lives Of inno-
cent offspring, Is so serious that these
constanguineous marriages are fines to
the parties as we'll as to the minister.
Nor can one escape the letter and
violate the spirit Of the law by pro-
ceeding to another country or state
where such marriages are legal. This
is also prohibited by statute and reg
ularly by the decisions. A Federal
decision not reversed makes the mar
riage of uncle and niece legally cell
ebrated in a foreign country illegal
here, despite the comfy usually ex-
listing between countries In this re-
Spect