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Sibling Marriage
Introduction
As per the United States, Supreme Court sibling marriage is illegal as it involves genetic harm with the production of a genetically deformed child. The reason behind this law is that the children of that sibling will be at a higher risk. It is immoral in nature as it is concerned to the emotions of the conceived child that the siblings give birth. These arguments as valid about sibling marriages. The proponents of same-sex marriage support this view.
Historical Perspective
Sibling marriage was practiced in ancient societies like that Roman-Egypt and some parts of the African tribes. The practice might be found in the isolated societies in a few cases but this was open to the upper segment of the society.
The US Constitution on Sibling Marriage
The US constitution, according to the fourteenth amendment that ratified in 1968 gives freedom and choice to marry any person from another race. An individual can bring up children and establish a home. The right to marry has long been among the personal privileges of an individual. Moreover, the constitution guarantees the right to ‘privacy’ but it encircled by different misleading approaches ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4VCJmtsN","properties":{"formattedCitation":"(Bratt)","plainCitation":"(Bratt)","noteIndex":0},"citationItems":[{"id":332,"uris":["http://zotero.org/users/local/orkqtrjP/items/96BLEXX2"],"uri":["http://zotero.org/users/local/orkqtrjP/items/96BLEXX2"],"itemData":{"id":332,"type":"article-journal","title":"Incest Statutes and the Fundamental Right of Marriage: Is Oedipus Free to Marry?","container-title":"Law Faculty Scholarly Articles","URL":"https://uknowledge.uky.edu/law_facpub/96","shortTitle":"Incest Statutes and the Fundamental Right of Marriage","author":[{"family":"Bratt","given":"Carolyn"}],"issued":{"date-parts":[["1984",1,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bratt). While the right of choice of marriage is at the heart of the right of privacy ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Tz1keuiu","properties":{"formattedCitation":"(Moore v)","plainCitation":"(Moore v)","noteIndex":0},"citationItems":[{"id":334,"uris":["http://zotero.org/users/local/orkqtrjP/items/AR7TVDQX"],"uri":["http://zotero.org/users/local/orkqtrjP/items/AR7TVDQX"],"itemData":{"id":334,"type":"webpage","title":"Moore v. City of East Cleveland, 431 U.S. 494 (1977)","container-title":"Justia Law","abstract":"Zoning ordinances cannot restrict members of a traditional family from living together.","URL":"https://supreme.justia.com/cases/federal/us/431/494/","language":"en","author":[{"literal":"Moore v"}],"accessed":{"date-parts":[["2019",4,6]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Moore v). Moreover, the court views the right to marrying older than the fundamental rights. Because the right to marry has similarity with an individual's choices that fall within the constitutionally protected areas.
Strengths of the Argument
Sibling marriage would possibly bring a radical shift in the moral and cultural system of the country. Moreover, Sibling marriage is widely denounced in the country and around the world. In addition, sibling marriage is immoral as it damages and undermines the family relationship. While the conceived child will have psychological implication as the society has already denounced the culture of sibling marriage unless it is altered by society in various ways.
Countries Allow Sibling Marriage
There is no country in the west and around the world that allow sibling marriage. Sweden, however, is the only European country that allows ‘half-sibling marriage'. It is only after someone receives counseling on sibling marriage. Moreover, the siblings will not be permitted to produce a child.
Weaknesses of the Argument
The weaknesses of the argument are that Sibling Marriage combines ‘Consensual Sex' with ‘Sibling Marriage', ‘Adultery', and ‘Polygamy' as discussed by Senator Rick Santorum during an interview in 2003:
“If the Supreme Court states that you have a right to consensual sex inside your home, then you also have the right to incest, you the right to bigamy, you have the right to polygamy, and you have the right to adultery and you have the right to everything.”
Another justification for the sibling marriage is that it may be necessary and permissible for the protection of children and family units from the harms caused by sibling marriage. The description of the modern family is very much broad. While remarriage and divorce are common in today's societies. The adults are more prone to this. In addition, there exist an increased number of family units and structures. Moreover, a combination of such units results in a sibling marriage. In addition, the primary purpose of those units is to maintain peace and stability. The sibling marriages are either too broad or too narrow for protecting family units. Therefore, there come impediments because of the earlier defined laws. Currently, after the wave of LGBT, the society conflates Sibling Marriage with LGBT. However, there is a difference between the two approaches.
The Religious Argument
The religious beliefs have significant criticism of the sibling marriage by characterizing it coterminous and immoral. Religion, however, constitutes the understanding of sibling marriage. The marriage laws in the US are particularly shaped by the religious beliefs of Christianity and Judaism. Marriage, however, in Europe was initially a religious concern. It US law largely derived European history. The Church law and the Canon law defined the incestuous relationships in which marriage was prohibited. The Canon laws were not static while the Church laws were expanded to a great extent. Because marriage was viewed as a union between husband and wife relationship.
The Genetics Argument
There exist genetically deformed conception of the above argument. Certainly, as it applies to a very narrow range of sibling marriage such as vaginal intercourse between the two opposite and fertile partners without adequate contraception. While sibling marriage is much broader in scope and requires comprehensive arguments.
The common argument among the people is that sibling marriage increases the potential for genetic diseases by three percent ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"TtDOgNBu","properties":{"formattedCitation":"(Bennett et al.)","plainCitation":"(Bennett et al.)","noteIndex":0},"citationItems":[{"id":327,"uris":["http://zotero.org/users/local/orkqtrjP/items/28UJK4NM"],"uri":["http://zotero.org/users/local/orkqtrjP/items/28UJK4NM"],"itemData":{"id":327,"type":"article-journal","title":"Genetic Counseling and Screening of Consanguineous Couples and Their Offspring: Recommendations of the National Society of Genetic Counselors","container-title":"Journal of Genetic Counseling","page":"97-119","volume":"11","issue":"2","source":"PubMed","abstract":"The objective of this document is to provide recommendations for genetic counseling and screening for consanguineous couples (related as second cousins or closer) and their offspring with the goals of1. providing preconception reproductive options2. improving pregnancy outcome and identifying reproductive choices3. reducing morbidity and mortality in the 1st years of life, and4. respecting psychosocial and multicultural issues.The recommendations are the opinions of a multicenter working group (the Consanguinity Working Group (CWG)) with expertise in genetic counseling, medical genetics, biochemical genetics, genetic epidemiology, pediatrics, perinatology, and public health genetics, which was convened by the National Society of Genetic Counselors (NSGC). The consensus of the CWG and NSGC reviewers is that beyond a thorough medical family history with follow-up of significant findings, no additional preconception screening is recommended for consanguineous couples. Consanguineous couples should be offered similar genetic screening as suggested for any couple of their ethnic group. During pregnancy, consanguineous couples should be offered maternal-fetal serum marker screening and high-resolution fetal ultrasonography. Newborns should be screened for impaired hearing and detection of treatable inborn errors of metabolism. These recommendations should not be construed as dictating an exclusive course of management, nor does use of such recommendations guarantee a particular outcome. The professional judgment of a health care provider, familiar with the facts and circumstances of a specific case, will always supersede these recommendations.","DOI":"10.1023/A:1014593404915","ISSN":"1059-7700","note":"PMID: 26141656","shortTitle":"Genetic Counseling and Screening of Consanguineous Couples and Their Offspring","journalAbbreviation":"J Genet Couns","language":"eng","author":[{"family":"Bennett","given":"Robin L."},{"family":"Motulsky","given":"Arno G."},{"family":"Bittles","given":"Alan"},{"family":"Hudgins","given":"Louanne"},{"family":"Uhrich","given":"Stefanie"},{"family":"Doyle","given":"Debra Lochner"},{"family":"Silvey","given":"Kerry"},{"family":"Scott","given":"C. Ronald"},{"family":"Cheng","given":"Edith"},{"family":"McGillivray","given":"Barbara"},{"family":"Steiner","given":"Robert D."},{"family":"Olson","given":"Debra"}],"issued":{"date-parts":[["2002",4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bennett et al.). This view may not be significant because it involves probability and harm to the siblings. In the case of sibling marriage, small harm will be considered a potential level of harm. In this regard, gene therapy has intensely decreased the dangers of a congenital disease that arise in the fetus. For that, prenatal screening enables doctors to examine various diseases in amniotic fluid and blood.
The Family Argument
The family Argument has wider application than the previous arguments. The Family argument describes that sibling marriage has broader social and moral implications. It has three elements: undermines the family, a family becomes an emotional center, and emotional centers are immoral to be undermined.
To counter the above-discussed arguments. First, in societies where siblings’ marriages are neglected and viewed consistent, they begin to date for producing younger such as in the case of Adam and Beth. They, after marriage came to know that they are siblings. Now they have two choices, either to get divorced or continue their relationship. Second, society draws a severe line between other relationships and family relationships. But it will be proved difficult. In the contemporary family arrangements, the drawn will be in trouble for stepsiblings, in-laws and other such kinds of people. However, there are numerous kinds of relationships based on blood and others are based on love – the non-blood relationship. For example, the sibling relationship has been perceived that it will put the family in jeopardize. Lastly, one can easily challenge both sibling and non-sibling relationship with differences in kind and degree. For example, Darwinism views that the humans and the chimpanzees are different in degree but the same in kind.
The General Prevention of Sibling Marriage
Sibling marriage is both artificial and natural in its preventions. It worries from society to society and from time to time. But it is viewed as artificial as one can easily justify his claim that adult-minor sex is also prohibited. People, after all, understand that there exists a grey area when marrying an adult-minor child. However, he may be more adult, but in the case of law he has to provide some evidence.
Conclusion
There is a great overgeneralization of sibling marriage in contemporary societies. On the other hand, society accepts and unrelated people with a robust emotional relationship. Therefore, there could possibly be no reason to distinguish between the two kinds of relationships. There is a categorization of the relationships such as friends, colleagues, roommates and family members. In addition, the sibling relationship habitually turns out critically as such harms result in ostracism, guilt, and shame. However, there are no ethics entirely for sex.
Bibliography
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Bennett, Robin L., et al. “Genetic Counseling and Screening of Consanguineous Couples and Their Offspring: Recommendations of the National Society of Genetic Counselors.” Journal of Genetic Counseling, vol. 11, no. 2, Apr. 2002, pp. 97–119. PubMed, doi: 10.1023/A: 1014593404915.
Bratt, Carolyn. “Incest Statutes and the Fundamental Right of Marriage: Is Oedipus Free to Marry?” Law Faculty Scholarly Articles, Jan. 1984, https://uknowledge.uky.edu/law_facpub/96.
Moore v. "Moore v. The city of East Cleveland, 431 U.S. 494 (1977)." Justia Law, https://supreme.justia.com/cases/federal/us/431/494/. Accessed 6 Apr. 2019.
