Gabriel Cheong's info:

Name:
Gabriel Cheong, Esq.

Firm:
Infinity Law Group LLC

Website:
http://www.infinlaw.com

Massachusetts Divorce Lawyer Blog

Gay Marriage and Incest

September 3rd, 2009

Since Vermont recently allowed same-sex couples to marry, I thought I’d post about a weird quirk in Massachusetts marriage laws that I had been wondering about for a while.

Chapter 207, Section 1 prohibits a man from marrying certain relatives.  Chapter 207, Section 2 prohibits a woman from marrying certain of her relatives.  These laws basically outlines the prohibition against incest, marrying within certain consanguinity or affinity.

However, if you notice, it prohibits a man from marrying only female family of certain consanguinity.  It also prohibits women from marrying only male family of certain consanguinity.  So does that mean a gay man can legally marry his nephew or grandson?  Or a lesbian woman can marry her niece or granddaughter?

Maybe I’m missing something and if I am, please comment and enlighten me.  I’m also not saying I found a loophole.  Please don’t go off marrying your grandchildren.  I will not be held responsible.

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3 Responses to “Gay Marriage and Incest”

  1. comment number 1 by: Frank Kautz

    Hi Gabriel,

    You are just fishing for comments, right?

    If I remember, there is yet another quirk in the law. I have not looked at it in a while, but if I am correct, there is no prohibition against a person having a spouse of either gender?

    Frank

  2. comment number 2 by: georges daudelin

    u can help me about divorce???how much the cost?

  3. comment number 3 by: David

    I’m interested in this issue as it relates to some research I am doing. Does anyone know if there have been cases of gay relationships being prosecuted for being incestous? Does the concept of gay incest even feature in any state or countries statute book as an offence? Have lawmakers perhaps found it too inconceivable a prospect to even consider making laws against, in the way that lesbianism was never outlawed in Vctorian Britain? Any info anyone has would be most greatly received.

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