A New York parent who wants to marry their adult biological child is suing to overturn laws banning incest, saying marriage is a matter of ‘individual autonomy’.
The parent filed the lawsuit in Manhattan federal court on April 1 asking a judge to declare incest laws ‘unconstitutional’ and unenforceable so that they can wed their offspring in a ceremony in New York City.
The identities of both the parent and the child are not known, with the gender, ages, hometowns and nature of their relationship not detailed in the suit, seen by the New York Post.
The suit says the parent wishes to remain anonymous because they recognize that their hope of marrying their child is ‘an action that a large segment of society views as morally, socially and biologically repugnant.’
‘The proposed spouses are adults. The proposed spouses are biological parent and child,’ the suit reads.
‘The proposed spouses are unable to procreate together.’
According to the suit, the parent and child regard themselves as a ‘PAACNP’ couple – ‘Parent and Adult Child Non-Procreationable’ couple – and believe it would ‘diminish their humanity’ if they could not marry one another.
The claimant argues that the ‘enduring bond of marriage’ would take the parent and child union to a ‘greater level of expression, intimacy and spirituality.’
‘Parent-and-adult-child couples for whom procreation is either virtually or literally impossible can aspire to the transcendent purposes of marriage and seek fulfillment in its highest meaning,’ the suit reads.
The parent claims they want to propose to their other half but have not yet done so because they would ‘sustain emotional harm’ if they became engaged when they are legally unable to walk down the aisle.
A lawyer representing the parent did not return the Post’s requests for comment.
Under New York law, incest is a third-degree class E felony, punishable by up to four years in prison.
A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person they are knowingly related to such as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece, according to the New York State Senate.
Incestuous marriages are not recognized by the state and couples who do marry face up to six months behind bars and a fine.
To apply for a marriage license in New York City, the two would-be spouses are required to detail the name and country of birth of their parents and swear that there are no legal impediments to the marriage.
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Source: Daily Mail