Magister ([info]discreet_chaos) wrote,
@ 2007-08-09 02:55:00
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Entry tags:law, sociology, useless information

From the Massachusetts General Statutes

Chapter 207: Section 1. Marriage of man to certain relatives

No man shall marry his mother, grandmother, daughter, granddaughter, sister, stepmother, grandfather's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister or mother's sister.


Chapter 207: Section 2. Marriage of woman to certain relatives

No woman shall marry her father, grandfather, son, grandson, brother, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother or mother's brother.


Chapter 207: Section 3. Application of Secs. 1 and 2

The prohibition of the two preceding sections shall continue notwithstanding the dissolution, by death or divorce, of the marriage by which the affinity was created, unless the divorce was granted because such marriage was originally unlawful or void.


At first glance, one might wonder why such an explicit list and why they didn't use common titles like "Aunt" and "Uncle". Though, once you delve beneath the surface and load the lists into a spreadsheet to make sure: You're left asking why a man can marry his son's wife and a woman can marry her husband's father, but a similar union is forbidden, the other way around?

Citation

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[info]tequilaprophet
2007-08-09 03:17 pm UTC (link)
Interesting...

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[info]flainn
2007-08-09 04:45 pm UTC (link)
It sounds, somewhat, like it was lifted from Leviticus (or was that Exodus ... I'm forgetting).

A lot of this seems silly. It should go without saying that bigamy is forbidden, but I don't understand why a person should be prevented by the government from marrying a non-blood relative, if that person chooses to do so. What's the harm? What's the government's interested in preventing this?

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[info]discreet_chaos
2007-08-10 12:00 am UTC (link)
The very next statute outlaws polygamy.

Though, what I found interesting is that I assume (without reading the opinion) these definitions provided part of the basis for the Mass. Supreme Court to find that their law doesn't forbid gay marriage. Glancing through the statutes, I can see the bit which I believe the legislature added to restrict gay unions to only those who will be living in a state that would recognize it, but I find no list similar to the above that would cover these new marriages.

So, quite possibly in Massachusetts, gay people have a less restrictive field.

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[info]greyvorfeed
2007-08-09 08:38 pm UTC (link)
You're left asking why a man can marry his son's wife and a woman can marry her husband's father, but a similar union is forbidden, the other way around?

Seems like this simply conforms to our social double-standard with regards to May/December relationships. It is considered desirable for an older man to marry a young woman, but not desirable for a young man to marry an older woman, all other things being equal.

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[info]artificialpuppy
2007-08-09 08:56 pm UTC (link)
Are all things equal, or is this a matter of economics?

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[info]greyvorfeed
2007-08-09 10:33 pm UTC (link)
Are all things equal, or is this a matter of economics?

Well, if an older man marries a younger woman, he is generally seen to have made a successful or positive choice regardless of which way the cash flows. If a younger man marries an older woman, he is generally seen to have made a successful or positive choice only if the woman is much wealthier or higher in status than he is.

So I would say that economics certainly comes into it, but there's something else (access to reproduction?) going on as well.

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[info]artificialpuppy
2007-08-09 11:28 pm UTC (link)
It is the oldest profession and politics aside, most people have an unbalanced perception of this equation and enough of those "most people" have to agree to pass a law by Democratic means.

As an old man said at the library not so long ago, he has "money in his pockets", while "all you youngens" have credit cards.

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[info]discreet_chaos
2007-08-09 11:40 pm UTC (link)
enough of those "most people" have to agree to pass a law by Democratic means

I would think these laws pre-date women voting or serving in the legislature.

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[info]artificialpuppy
2007-08-17 09:23 pm UTC (link)
I would actually not be so sure of that. Popular mythology aside, women did all kinds of interesting things and wound up heading all kinds of interesting households,long before laws were written explicitly granting permissions, while other people didn't, even after such laws were created for their benefit.

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[info]discreet_chaos
2007-08-09 11:50 pm UTC (link)
As we approached the recent tax holiday for school supplies, a few of the local news outlets made mention of the fact that wedding dresses and lingerie were included on the list.

I saw one woman try to justify the wedding dress because it could be used in a school play, while I'd say to anyone that would listen that it was probably included because a legislator had just bought a wedding gown for his daughter, or had been pricing them prior to passing the statute.

Of course, the reasoning for the lingerie could go without saying, but if I were to guess, I'd say that the older man/younger woman thing may have been stricken from the original proposal because it would've outlawed a union enjoyed by one of the guys making the law. As for why the reverse stayed in the law, I don't have a clue unless it was just a product of having no female legislators at the time (or one wickedly pissed former son-in-law seeking revenge).

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