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See infra Section II.B.1. Some scholars claim their findings prove marriage between cousins increases the survival of children. c sn. Rather than demonstrating contempt for states traditional regulatory hand in marriage,282See supra Section I.C.4. 2020).. States will frequently use the language of incest in their marriage regulations, defining who may marry by reference to who may have sex.50Id. . tit. These aspects of marriage applied to same-sex couples no less than they applied to heterosexual couples, and as such the former could not be barred from exercising their fundamental right.119Id. Theo inimical to the dominant group to wither and disappear); id. Is it legal for a first cousin to get married? However, first cousins once-removed are allowed to wed in the state. at 38283 (We do not decide that access for all individuals to the courts is a right that is, in all circumstances, guaranteed by [due process]. The dynamic of our constitutional system is that individuals need not await legislative action before asserting a fundamental right.). How can someone have the urge to marry their sibling? However, many cultures promote marriage between cousins, for various reasons. 1983 Code c.1091, 2; Ottenheimer, supra note 19, at 90; see also Cathy Caridi, Can Cousins Marry in the Church?, Canon L. Made Easy (Sept. 9, 2010), http://canonlawmadeeasy.com/2010/09/09/can-cousins-marry-in-the-church [https://perma.cc/8GV4-37WK]. Part IV will address two counterarguments: the first based on principles of federalism, the second rooted in the fear of the slippery slope. Emily Dickinson once said, The heart wants what it wants, or else it does not care.. Further, if the concern is to weaken intrafamily bonds in favor of interfamily mixing, first-cousin cohabitation must also be prohibited, yet it is largely permitted.264See supra Sections I.B.1I.B.2. 576 U.S. at 65354. Stat. L. Rev. 2. 20-2-101 (West 2021). New Jersey allows first cousins, first cousins once-removed, half-cousins and cousins through adoption to marry, cohabitate and have sexual relations. It has emphasized the fundamental quality of the right, clearly grounding it in the Due Process Clause of the Fourteenth Amendment.67Grossman & Friedman, supra note 51, at 3839; see also Metteer, supra note 18, at 26567. Can you marry your cousin? Science says | Popular Science The risk for congenital defects in the offspring of first cousins was approximately three percent above the population background risk.198Id.