A Short Answer Example. Legal Research Final Answer A-Type. THE ASSIGNMENT. THE ASSIGNMENT. Can a woman marry her first cousin in New York ?. What are the key terms here ?. Can a woman marry her first cousin in New York ? woman marry first cousin New York. Eliminate Unnecessary Terms.
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Legal Research Final Answer A-Type
The State asserts an interest in maintaining uniformity with the marriage laws of other states. But our marriage laws currently are not uniform with those of other states. For example, New York—unlike most other states in the nation—permits first cousins to marry ( see Domestic Relations Law § 5). This disparity has caused no trouble, however, because well-settled principles of comity resolve any conflicts. The same well-settled principles of comity would resolve any conflicts arising from any disparity involving the recognition of same-sex marriages.
It is, additionally, already impossible to maintain uniformity among all the states, inasmuch as Massachusetts has now legalized same-sex marriage. Indeed, of the seven jurisdictions that border New York State, only Pennsylvania currently *396 affords no legal status to same-sex relationships.
… jurisdictions that border New York State, only Pennsylvania currently *396 affords no legal status to same-sex relationships.
“§ 5. Incestuous and void marriages”
A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either:
Can a woman marry her first cousin in New York?
A woman can marry her first cousin in New York. New York to be incestuous and therefore void (Domestic Relations Law § 5). They are marriage between:
1. An ancestor and a descendant;
2. A brother and sister of either the whole or the half blood;
3. An uncle and niece or an aunt and nephew.
Since marriages between cousin is not prohibited under this law, they are allowed (seeHernandez v Robles, 7 NY3d 338, 395 ). Therefore, a woman can marry her first cousin in New York.
First, I analyzed the question and came up with the following query:
Marr! /s “first cousin”
I chose “New York State Cases”
The fifth case was Hernandez. In Hernandez, it contained a cite to Domestic Relations Law § 5.
I used the hyperlink and went to the statute.