First cousins once-removed, half-cousins and cousins through adoption are also afforded the same permissions. Even though cousin marriages have been a tradition in royal families, high profile business conglomerates, and huge landlords, the highest percentages of consanguinity have been found in the rural population whose basic health status is often extremely poor. third cousin: the children of your parents second cousins are your third cousins, North Carolina (only first cousin marriage is legal, double cousin marriage is not), Arizona: if both parties are more than 65 years old or one of them is infertile, Illinois: If both parties are more than 50 years old, or one of them is infertile, Indiana: If both have a minimum age of 65, Maine: If couple gets a physicians approval and a certificate of genetic counseling, Utah: If both parties are more than 65, or if both are 55 or older and one cannot reproduce, Wisconsin: If the woman is older than 55, or one of them cannot reproduce. Tree Mag., https://www.familytreemagazine.com/dna/how-to-use-shared-dna-to-determine-relationships [https://perma.cc/ZSJ7-9W7J]. These diseases can be caused by an allele that hides the dominant gene. Code Ann. Theo rather, the inheritance of two identical mutations of the same gene causes disease, abnormality, or defect in offspring.192See Bittles, Consanguinity, supra note 24, at 9195; accord Bratt, supra note 17, at 26781. Code Ann. . In Louisiana, first cousins cannot marry, but they can cohabitate or have sexual relations. Please note that the quoted language here, as well as in other citations using older sources found in this Article, may be offensive to modern readers. . WebFirst cousins once-removed are allowed to marry, but half-cousins are not allowed to be wed. Cousins through adoption can marry only if they have written judicial approval. Meyer v. Nebraska, 262 U.S. 390, 399 (1923) (Without doubt, [liberty] denotes not merely freedom from bodily restraint but also the right of the individual. The Supreme Court of Kansas, in Estate of Loughmiller, recognized a first-cousin marriage legally solemnized in a foreign jurisdiction despite the states cousin ban.204629 P.2d at 15760. Whether a statute declares cousin marriage void or incestuous and void has serious consequences because the specific language influences jurisdictional approaches whether to recognize cousin marriages legally solemnized abroad. Utah does offer an exception to its bar on marriage for first-cousin couples who reach a statutory age of sixty-five, or who are at least fifty-five and can prove one partners infertility to a district courts satisfaction.7The statute provides: First cousins may marry under the following circumstances: (a) both parties are 65 years of age or older; or (b) if both parties are 55 years of age or older, upon a finding by the district court. . It must be mentioned here that the Court permitted a states compulsory sterilization scheme for persons with mental illness in the notorious Buck v. Bell, 274 U.S. 200 (1927). However, there still are a couple of recent examples where couples chose to tie the knot within their own familial bloodlines, thus keeping it within the family tree. (Mar. min khc.. Ann. [Petitioners] ask for equal dignity in the eyes of the law.). as a protected activity whose Constitutional shelter is the Fourteenth Amendment, rather than simply a permitted activity). 2d 731 (La. As per Canadian laws, if children in a marriage are under 18 years old and have been lawfully adopted by their parents, marriage between cousins is prohibited but not illegal. The very idea is repulsive to the notions of privacy surrounding the marriage relationship.). These studies show that cousin marriage increases economic stability by retaining property within the family and strengthens emotional ties across branches of the extended family. Society would not accept siblings marrying each other due to genetic reasons as well the conventional thinking. inimical to the dominant group to wither and disappear); id. Is it legal for a first cousin to get married? * Law Clerk, Baker Botts LLP. .); The regulation under review specified that certain secondary benefits under the Social Security Act received by a disabled dependent would terminate upon the dependents marriage to an individual not entitled to those benefits. Morally and spiritually, there may be people against this marriage. Zablocki v. Redhail, 434 U.S. 374, 388 (1978) (When a statutory classification significantly interferes with the exercise of a fundamental right, it cannot be upheld unless it is supported by sufficiently important state interests and is closely tailored to effectuate only those interests.); Turner v. Safley, 482 U.S. 78, 9798 (1987) (overturning a regulation that represents an exaggerated response to legitimate concerns where [t]here are obvious, easy alternatives). 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. The justifications undergirding the cousin bans are extremely weak on their merits,237See supra Sections II.B.1II.B.3. Critically, studies of consanguineous-born children have often failed to account for the effects of socioeconomic variables on infant health, mortality, and childhood disease. The American Medical Association has said that "there is no evidence of medical harm from first-cousin marriages" and that "allowing such marriages would not be detrimental to public health." On the other hand, there are many cases of historical figures who had descendants in consanguineous marriages; like Charles Darwin, married to his cousin, Thomas Jefferson, Roosevelt Thus, the experts assure us that two primary cousins inherit approximately an average of 25% of the genetic material from each parent, so they share an average of 12.5% of their genome, compared to 50% shared by two brothers. 381 (2016) (arguing Justice Kennedy hinged Obergefell almost entirely on due process rather than equal protection). Cf. 01-1647-A). . But what happens when it doesnt understand blood? Geneticists believe that individuals should not be married to close relatives (second cousins or closer), because such marriages would increase the risk of passing on defective genes. .). Like in Oklahoma, first cousins in Oregon cannot marry, but can live together and have sexual relations. Marriage between first cousins, also called consanguineous marriage, is not uncommon in Canada. . First cousins once-removed and half-cousins are allowed to marry. It will show that the states must prove the bans are closely tailored means toward accomplishing substantial or compelling interests.147See infra Sections II.BII.C. Ann. Loving v. Virginia, 388 U.S. 1, 1112 (1967). validation of laws based on moral choices.); see generally Courtney Megan Cahill, Same-Sex Marriage, Slippery Slope Rhetoric, and the Politics of Disgust: A Critical Perspective on Contemporary Family Discourse and the Incest Taboo, 99 Nw. In countries like Russia, China, and Japan, having sexual relationships with family members is valid but some restrictions are owing to marriage between family members. [Bittles] is the leading international authority within the field). This Article will not rehash the discussion over the constitutionality of statutes governing intimacy between relatives writ large.17That question has already been taken up by a host of law review articles and student notes. . Developing any kind of intimate relationship with your siblings is not safe. Beginning in Loving, continuing in Zablocki, and pushing forward in Obergefell, the Court expressed that the right to marry inherently includes the freedom to follow ones personal path in exercising it.101Loving v. Virginia, 388 U.S. 1, 12 (1967) (The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.); Goodridge v. Dept of Pub. Meanwhile, Texas will not conduct a marriage between first cousins but does not void those conducted legally elsewhere; yet, the State does criminalize sexual intercourse between first cousins.59Tex. In Florida, marrying your blood relative or indulging in sexual relationships with them is a punishable crime. So what happens when what the heart wants is generally considered taboo? 5, 2018), https://www.pewresearch.org/fact-tank/2018/04/05/a-record-64-million-americans-live-in-multigenerational-households [https://perma.cc/QBZ7-ABWH] (noting the rise of two adult generation households, i.e., parents living with their adult children, not a rise in multiple lines of extended family living under one roof). 5/212 (West 2021); Ind. Only 21 states in America allow first cousins to be married legally. 31-11-8-3 (first cousins may not marry unless both partners are over sixty-five); Utah Code Ann. The cousin bans are classification schemes that intentionally circumscribe the individuals freedom to choose who to marry based on a discrete characteristic,149An effective analysis of the unconstitutionality of a classification scheme proceeds as follows: (i) find a legal regime defined by traits that are irrelevant, in that the trait provides no basis to deny full rights of citizenship, and (ii) explain that persons in that class have been subject to systematic, irrational discrimination based on belonging to that identity group. . which is bound up with the right to marry.186See supra Section I.C.3 for discussion of the scope of the right to marry interpreted to embody a broad spectrum of activities and interests, with the right to procreation the most basic and direct of them all. WebLegally, yes, you can marry your adopted cousin, since you two are not blood-related. 2063 (2017); Y. Carson Zhou, The Incest Horrible: Delimiting the Lawrence v. Texas Right to Sexual Autonomy, 23 Mich. J. The condition is called consanguinity, and it states that they cannot be closely related by blood or born within one year of each other. Khi cha c website, tn min c th c s dng chuyn The Court found insufficient empirical evidence to support the regulation and chastised the state for playing with eugenics.188Skinner, 316 U.S. at 54142 (majority opinion) (warning the sterilization scheme threatened to cause races or types. for Biomedical Commcns et al., Help Me Understand Genetics: Inheriting Genetic Conditions 2022 (2016), https://www.medschool.lsuhsc.edu/lungcancer/docs/Help%20me%20understand%20genetics_ingeriting%20genetic%20conditions_genetics%20home%20reference_booklet.pdf [https://perma.cc/H45Z-8Q6X]. 2002). at 6166, 8991. Id. Some of these classifications were based on conditions genetic and hereditable, others on conditions contracted and treatable. Obergefell further detached the right to marry from procreation.116Obergefell v. Hodges, 576 U.S. 644, 66468 (2015). Code Ann. Ann. Marriages between relatives occurred strongly during a period that goes more or less between 1760 and the entire 19th century, both in the countryside (mostly) and in the city (to a lesser degree). 564, 578 (Pa. Super. Even though cousins are also your blood relatives, they are not that closely related to you. Some countries and states also permit the marriage of adopted siblings. WebIt is illegal to marry your first cousin in eight states: Alabama, Arkansas, Idaho, Indiana, Michigan, Montana, North Carolina, and West Virginia. See, e.g., Andrew J. Pecoraro, Note, Exploring the Boundaries of Obergefell, 58 Wm. . 402.010(1) (West 2021); La. A first cousin is a relative that shares a common set of grandparents. Whenever we hear this, we become reluctant and negligent about how it could be possible. Researchers have certainly ascertained these relationships continue to occur,42See Ottenheimer, supra note 19, at 5859; see also Paul & Spencer, supra note 25, at 262729. Half-cousins and cousins through adoption are allowed to marry in the state. . 260 (1993); see also Bittles, Consanguinity, supra note 24, at 9195; Bennett et al., supra note 13, at 11415. Others posit the unions are more frequent but underreported.41The stigma attached to the practice may be responsible for such underreporting. The Court applied an equal protection analysis even though noncustodial parents are not a canonically protected identity because an identity-based classification had been used to attack a fundamental right.86Id. It is not very common in other parts of the world. . Thus, these studies showed that the health risks of cousin marriages were heavily exaggerated. 166 P. 953, 954 (Or. Id. Ann. Ottenheimer, supra note 19, at 17, 4655 (attributing the bans in part to the emerging focus on ideal breeding and superiority by biology, and suggesting that incest laws that emerged prior to genetic scientific advancements cannot be justified on a contemporary bio-genetic understanding); see McDonnell, supra note 17, at 352 (arguing the problems of the genetic justification). In 19 states (green), first cousins are permitted to wed. However, Georgia does not permit marriages between blood relatives like mother and son, father and daughter, brother and sisters who have the same set of biological parents, and so on. Genetic Counseling 97 (2002). States enjoy broad authority in regulating marriage.294Supra Section I.C.4. The Obergefell decision emphasized that the principal aim of the American political structure was to ensure no arm of government could deprive individuals of the rights the system was created to protect.129Id. For over one hundred years, the Supreme Court has articulated some notion of the right to marry as basic and integral to individual liberty.63For discussion at length of the Supreme Courts right to marry jurisprudence, see Lynn D. Wardle, Loving v. Virginia and the Constitutional Right to Marry, 1790-1990, 41 How. at 674 (These classifications denied the equal dignity of men and women.). Mariam Alizade. In order to fully understand what cousin marriages are you must first understand what a cousin is and what relation do you have with your cousin in the family tree. First cousins once-removed, half-cousins and cousins through adoption are also allowed to marry. 7, 2019, 9:04 PM), https://www.sltrib.com/news/politics/2019/03/07/two-first-cousins-love [https://perma.cc/6HU4-HJK6] (reporting that, at the time of marriage, Peang and Lee were thirty-eight and thirty-seven, respectively). In most countries, yes it is illegal to sleep with your cousin, parent, grandparent, sibling. Ann. 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]. first cousins are a unique class.21See infra Section I.B. For criticism of Obergefells adoption of this approach, see generally Charles Adside III, Constitutional Damage Control: Same-Sex Marriage, Smiths Hybrid Rights Doctrine, and Protecting the Preacher Man After Obergefell, 27 Geo. 30-1-1(2); Wis. Stat. How Common Are Cousin Marriages in Canada? 2002). Trust and above all loyalty to her own family prevails in these cases. This Section will demonstrate that by placing direct prohibitions or severe limitations on the liberty of a particular identity group to exercise this fundamental right, the bans trigger a heightened, stringent form of scrutiny.146See infra Section II.A. Dont go over yours. Fam. Instead, you could have a religious leader perform a ceremony where he or she signs a document stating that you are married. See generally Marvin M. Moore, A Defense of First-Cousin Marriage, 10 Clev.-Marshall L. Rev. In State v. Couvillion, the Supreme Court of Louisiana relied on the fact that first cousins share a remote relationship, unlike nuclear relatives, in upholding a marriage despite a cousin ban.21542 So. Rev. Double first cousins have both sets of grandparents in common, and can occur when siblings marry into the same family, such as a pair of brothers marrying a pair of sisters. See supra Section II.B.3. By the turn of the last century, most laws restricting marriage based on supposed health concerns had been repealed. Maybe no, this happens in the rarest of rarest cases. (The general rule with regard to the recognition of marriages solemnized elsewhere is that if the marriage is valid where contracted, it is valid everywhere.); accord Mazzolini, 155 N.E.2d at 208 (The policy of the law is to sustain marriages, where they are not incestuous. Relations between near kin likely involve coercion, abuse,210See generally Zhou, supra note 17, at 23941. . Rev. White, The Science of Culture 305 (1949) ([I]nbreeding intensifies the inheritance of traits, good or bad. First-cousin marriage has been the most widely sanctioned and consistently practiced form of consanguineous marriage throughout history and into modernity, emphatically embraced across cultures, religions, and social strata.24Id. The court did leave the door open for the legislature to replace individual choice on non-nuclear consanguineous marriage. In this article, we talked about an adopted cousin relationship, what to do if you find yourself in this type of relationship, and how to talk with your family about it. If not married, sexual relations or cohabitation arenot allowed. L. Rev. Following the introduction of the cousin bans, courts have continued to recognize cousin marriage as innocuous.227See generally Storke, supra note 55, at 49397. . This capsaicin is what gives Takis their unique taste and consistency. 1184, 1202 (2004); Baskin v. Bogan, 766 F.3d 648, 66162 (7th Cir. What must be prevented is that some kind of abuse does not occur. Id. First cousins once-removed are allowed to marry. House Votes to Ban First-Cousin Marriages, Wash. Post (Mar. Remarkable ThingsContinue, Is JCPenney Available in Canada? Stat. Utah allows first cousins to marry only if both parties are 65 or older, or both are 55 or older with a district court finding one or both parties are infertile. Ann. Table of Kindred and Affinity, Book of Common Prayer. Genetics 1171 (2003). WebThe short answer is "no." Scis. If the offspring of a union. Ones race conclusively defined and constrained whom one could marry. sustainable only in light of. . psychological trauma, and social stigmatization, for those in the relationship and their families.211Metteer, supra note 18, at 27478; Richard P. Kluft, Ramifications of Incest, Psychiatric Times (Jan. 12, 2011), https://www.psychiatrictimes.com/sexual-offenses/ramifications-incest [https://perma.cc/M4AC-KEEV] (asserting that sex between relatives often leads to traumatic bonding,. Or in these legal terms, they are first cousins of half blood. 25, 2018, 2:08 PM), https://www.newsday.com/opinion/commentary/dna-testing-genes-ethics-1.18255356 [https://perma.cc/T5HJ-9JD3].yet all those groups present risks of genetic disease in offspring substantially higher than first cousins.249See supra notes 242244 and accompanying text. But see Tribe, supra note 95, at 3032 (criticizing the Obergefell Courts continued elevation of the right to marry above nonmarital relationships). It is the most common type of cousin marriage. Some states have additional restrictions or details regarding their cousin But when the Roman law came into being, marrying family members became a punishable offense and people started questioning it. Marrying your sibling has never been a norm, and will never be. . 1304, 1703 (West 2021); S.D. Penal Code Ann. Second-cousin marriages were once common throughout Europe and North America. No country allowed same-sex couples to marry until the Netherlands did so in 2000.); Obergefell, 576 U.S. at 71819 (Scalia, J., dissenting) (criticizing the majoritys redefinition of an institution as old as government itself, and accepted by every nation in history until 15 years ago (emphasis added)). Code Ann. In simple words, your parents cousin is your cousin once removed. Stat. Western legislation of consanguineous intimacy relies heavily on the Old Testaments Levitical decrees and tabulations by the Anglican Church, both of which sanction first-cousin marriage.27Ottenheimer, supra note 19, at 2022, 7274. 944.06, 765.03 (West 2021). But is blood comparable to other circumstances? 2008) (finding that as first cousins may legally cohabitate, have intimate relations, and even produce children, the state could not claim production of children as the risk it guarded against). . Ann. Ct. App. You should also ask yourself if you want to marry your cousin or not. Turnipseed argues for non-incestuous treatment of romantic partners who adopt one another for inheritance purposes, a separate and distinct legal issue than the one discussed here, but persuasive as both scenarios present flawed genetic, familial, or social justificationsleaving only the ick factor. Id. Code Ann. 122.020, 201.180 (West 2021); N.D. The Maine statute may be the narrowest in scope251The five states that permit marriage where the couple is old or infertile may already be in active violation of the right to privacy. 13-3608, 25-101. The class of first cousins may itself be limited, but the right to marry means very little if it excludes the partner of ones choosing.164See Goodridge v. Dept of Pub. The cousin bans directly and significantly interfere with the right to marry by either absolutely prohibiting or heavily restricting marriage between first cousins.165See generally supra Section I.B.1. of the bans, demanding proof of attending mandatory genetic counseling as the prerequisite to marriage.252Me. Id. One in thirty Ashkenazic Jews carry the recessive gene for Tay-Sachs disease, a devastating fatal nerve disorder in infancy that carries a three- to six-month life expectancy. at 679 (Were the Court to stay its hand to allow slower, case-by-case determination of the required availability of specific public benefits to same-sex couples, it still would deny gays and lesbians many rights and responsibilities intertwined with marriage.). L. Rev. While the racial discrimination itself would have independently called for heightened scrutiny under equal protection separate from the marriage issue,81Id. Baskin v. Bogan, 766 F.3d 648, 66162 (7th Cir. 711. Stat. . populations there is a strong preference for consanguineous unions, most frequently contracted between first cousins. Not uncover the leader in the world, third cousins only link site cousins twice removed from marrying your third cousins. In instances where courts have held first-cousin marriage void, courts were not swayed by a strong public policy weighing against this kind of relationship. Use your conscience and find an answer to what you feel. given their weak justifications.280See supra Section II.B; see also In re Mays Est., 114 N.E.2d 4 (N.Y. 1953) (validating a legally solemnized marriage between an uncle and his half-niece). These states are: The following states are where cousin marriages are completely illegal in: Marrying your cousin is considered to be a taboo in various cultures. to protect society at large from the effects of incest, rather than to protect the individuals involved from the effects of their incestuous liaisons.). and all states with incest statutes criminalize intercourse between parents and children.52McDonnell, supra note 17, at 349. If two people having the same genes have a baby then the baby is likely to develop genetic disorders. The interest in intra-family harmony cannot survive close tailoring, either. This Section will articulate the contours of the right to marry. Id. However, marriage between first cousins is allowed with some restrictions. WebPeople who are above the age of 65 years or 55 years are permitted to marry their cousins. Other states like Arizona and Minnesota also permit marriage between cousins only if they are above the age of 55 years, or in other words when they have lost their fertility. WebFive states allow first cousins to marry if the cousins are of a certain age (50, 55, or 65); four of those states also allow cousin marriages if one cousin is unable to reproduce. . 539 U.S. at 57179 (majority opinion) (Our obligation is to define the liberty of all, not to mandate our own moral code. 19-A, 701(2)(B) (2021). One might argue the cousin bans are not a true marriage-infringing classification scheme as they merely limit the right of cousins to marry each other, the states declaring off-limits only a narrow slice of the general population.162In Keeney v. Heath, the Seventh Circuit suggested the number of persons one is restricted from marrying may bear on a laws constitutionality; the larger the prohibited class of potential partners, the more suspect the law. Id. but it loses its force when applied to cousin-marriages.); see also Grossman, supra note 18 ([I]t is fairly unusual for first cousins to grow up in close confines.). The Obergefell development of the equal dignity doctrine untethered the stricter scrutiny available in standard equal protection cases from a particular protected class and bound it to the right to marry itself.132Obergefell, 576 U.S. at 675, 681 (These considerations lead to the conclusion that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same sex may not be deprived of that right and that liberty. In addition, some counties and cities have adopted ordinances prohibiting marriage between relatives. Other countries and states also allow the people to marry their adopted siblings as they do not have any blood relations. On the other hand, no current studies support this claim. the approach recalls that of Justice Stewarts concurrence in Zablocki.141434 U.S. at 39195 (Stewart, J., concurring). Griswold hinted at something more.109Griswold, 381 U.S. at 48586. 595.19(1)(c) (West 2021); Kan. Stat. A model may be found in the Jewish communitys self-regulating effort to eradicate the recurrence of incurable diseases particularly common in their ethnic group via the creation of genetic compatibility screening programs for potential spouses. Typically, fundamental rights automatically trigger strict scrutiny.130See, e.g., Reno v. Flores, 507 U.S. 292, 30102 (1993); see also Wardle, supra note 63, at 325 n.156. However, many religious groups believe that close relations between spouses violates their beliefs about appropriate behavior. However, two years later, in 1971, the Criminal Law Amendment Act repealed section 146 of the Criminal Code, which prohibited marriage by common-law spouses. Kenji Yoshino, Why the Court Can Strike Down Marriage Restrictions Under Rational-Basis Review, SCOTUS Blog (Aug. 23, 2011, 8:38 AM), https://www.scotusblog.com/2011/08/why-the-court-can-strike-down-marriage-restrictions-under-rational-basis-review [https://perma.cc/R3L6-558F] (suggesting it is the animus being expressed toward the class more than the nature of the right itself that primarily guided the heightened inquiry in certain marriage cases). The claims are more of theories than facts. Heres What the Law Says, Salt Lake Trib. Accord Metteer, supra note 18, at 275; see also Dvera Cohn & Jeffrey S. Passel, A Record 64 Million Americans Live in Multigenerational Households, Pew Rsch. How can someone have the urge to marry their sibling? It is also legal in Washington, D.C.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'couplespop_com-medrectangle-3','ezslot_4',120,'0','0'])};__ez_fad_position('div-gpt-ad-couplespop_com-medrectangle-3-0'); Second cousin marriages are common among European-Americans who have used up their available spouse candidates. This disparity would tend to negate any contention that [the State] has a strong public policy against marriages between first cousins, since it is in conflict with this states policy to legally solidify such unions for the good of society at large and for the benefit of any potential posterity. Id. Sibling marriage is not allowed in Colorado. As of January 2020, the Peang-Lees were expecting their first child, increasing their risk of being charged under Utahs incest statute. 2. . & Sexuality 1, 1517 (2016) (arguing that Obergefell did apply the standard equal protection analysis and found sexual orientation a suspect class deserving heightened scrutiny). The American consensus was once in favor of the practice as well. Related Legal Questions Is it Legal in NC to marry your first cousin if your parents Is it Legal in NC to marry your first cousin if your parents adopted them read more Attorney John Trial Attorney/Owner Juris Doctorate 2,802 satisfied customers Under the law, what is the exact definition of being In fact, almost half of the states in America allow cousin marriages to take place legally. yet first cousins have moved dynamically in and mostly out of the banned class of marriageable kin over the centuries.23See id. 4 Johns. i vi nhng 2.004, 6.201 (West 2021); Tex. Yet, due process does not serve as an absolute bar to government regulation.77See infra Section I.C.4. Incidentally, age and fertility restrictions reveal state legislatures ongoing preference for hetero-normative marital structures; age and fertility would appear to be entirely irrelevant bases upon which to restrict a same-sex first-cousin couple from marrying. The Bible does not say anything about marrying your cousin. The rules of marriage for half-blood siblings are somewhat similar to that of the cousins. Meister v. Moore, 96 U.S. 76, 7879 (1877) (Statutes in many of the States, it is true, regulate the mode of entering into the [marriage] contract, but they do not.