Earl Moxam, Senior Gleaner Writer

GRANT

Should there be a law barring first cousins from marrying each other? That taboo question was raised during yesterday's meeting of a Joint Select Committee of Parliament, and generated strong arguments for and against criminal sanctions.

Government Senator Norman Grant, a minister of religion, came out strongly against such unions between first cousins and even more distant relatives. His colleague, Donna Scott Mottley, cautioned, however, against venturing into areas that she felt were not necessary in order to achieve the goals of the legislation.

Senator Grant based his argument against cousins being involved in intimate relationships, in part, on animal husbandry practice, in which, he said 'in-breeding is not allowed'.

"I would strongly recommend that careful consideration be given (to banning such relationships) that's almost like brother and sister!" he exclaimed.

Proposed amendments

Senator Grant was responding, in part, to a presentation by the Jamaican Bar Association, commenting on proposed amendments to the Incest (Punishment) Act.

Katherine Francis, co-chair of the Family Sub-Committee of the Jamaican Bar Association, in her presentation to the Joint Select Committee, questioned why sexual relations between first cousins were excluded from the proposed new definition of incest.

The bill seeks, among other things, to broaden the scope of the Incest (Punishment) Act so as to prohibit as well, those relationships involving aunt and uncle, nephew and niece and the in loco parentis (standing in the place of parents) relationship. It will also include persons in step-relationships with each other.

But, citing legal practice in some jurisdictions, such as the United States, where marriage between first cousins is prohibited in 26 states, Ms. Francis wondered whether Jamaica should not do likewise.

Failing acceptance of that option, she said the Bar would ask that, where a sexual relationship was uncovered between an adult cousin and a minor cousin, the adult should be charged for the appropriate sexual offence under the Offences Against the Person Act.

A practice from our colonial relationship

The practice of cousins, including first cousins, marrying each other is a long-standing, if diminishing feature of sections of Jamaican society, dating back to the country's colonial relationship with Britain where such practices were commonly accepted.

One of Jamaica's most celebrated couples of the 20th century comprised first cousins, Norman and Edna Manley; he, an outstanding barrister and statesman; she, an artist of great renown. Norman founded and led the People's National Party (to which both Senator Grant and Senator Scott Mottley belong) for 31 years and was succeeded in the leadership of the party by his son, former Prime Minister Michael Manley. Another son, Douglas, served in Michael's administrations.