Sharia in US + Cousin Marriage in US

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(1) Gerald Nissenbaum, US Constitution Supersedes Islamic Law, Boston Herald, July 7, 2013
http://bostonherald.com/entertai ... ersedes_islamic_law

two consecutive paragraphs:

"And a marriage that is valid either in the place where contracted or in the state where the parties lived as husband and wife is treated as a valid marriage, unless recog­nizing the marriage would violate a strong public policy of Massachusetts.

"Massachusetts permits the marriage of first cousins. And, insofar as I understand it, Shariah permits marriages between a man and a woman who are first cousins.

Note: Sharia
http://en.wikipedia.org/wiki/Shariah
(section 1 Etymology; "Sharia law is officially recognised by the justice system in Israel in matters of personal status of Muslims if they choose a sharia court (eg marriage, divorce, guardianship). Judges' salaries are paid by the state")

choi

(2) A Lousiana case.
(a) Iranian cousins married in Iran in 1776. Husband came to US on a student visa and "married "a US citizen in 1978 or 1979 in Indiana, "allegedly to enhance his legal status in this country." He was divorced in 1983, became a US citizen himself in 1989, "married" yet another woman in Baton Rouge, Louisiana, where he had become domiciled. In 1995, husband applied for his "son" (born in 1977)--but not Ms Ghassemi (his cousin/wife)--to enter US. "In 2005, through the efforts of her son, Hamed, Ms. Ghassemi finally entered the U.S. as a permanent resident and also settled in Baton Rouge." In 2006 wife asked for a divorce in a Lousiana family court. During the course of litigation, husband denied Hamed was his son, posited that Iran barred marriage between first cousins , then "concedes, for the sake of argument, that a marriage between first cousins is valid under Iranian law," but argued in Lousiana family court that Louisiana state law bans marriage between first cousins. Family court accepted the argument, and dismissed the (divorce) lawsuit. Ms Ghassemi appealed. The court of appeal of state reversed: "If a marriage is valid where contracted, it is presumed to be valid in this state. To rebut that presumption in the case sub judice, Mr Ghassemi must prove that the recognition of a foreign marriage between first cousins would violate 'a strong public policy' of this state."  Which husband failed (to prove). Lousiana supreme court denied husband's petition to review.
Ghassemi v. Ghassemi (La.App.1st Cir.2008) 998 So.2d 731
http://www.leagle.com/decision-r ... e/CSLWAR3-2007-CURR
, writs denied, 2008–2674, 2008–2675 (La.2009), 998 So.2d 104 .

Lousiana court of appeal stated in the decision:

(i) "Thus, prior to 1902, there was absolutely no bar to marriages between first cousins in this state.


(ii) "Furthermore, we note that marriages between first cousins are widely permitted within the western world. Such marriages were not forbidden at common law. Additionally, no European country prohibits marriages between first cousins. Marriages between first cousins are also legal in Mexico and Canada, in addition to many other countries. Actually, the US is unique among western countries in restricting first cousin marriages. Even so, such marriages may be legally contracted in Alabama, Alaska, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Maryland, Massachusetts, New Jersey, New Mexico, New York, North Carolina, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and the District of Columbia. An additional six states, Arizona, Illinois, Indiana, Maine, Utah, and Wisconsin, also allow first cousin marriages subject to certain restrictions." (citations omitted, internal quotation marks omitted)


(b) Subsequently (ie, after Ms Ghassemi won on appeal), the couple returned to state family court, whose judge tried the case (without a jury, for facts, to determine if a marriage ever existed. Husband was no show, insisting he was sick and bed-ridden on trial date. He then offered a marriage contract but again denied there was a marriage. Family court ruled there was a marriage, granted divorce and ordered division of property. Husband's appeal was overruled.
Ghassemi v Ghassemi (2012) 103 So.3d 401
http://www.leagle.com/decision-r ... e/CSLWAR3-2007-CURR