Incest and Individual Autonomy

The Boston Globe reports on the post-Lawrence expansion of the battle to overturn prohibitions on adult incest.  Many of the arguments portrayed seem to presume that the only rationale for the prohibition is the fear of genetic abnormality.  A more promising ground, in my view, is the integrity of the family structure and the danger of family members assuming incompatibile roles.  In this regard, incest prohibitions are protective of individual autonomy because they maintain the family's role as a platform for a member's future autonomy.  And if there's one thing we hold sacred in our legal system, it's individual autonomy.  That's why, despite Lawrence's unfortunately broad language, I don't see the case as a direct threat to our incest laws.  (The Ohio Supreme Court recently agreed.)