A Legal Defense of Swan Queen

I think we can all agree that Ginny’s tweets this week were a little less than savory. That being said, it is our duty to defend our ship, despite how cracked some may perceive it to be.

Most people make the argument that Swan Queen is incest because Regina is technically Emma’s step-grandmother. Personal opinions aside, is this legally correct? The quick answer: no. The long-winded one is after the jump.

There are two legal forms of incest: affinity (by marriage) and consanguinity (by blood). Some states have laws that would actually prevent step-relations from marrying. For example, a stepfather couldn’t marry his stepdaughter. However, Maine is not one of those states, and it’s the only state that matters in this scenario. Let’s look to the statutes:

1. A person is guilty of incest if the person is at least 18 years of age and:

       A. Engages in sexual intercourse with another person who the    

     actor knows is related to the actor within the 2nd degree of

     consanguinity. Violation of this paragraph is a Class D crime; -

17-A M.R.S.A. § 556

2. Prohibitions based on degrees of consanguinity; exceptions. This subsection governs marriage between relatives.

        A. A man may not marry his mother, grandmother, daughter,

      granddaughter, sister, brother’s daughter, sister’s daughter,

      father’s sister, mother’s sister, the daughter of his father’s

      brother or sister or the daughter of his mother’s brother or 

      sister. A woman may not marry her father, grandfather, son,

      grandson, brother, brother’s son, sister’s son, father’s brother,

      mother’s brother, the son of her father’s brother or sister or the

      son of her mother’s brother or sister.

      B. Notwithstanding paragraph A, a man may marry the daughter

     of his father’s brother or sister or the daughter of his mother’s

     brother or sister, and a woman may marry the son of her

     father’s brother or sister or the son of her mother’s brother or

     sister as long as, pursuant to sections 651 and 652, the man or

     woman provides the physician’s certificate of genetic counseling.-

19-A M.R.S.A. § 701

Did anyone see something about step-relatives in there? Cause I didn’t. This means that marriage would only be illegal if they were blood relatives. Ginny, the clear expert on this matter, has already kindly pointed out to us that Regina is Emma’s “stepGRANDMOTHER.” Sure, her emphasis was on the wrong word, but we can forgive her that. The operative word here actually is “step.” Thus, Swan Queen can not only make sweet, sweet love, but they can also totally get married once Maine votes on same-sex marriage this fall. (Maine is in New England, and the rest of New England has legalized it, so I seriously doubt they’re gonna be the loner and deny same-sex couples their rights.)

Technically, Swan Queen can’t get married right now, but there’s nothing preventing them on the basis of their familial relationship. Come November, there may be nothing preventing them from engaging in marital bliss at all.

So, to all the Swan Queen haters: