Is Consensual Adult Incest Okay?
German High Court Takes a Look at Incest
Must consensual sex between close relatives be punished? Germany’s highest court is about to rule whether incest will continue to result in a jail term. It is referring to the case of a brother and sister who have already had four children together.
Since Susan became pregnant with Patrick’s child and their relationship became known to the authorities, they have been prosecuted repeatedly. Their case touches an age-old taboo, it’s exotic and tragic at the same time. “Coitus between relatives” is illegal in German law and punishable with a fine or a jail sentence.
Patrick S. has served a jail sentence of more than two years because of his love for his sister, and he may have to go back to jail for at least another year, unless Germany’s Federal Constitutional Court rules in his favor. The verdict is expected soon.
The key issue is whether the protection of a powerful moral taboo is sufficient justification for punishment. And whether there are reasons beyond that taboo for locking someone up, for depriving children of their father, a woman of her partner.
First, should it be against the law to protect any subsequent children? Many say no, the risk is not that high; but this couple had four children: Two with severe mental problems, given over to Foster Care. One child had a severe heart problem corrected with surgery, although it could have just as easily resulted in death. The last child, thus far is considered normal. Quite frankly, to me that certainly provides strong evidence that procreation places their children at risk and poses an avoidable finacial burden on society.
Once, we open the door to approving incestuous marriages and sexual relationships, where is the justification for prohibiting other incestuous relationships; let us say, a normal male of a retarded female relative, based on the consensual nature of that relationship.
To me the worst implication is that the state once again is lowering the bar of what society considers appropriate moral standards-behavior, with the next step even easier and so on, until we can justify man-boy sexual relationships and/or marriages.
http://www.spiegel.de/international/germany/0,1518,540831,00.html

