I was surprised to read in Annette Gordon-Reed's book on the Hemingses that
in the early 19th century Virginia outlawed marriage between a man and his
deceased wife's sister, on the grounds that marrying a sister-in-law was
incest by affinity (not by blood). I don't know the text of the law, but
presumably the reverse was also true: a widow could not marry her
brother-in-law. It's my impression that in the earlier days such marriages
were relatively common in Virginia. My question for the lawyers on the list
is: does anyone know when Virginia repealed this ban – or is it still on the
books? Would Virginia have recognized such a marriage if it had been
solemnized in another state or country? 

Henry Wiencek

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