With the news this morning of Superman and Wonder Woman hooking up, it’s a good time to examine the question of human and humanoid alien relations. Relationships and sex between humans and any other species are outlawed in most places on the planet, and undoubtably, it would still probably be illegal to fuck a space sea cucumber, but what about sci-fi aliens like Superman, Spock or that three-boobied hooker from Total Recall? It’s still technically bestiality…
The fine legal geeks at Law and Multiverse placed this question under consideration. Would the US government let you marry the djinn or alien of your dreams? Unfortunately, probably not. Marriage in the US is determined by individual states, but it’s helpful to look to the federal definition of personhood when determining the meanings of terms like “man,” “woman,” and “person” in state marriage statutes:
At the federal level, 1 U.S.C. § 8 defines “person” to include “every infant member of the species homo sapiens who is born alive at any stage of development.” This is an inclusive rather than exclusive definition (and it’s not specifically about marriage), but it underscores the point that only humans are people. The federal Defense of Marriage Act provides (for now) that “the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.” Combined with 1 U.S.C. § 8 and the plain meaning of the words, federal law also appears to only contemplate marriage between humans.
Though one day when it happens, and it will eventually, opinions could change if humanoid aliens are somehow matched perfectly with humans.
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