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If it isn't already legal in any given state, most likely way for it to become legal is via a court case rather than via a law. (I don't think lawmakers will care enough to explicitly legalize.)

Which means either a case elevated to the Supreme Court or three seperate cases in three states, which I find unlikely. It's not something individuals would be likely to sue over, and I don't think any Attorney Generals are against incest enough to go after it as a priority.

@Sinclair Have you seen Aaron's comment?

@NoaNabeshima yeah I didn't feel like I needed to mention that but maybe I should have in the description idk

By my read of the linked Wikipedia article, the specific scenario described in the resolution criteria would already be legal in 3 US states: Rhode Island, which allows consensual incest above age 16; New Jersey, which allows consensual incest above age 18; and Ohio, which only bans incest between a parent or legal guardian and their child.

correct

It looks like it's also legal in Maryland, Maine, West Virginia, and Florida if it's oral.

One could argue that oral sex is a form of birth control (a pretty effective one!), so according to the comment below these states should count.

(this comment is neither legal nor medical advice)

@Yev updated description to include PIV

If it's legal only with certain birth control measures, does that count?

@IsaacKing yes