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Incest is a difficult case because the harm is rather diffuse. If you and your sibling have children together, those children have a significantly increased chance of receiving double recessive genes that you got from your parents. In some cases, this can cause your children to have severe genetic diseases.
The problem, as I see it, is that harm is only being done in an incestuous relationship that bears children. It is entirely understandable that the state would have a vested interest in preventing close familial relatives from reproducing together. It is far more difficult to prove that harm is being caused by protected sex between a brother and sister, morally disgusting though it may be. For that matter, what harm is caused by two brothers having sex with each other?
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The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error. ~John Stuart Mill, On Liberty
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