You May Keep Your Backwoods Stereotypes

You know how people sometimes mock certain states of the union as being backward places that allow first cousins to get married? Have you ever wondered how many of those places actually allow that? After a friend brought it up on Facebook yesterday, I decided to waste a fair amount of time doing some research—miraculously, without ever having to Google anything related to marrying one’s first cousin.

Laws against marrying family members are based on concepts of consanguinity, a word which shows up in many of these statutes. A first cousin is in the fourth degree of consanguinity.

I was just curious to see how the stereotypes held up to actual law. I only looked at the U.S. states that seem like they might most often fit into a certain stereotype. As it happens, they are all “southern” states. Some of the states that have perhaps been the subject of the most mockery actually do not allow first-cousin marriage, while others—including my home state of Texas—do.

Later, I might look at the states whose denizens might consider themselves more cultured or enlightened to see what their laws have to say. (Spoiler alert: you can legally marry your first cousin in California and New York.) With regard to the “southern states,” six states do not allow first cousins to get married, and eight do.

I had research help from a website called CousinCouples.com, which actually exists.

No First Cousins:

  • Arkansas. AR Code § 9-11-106(a): “All marriages…between first cousins are declared to be incestuous and absolutely void.”
  • Kentucky. KY Rev. Stat. § 402.010(1): “No marriage shall be contracted between persons who are nearer of kin to each other by consangguinity, whether of the whole or half-blood than second cousins.”
  • Louisiana. LA Civ. Code 90(A)(2): “The following persons may not contract marriage with each other:…Collaterals within the fourth degree, whether of the whole or of the half blood.”
  • Mississippi. MS Code § 93-1-1(1) (note the Biblical cadence of the statute): “nor shall the children of brother or sister, or brothers and sisters intermarry being first cousins by blood.”
  • Missouri. MO Rev. Stat. § 451.020: “All marriages between…first cousins…are presumptively void.”
  • West Virginia. WV Code § 48-2-302(a): “A man is prohibited from marrying his…first cousin or double cousin. A woman is prohibited from marrying her…first cousin or double cousin.” The West Virginia Legislature appears to have given this issue some thought, however. WV Code § 48-2-303: “For the purpose of section 2-302, cousin or double cousin does not include persons whose relationship is created solely by adoption. If it necessary to open and examine the record of any adoption proceeding in the state to ascertain that a relationship of cousin or double cousin is created solely by adoption, then an application may be made to the circuit court that held the adoption proceeding, by the clerk of the county commission seeking to issue the marriage license, or either party applying for the license, to open the record and cause it to be examined. Upon such application, the judge shall examine the record confidentially and report to the clerk whether the record discloses any consanguinity prohibited by this section and may grant such other relief prayed for which may be proper under article 22 of this chapter.”

First Cousins Are Okey-Dokey:

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