Cecily Zamora
Marriage is a union that connects not just two individuals but also their families. In the context of this discussion, the question arises as to whether it is permissible for one's brother-in-law to marry one's cousin. The answer to this query is multifaceted and depends on various factors, including cultural practices, family norms, and, most significantly, the laws of the state or country in which the individuals reside. In the United States, for example, the legality of first-cousin marriage differs across states, with some permitting it, while others prohibit or criminalize it. While cousin marriage was legal in all states before the Civil War, the number of states banning it doubled by the 1920s, influenced by studies that linked cousin marriage to health risks in offspring. As of February 2025, 24 US states prohibit marriages between first cousins, while 18 states allow it with certain conditions. Therefore, the legality of marriage between a brother-in-law and a cousin is contingent on the specific circumstances and the governing laws of the relevant jurisdiction.
| Characteristics | Values |
|---|---|
| Legal status of cousin marriage in the US | Varies from state to state |
| Number of US states where it is illegal or largely illegal | 32 |
| Number of US states where it is legal or largely legal | 18 |
| Number of US states prohibiting marriage between first cousins | 24 |
| Number of US states allowing marriage between first cousins | 18 |
| Number of US states allowing only some marriages between first cousins | 8 |
| States with various laws regarding marriage between cousins | 25 |
| Factors influencing marriage laws between cousins | Whether the parties are half-cousins, double cousins, infertile, over 65, cultural traditions, adoption status, in-law relationships, mandatory genetic counselling, and whether it is permitted to marry a first cousin once removed |
| Definition of cousin-in-law | The child of your spouse's aunt or uncle; your spouse's cousin, who becomes part of your extended family through marriage |
| Brother-in-law | The husband of your sibling or the brother of your spouse |
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What You'll Learn
- Marriage laws in the US vary from state to state
- Cousin marriage was legal in all US states before the Civil War
- Cousin marriage prohibitions were introduced to maintain social order
- Marriage extends the circle of family, enriching life with new connections
- Your brother-in-law's cousin is not your relative
Marriage laws in the US vary from state to state
Each state, as well as the District of Columbia and the territories of Puerto Rico and Guam, makes its own marriage laws, subject to the constraints of its and the US Constitution. For example, in 1967, the United States Supreme Court invalidated a Virginia statute that prohibited marriage between persons of different races on the grounds that it violated the equal-protection clause of the Fourteenth Amendment.
The laws on marriage and property owned during marriage vary from state to state, which can complicate things during a divorce or the death of a spouse, especially if the couple has lived in different states. Nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) are community property states, meaning that all property acquired during the marriage is the property of both spouses and is divided equally if the couple divorces. In contrast, in common-law property states, each spouse owns their personal property outright, and the spouses may own property together, but the marriage does not create a marital community.
Marriage license requirements also differ between states. While most states do not require residency to obtain a marriage license, some, like Indiana, mandate that non-residents obtain a marriage license from the county in which the marriage will take place. Waiting periods between the issuance of a license and the marriage also vary, from two or three days in Maryland, Louisiana, and Texas to five days in Minnesota. Only Colorado mandates premarital counseling, but California and Arizona require it for minors seeking to marry.
As of February 2025, cousin marriage laws also differ between states. Twenty-four states prohibit marriages between first cousins, 18 states allow them, and eight states allow only some marriages between first cousins.
In terms of your brother-in-law marrying your cousin, this is allowed in most states as they are not blood relatives. However, marriage laws vary from state to state, so it is important to check the specific laws in your state.
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Cousin marriage was legal in all US states before the Civil War
Marrying one's cousin is a controversial topic in the United States. While it is illegal or largely illegal in 32 states, it is legal or largely legal in 18. In eight states, only some marriages between first cousins are allowed. Cousin marriage was, however, legal in all US states before the Civil War.
The controversy surrounding cousin marriage in the US dates back to the 19th century. In 1846, Massachusetts Governor George N. Briggs appointed a commission to study mentally handicapped people (referred to as "idiots" at the time) in the state. The study implicated cousin marriage as the cause of idiocy, as well as deafness and blindness. These findings were contradicted by other studies, such as those of George Darwin (the son of Charles Darwin, who married his first cousin), Alan Huth in England, and Robert Newman in New York. Nonetheless, the former report's conclusions were widely accepted, and by the 1880s, 13 states and territories had passed cousin marriage prohibitions.
The shift in perspective towards cousin marriage was influenced by writers and ministers such as Noah Webster (1758-1843), Philip Milledoler (1775-1852), and Joshua McIlvaine, who, before 1860, helped lay the groundwork for viewpoints that sought to maintain social order, uphold religious morality, and safeguard the creation of fit offspring. Lewis Henry Morgan, writing in the 1870s, discussed "the advantages of marriages between unrelated persons" and the need to avoid "the evils of consanguine marriage". Anthropologist Martin Ottenheimer, in 1996, supported these views, suggesting that marriage prohibitions were introduced to uphold religious morality and maintain social order.
The legal status of cousin marriage varies across the US, with some states prohibiting it entirely, while others allow it under certain conditions. For example, Maine mandates genetic counseling for marrying cousins to minimize the risk of serious health defects in their children. New York is the only state that allows avunculate marriage (uncle/aunt-niece/nephew marriage). Kentucky and Nevada are the only two states that prohibit marriages between second cousins.
The controversy surrounding cousin marriage is not unique to the United States. In the United Kingdom, British environment minister Phil Woolas sparked a row by attributing the high rate of birth defects in the Pakistani community to cousin marriages. In Sweden, the government initiated an inquiry into banning marriage between first cousins in 2023, and proposed a bill to that effect in 2024. In India, cousin marriage prevalence is 9.87%, with attitudes varying sharply by region and culture. For Muslims, it is acceptable and legal to marry a first cousin, while for Hindus, it may be illegal under the 1955 Hindu Marriage Act.
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Cousin marriage prohibitions were introduced to maintain social order
Marriage between cousins is a topic of debate, with some societies actively encouraging and expecting it, while others view it as incest and taboo. Cousin marriage prohibitions were introduced to maintain social order, uphold religious morality, and safeguard the creation of fit offspring. Anthropologist Martin Ottenheimer and writers such as Noah Webster supported this view.
In the United States, the legal status of cousin marriage varies, with some states prohibiting it and others allowing it. Some states, like Maine, mandate genetic counseling for marrying cousins to minimize the risk of serious health defects in their children. The debate surrounding cousin marriage is complex and involves cultural, legal, and health considerations. Some studies have questioned the health risks associated with cousin marriages, while others, like the report of physician Samuel Merrifield Bemiss for the American Medical Association, concluded that cousin inbreeding leads to "physical and mental deprivation of the offspring."
The practice of cousin marriage is also influenced by cultural and religious norms. For example, the Hindu Marriage Act prohibits marriage for five generations on the father's side and three on the mother's side, while cousin marriage was historically practiced by indigenous cultures in Australia, North America, South America, and Polynesia. The Catholic Church's teachings on cousin marriage have also evolved over time, with reforms after the Anglo-Norman Invasion of Ireland bringing their teachings closer to those of the Irish Church and the original Christian Church.
The social order argument for cousin marriage prohibitions suggests that such marriages disrupt the social fabric and can lead to clan-based issues such as group-based child sexual exploitation, violent crime, and corruption. Additionally, the practice of cousin marriage has been associated with forced marriages and honor violence, which can have negative consequences for individual autonomy and protection.
While some scholars argue that cousin marriage prohibitions are necessary to maintain social order, others, like Lévi-Strauss, view the incest prohibition as purely social and not biological. The debate surrounding cousin marriage continues, with arguments based on human rights, prejudice, custom, choice, and proportionality.
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Marriage extends the circle of family, enriching life with new connections
Marriage is a union that connects not just two individuals but also their families, extending the circle of family and enriching life with new connections and relationships. This means that when your brother-in-law marries your cousin, they become each other's in-laws. Your cousin becomes your brother-in-law's sister-in-law, and your brother-in-law becomes your cousin's husband.
A cousin-in-law is a relative introduced through marriage, specifically the cousin of one's spouse or the spouse of one's cousin. They are blood relatives of your spouse or relatives by marriage of your own blood relatives. While not related by blood, they become part of the extended family through marital connections, enriching family dynamics and gatherings.
In the context of your brother-in-law marrying your cousin, the children of your brother-in-law and cousin would be your first cousins once removed. Their children would be second cousins to your children. Their children would be part of the same generation as your children, but with an additional generation between them and their common ancestor.
It is important to note that the legality of cousin marriages varies across different regions and states. In the United States, cousin marriage was legal in all states before the Civil War. As of February 2025, 18 U.S. states allow marriages between first cousins, 24 states prohibit them, and eight states allow only some marriages between first cousins. Cultural practices and individual family norms also play a role in defining these relationships.
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Your brother-in-law's cousin is not your relative
The legal status of cousin marriage varies across different U.S. states. While it is illegal or largely illegal in 32 states, it is legal or largely legal in 18. Some states, such as Maine, mandate genetic counseling for marrying cousins to minimize the risk of serious health defects in their children.
Now, to answer your question, "your brother-in-law's cousin is not your relative." To clarify, a cousin-in-law is a relative in the sense that they are part of your family tree. They are the child of your spouse's aunt or uncle. In other words, they are your spouse's cousin, and through marriage, they become part of your extended family.
However, if your brother-in-law marries your cousin, their spouse (your cousin) becomes your brother-in-law or sister-in-law. Their spouse's siblings would then be your brother-in-law or sister-in-law as well. These individuals would be your spouse's cousins, and by extension, part of your extended family.
It is important to note that these relationships are formed through marriage and not blood relations. Therefore, while your brother-in-law's cousin may become a part of your extended family, they are not directly related to you by blood.
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Frequently asked questions
Yes, your brother-in-law can marry your cousin. Your brother-in-law's spouse will be your cousin-in-law.
A cousin-in-law is a relative in the sense that they become a part of your family tree. They are the spouse of your cousin or the cousin of your spouse.
The legal status of first-cousin marriage varies in the US. It is illegal in 32 states and legal in 18. However, even in the states where it is legal, the practice is not widespread.
Cousin marriage was prohibited in several states by the 1880s due to reports that it resulted in health issues and "idiocy" in offspring. However, these reports have been contradicted by other studies.
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