Kara Sears
Marriage between cousins is a controversial topic, with cultural and legal differences across the world. In the United States, cousin marriage laws vary by state, with some prohibiting the practice and others permitting it under certain conditions, such as mandatory genetic counselling. While some studies have suggested that cousin marriages can lead to health risks for offspring, others have disputed these claims. The legality of cousin marriages is closely related to incest laws and other sex crime legislation, and individuals must be aware of the specific laws in their jurisdiction.
| Characteristics | Values |
|---|---|
| Marriage between cousins legal in the US | Varies by state |
| States where first-cousin marriage is legal | Alabama, California, Colorado, Connecticut, Florida, Georgia, Maryland, Massachusetts, New Jersey, New York, New Mexico, North Carolina, Rhode Island, South Carolina, Vermont, Virginia |
| States where first-cousin marriage is banned | Kentucky, Maine, Tennessee, Texas |
| States with additional restrictions | Arizona (one spouse must be infertile), Maine (requires genetic counselling) |
| Factors influencing marriage laws | Degree of consanguinity, half-cousins, double cousins, infertility, age, cultural traditions, adoption status, genetic counselling, cousins once removed |
| Health risks for offspring of cousins | Studies show higher risk of genetic disorders, but some studies cast doubt on significance of risk |
| Legal penalties | Varies by state, can include felony charges, civil violation fees, loss of parental rights |
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What You'll Learn
- Cousin marriage laws vary by US state
- Marriage between cousins is stigmatized and uncommon in the US
- Some US states prohibit cousin marriage but recognize cousin marriages performed in other states
- The US has sparse data on cousin marriage
- Critics point to studies showing children of cousins have a higher risk of genetic disorders
Cousin marriage laws vary by US state
The laws around cousin marriages vary significantly across the United States. Marriage between cousins was legal in all states before the Civil War. However, by the 1880s, thirteen states and territories had passed prohibitions on cousin marriage, influenced by a series of reports that implicated cousin marriage as a cause of "idiocy", or developmental issues in offspring. By the 1920s, the number of states banning cousin marriage had doubled. As of February 2025, 24 US states prohibit marriages between first cousins, 18 US states allow marriages between first cousins, and eight US states (Arizona, Illinois, Indiana, Maine, Minnesota, Tennessee, Utah, and Wisconsin) allow only some marriages between first cousins.
Several factors determine the legality of cousin marriages, including whether the cousins are half-cousins, double cousins, infertile, over 65, or from a culture where cousin marriage is traditional. Some states, like Arizona, only permit cousin marriage if one spouse is unable to reproduce. Other states, like Maine, mandate genetic counselling for marrying cousins to minimise the risk of serious health defects in their children. North Carolina allows first-cousin marriage as long as the applicants are not double first cousins, meaning cousins through both parental lines.
Some states that prohibit cousin marriage recognise cousin marriages performed in other states. Conversely, some states do not recognise cousin marriages conducted by state residents in other states. Rhode Island allows avunculate marriage (aunt/uncle-niece/nephew marriage) but only between Jews. New York is the only state that permits avunculate marriage without this restriction.
The legality of sexual relations between cousins also varies by state. Some states prohibit any sexual relations or cohabitation between cousins, while others consider the degree of consanguinity, or blood relationship, between cousins. Marriage or sexual relationships between first cousins are considered incestuous and illegal in many states, but some states do not classify them as incest.
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Marriage between cousins is stigmatized and uncommon in the US
Marriage between cousins, or "cousin marriage", is a marriage where the spouses are cousins—that is, people with common grandparents or other fairly recent ancestors. While cousin marriage was common in earlier times and continues to be common in some societies today, it is stigmatized and uncommon in the US.
The prevalence of first-cousin marriage in Western countries has declined since the late 19th century and early 20th century. In the US, it is legally prohibited in some states. It is criminalized in eight states, the only jurisdictions in the world to do so. It is illegal or largely illegal in 32 states and legal or largely legal in 18. However, even in the states where it is legal, the practice is not widespread. As of February 2025, 24 US states prohibit marriages between first cousins, eight US states allow only some marriages between first cousins, and 18 US states allow marriages between first cousins.
The legal status of first-cousin marriage varies considerably from one US state to another. Some states prohibiting cousin marriage recognize cousin marriages performed in other states, but laws also exist that explicitly void all foreign cousin marriages or marriages conducted by state residents out of state. Six states prohibit first-cousin-once-removed marriages, and two states prohibit marriages between second cousins. New York is the only state that allows avunculate marriage (uncle/aunt-niece/nephew marriage).
The stigmatization of cousin marriage in the US can be traced back to the 19th century, when numerous reports implicated cousin marriage as responsible for "idiocy" (mental handicap), as well as deafness and blindness in offspring. These reports led to 13 states and territories passing cousin marriage prohibitions by the 1880s. By the 1920s, the number of states banning cousin marriage had doubled. While the eugenics movement did not play a direct role in these bans, they were influenced by the idea of maintaining social order, upholding religious morality, and safeguarding the creation of "fit" offspring.
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Some US states prohibit cousin marriage but recognize cousin marriages performed in other states
In the United States, the legal status of first cousin marriage varies from state to state. While some states prohibit cousin marriage, others permit it, and some only allow it under certain conditions. For example, Maine allows first-cousin marriage if the couple agrees to undergo genetic counseling, and North Carolina permits it as long as the applicants are not double first cousins.
The laws surrounding cousin marriage in the US are diverse and subject to change. They can vary widely between states and may be frequently revised and updated. As of February 2025, 24 states prohibit marriages between first cousins, 18 states allow it, and eight states permit it with conditions.
Some states that prohibit cousin marriage recognize marriages performed in other states, allowing residents to go out of state to register their union. However, it is important to note that some states explicitly void all foreign cousin marriages or marriages conducted by state residents out of state. For example, Arizona, Illinois, and some other states consider an out-of-state cousin marriage to be void, while California, Florida, and others do not.
The legality of cousin marriage has been influenced by various factors throughout history. Before the Civil War, cousin marriage was legal in all states. However, following a commission appointed by Massachusetts Governor George N. Briggs in 1846, which implicated cousin marriage in "idiocy," numerous reports emerged associating it with negative outcomes such as deafness, blindness, and mental deprivation in offspring. This led to 13 states and territories passing cousin marriage prohibitions by the 1880s.
Today, the laws surrounding cousin marriage continue to evolve, with states considering factors such as the degree of consanguinity, adoption status, age, fertility, and cultural traditions when formulating their legislation.
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The US has sparse data on cousin marriage
In the United States, data on cousin marriages is limited. An estimate from 1960 suggested that 0.2% of marriages between Roman Catholics were between first or second cousins. However, this data is outdated and does not specify the proportion of first cousin marriages, which are the group facing marriage bans in certain states. A more recent estimate from 2015 also placed the percentage of marriages between second cousins or closer relations at 0.2%. However, this data should be interpreted with caution as it is based on studies conducted between 1941 and 1981, and the legal landscape has changed since then, with varying state laws and restrictions on first cousin marriages.
As of 2008, 25 states banned first-cousin marriage, and seven states had restrictions, such as allowing it only if both parties are 65 or older or if one is infertile. These legal differences may deter individuals from disclosing their consanguineous relationships, leading to potential undercounting. The lack of recent nationwide studies on cousin marriages in the US makes it challenging to determine the current prevalence and trends accurately.
The sparse data on cousin marriages in the US stands in contrast to the situation in other countries. For example, in Pakistan, data from 2014 showed that 66.4% of marriages in the Malakand District of Khyber Pakhtunkhwa Province were between first or second cousins. In the UK, a 2005 BBC report found that 55% of British Pakistanis marry their first cousins. These figures highlight the cultural and regional variations in cousin marriages and the need for up-to-date data to understand the prevalence and dynamics of such marriages in the US context.
The limited data on cousin marriages in the US may be due to a combination of factors, including the legal landscape, social norms, and research priorities. The existence of bans and restrictions on first cousin marriages in many states may deter individuals from openly disclosing such relationships, impacting the accuracy of data collection. Additionally, cousin marriages may be less common or socially accepted in the US compared to other countries, influencing the focus and availability of research funding for this topic.
While the exact number of cousin marriages in the US remains uncertain due to sparse data, it is clear that such marriages are a minority occurrence, with estimates ranging from 0.2% to potentially higher due to undercounting. The legal landscape regarding cousin marriages also varies across states, with some allowing it under certain conditions, such as mandatory genetic counseling, while others maintain bans or restrictions. Further research and nationwide studies are needed to provide a more comprehensive understanding of cousin marriages in the US and inform policy decisions and social discussions on this topic.
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Critics point to studies showing children of cousins have a higher risk of genetic disorders
Marrying one's cousin-in-law is a complex issue that varies across different cultures and legal jurisdictions. While some societies view cousin marriages as preferential, others have long-standing taboos and legal prohibitions against them. Critics of cousin marriages often point to studies indicating that the children of cousins have a higher risk of genetic disorders.
Indeed, there is scientific evidence to suggest that the offspring of first cousins have a slightly elevated risk of autosomal recessive genetic disorders compared to the children of unrelated parents. Specifically, first cousins passing on certain recessive genes to their children can increase the risk of conditions such as cystic fibrosis, sickle cell disease, thalassaemia, and some neurological and metabolic diseases. However, it is important to note that the absolute risk increase is relatively small, and the likelihood of these disorders occurring in the general population is still low.
For instance, in the general population, the risk of a child being born with a serious genetic condition is typically around 3% to 4%. For the children of first cousins, this risk increases by an additional 1.7 to 2.8 percentage points. While this represents a near doubling of the risk, it is still not considered significant enough by some experts to discourage cousins from having children. Furthermore, the risk is influenced by other factors, such as the presence of genetic disorders in unrelated individuals and the occurrence of cousin marriages over multiple generations.
Critics of cousin marriages often advocate for genetic counseling and testing as a way to mitigate the potential risks associated with inbreeding. Some U.S. states, such as Maine and North Carolina, require genetic counseling for cousins seeking to marry, while other states have outright bans on first-cousin marriages. However, the effectiveness of these laws has been questioned, and there is ongoing debate about the ethical and practical implications of such regulations.
In summary, while critics point to studies showing an increased risk of genetic disorders in the children of cousins, the actual risk may be smaller than popularly assumed, and other factors, such as cultural preferences and individual reproductive choices, also come into play. As our understanding of genetics evolves, it is crucial to balance the potential risks with informed choices and access to appropriate genetic services.
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Frequently asked questions
It depends on the state. Cousin marriage laws vary across the US, with some states banning the practice and others allowing it. Some states also make a distinction between different categories of cousins, such as half-cousins or double cousins.
Cousin marriage laws are often closely related to incest laws, family laws, and other types of sex crime laws. The laws are based on the degree of consanguinity, or blood relationship, between the individuals involved.
Critics of cousin marriages point to studies that show that the children of first-cousin couples have a higher risk of developing genetic disorders. Historically, reports have also linked cousin marriages to physical and mental deprivation in offspring, as well as deafness and blindness.
Opponents of cousin marriage bans argue that the additional risk of genetic disorders is not as significant as assumed. They also argue that such bans violate the Obergefell vs. Hodges Supreme Court decision, which stated that "an ability, desire, or promise to procreate is not and has not been a prerequisite for a valid marriage in any State."
