Gavin Howe
Marrying one's first cousin is a controversial topic that is influenced by cultural, social, and religious factors. While some societies have embraced it as a tradition, others have implemented legal bans due to concerns about the potential health risks for offspring. The legality of first-cousin marriage varies across different regions, with some countries and states allowing it, while others prohibit it or require specific conditions to be met. The debate surrounding this topic involves discussions about individual freedom, genetic risks, and the impact on offspring, with varying opinions on the merits and consequences of such marriages.
| Characteristics | Values |
|---|---|
| Legal status in the US | Varies from state to state. It is illegal or largely illegal in 32 states and legal or largely legal in 18. |
| Legal status in other countries | Banned in China, North Korea, South Korea, the Philippines, some countries in the Balkans, and for Hindus in some jurisdictions of India. Allowed throughout the Middle East. |
| Arguments for banning | To prevent inbreeding, to avoid a small increase in birth defects, to maintain social order, to uphold religious morality, to prevent physical and mental deprivation of the offspring. |
| Arguments against banning | Prohibition is a form of discrimination, the risk of birth defects is not significant, the risk is similar to that of smokers or people over 35 having children, the practice is to keep cultural values intact, preserve family wealth, strengthen family ties. |
| History of cousin marriage | Cousin marriage was legal in all US states before the Civil War. Cousin marriage has been allowed throughout the Middle East for all recorded history. |
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What You'll Learn
Cousin marriage laws vary across US states
The legal status of first-cousin marriage varies across US states, with it being illegal or largely illegal in 32 states and legal or largely legal in 18. While the practice is not widespread in the states where it is legal, the specific laws governing it differ. For example, in Illinois, first cousins can only marry if both parties are 50 or older, or if one of them is certified as sterile. Maine has a similar law, mandating genetic counselling for marrying cousins. Other states, such as Arizona, Utah, and Wisconsin, allow first-cousin marriage when both individuals are past reproductive age.
The history of cousin marriage laws in the US is long and complex. Before the Civil War, cousin marriage was legal in all states. However, in 1846, a commission appointed by Massachusetts Governor George N. Briggs studied the mentally handicapped and implicated cousin marriage as responsible for "idiocy". This, along with similar reports, led to 13 states and territories passing cousin marriage prohibitions by the 1880s. Kansas became the first state to enact such legislation in 1858, with Nevada, North Dakota, South Dakota, Washington, New Hampshire, Ohio, and Wyoming following in the 1860s. The rate of increase in the number of laws was nearly constant until the mid-1920s, and since then, only Kentucky, Maine, and Texas have banned cousin marriage.
The reasons for the prohibitions are multifaceted. Some attribute it to the desire to maintain social order and uphold religious morality, while others believe it was due to assumptions about the high level of genetic risk associated with cousin marriage. Supporters of cousin marriage view the prohibition as discrimination, while opponents may appeal to moral or health-related arguments. The National Conference of Commissioners on Uniform State Laws unanimously recommended in 1970 that all such laws should be repealed, but as of 2008, no state had dropped its prohibition.
While the existence of these laws indicates a general disapproval of cousin marriage in the US, some have opposed efforts to make it illegal. For instance, Tennessee Representative Gino Bulso, who voted against the bill to ban first-cousin marriage in the state, argued that the additional risk of genetic issues is not as significant as some believe. He also stated that the bill violates Obergefell vs. Hodges, a 2015 landmark Supreme Court decision stating that "an ability, desire, or promise to procreate is not and has not been a prerequisite for a valid marriage in any State."
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The health risks of cousin marriage
Marrying one's cousin has been a longstanding practice in human history, especially in the Middle East, North Africa, and West Asia, where intra-familial unions account for 20-50+% of all marriages. While it is a common practice in these regions, cousin marriage has been banned in several countries and states. For instance, in the United States, 13 states and territories passed cousin marriage prohibitions by the 1880s, and since then, Kentucky, Texas, and Maine have also banned first-cousin marriage. In the UK, Conservative MP Richard Holden has also introduced a private member's bill to outlaw the practice.
The primary concern with cousin marriage is the potential health risks to offspring due to an increased likelihood of genetic disorders. When closely related individuals reproduce, there is a higher probability that both parents carry the same genetic mutation, leading to a higher risk of autosomal recessive disorders in their children. These disorders can result in elevated morbidity and mortality rates. For instance, a study in Saudi Arabia found a significantly higher rate of first-cousin marriages among patients with congenital heart disease, suggesting a link between consanguinity and certain cardiac defects.
Research has shown that children of first-cousin marriages have a 4-6% risk of autosomal recessive genetic disorders compared to 3% for children of unrelated parents. Additionally, studies have found that cousin marriage is associated with a higher risk of birth defects, infant mortality, and congenital anomalies. For example, a study in Bradford, UK, found that marriage to a blood relative accounted for nearly a third (31%) of all birth defects in babies of Pakistani origin. Similarly, in the Pakistani community in England and Wales, there are about 90 more baby deaths per year than expected due to birth defects.
To mitigate these risks, some countries have implemented mandatory genetic counseling for couples considering cousin marriage. For example, in the US state of Maine, genetic counseling is mandatory to obtain a marriage license for first cousins. In the UK, the current approach is to offer genetic counseling to consanguineous couples, educating them about the risks and encouraging extra screening during pregnancy. However, some argue that a more stringent approach, such as an outright ban on cousin marriage, may be necessary to improve public health drastically.
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Cousin marriage in other cultures
The legal status of cousin marriage varies across the world. In some jurisdictions, cousin marriage is prohibited by law due to concerns about inbreeding and potential health risks. For instance, first-cousin marriage is illegal in China, North Korea, South Korea, the Philippines, some states in India, some Balkan countries, and 30 out of 50 states in the US. In the US, the laws vary from state to state, with some states criminalizing cousin marriage, while others allowing it under certain circumstances, such as undergoing genetic counseling or reaching a certain age.
In other cultures, cousin marriage has been a common practice for various reasons, including economic, religious, and cultural factors. For example, in Pakistan, cousin marriage is legal and prevalent, with over 60% of marriages being between cousins. It is also common among British Pakistanis, with 55% marrying a first cousin. However, there are concerns about the increased rate of genetic disorders in the population due to this practice. Similarly, in the Middle East, cousin marriage has been allowed throughout recorded history and is still strongly favored. In pre-Islamic times, cousin marriage was acceptable according to the Bible, and it continues to be an important aspect of the Middle Eastern kinship system. Anthropologists have debated the significance of this tradition, with some arguing that it helps maintain family honor and solidarity.
In some periods of Chinese history, cousin marriage was prohibited, such as during the Ming dynasty. However, these laws were challenging to enforce, and during the subsequent Qing dynasty, first cousin marriage became common, especially in rural regions. Eventually, in 1981, the Chinese government enacted a legal ban on first-cousin marriage due to health concerns.
In India, cousin marriage is prohibited for Hindus by the Hindu Marriage Act, which forbids marriage for five generations on the father's side and three on the mother's side. However, cross-cousin marriage is allowed in certain customs. Historically, Hindu Kurmis of Chunar and Jaunpur were influenced by their Muslim neighbors and adopted the custom of cousin marriage.
Cousin marriage has also been practiced by indigenous cultures in Australia, North America, South America, and Polynesia. In ancient China, some evidence suggests that clans had arrangements to marry only members of another specific clan, which resulted in cross-cousin marriages. Similarly, in Japan, arranged marriages, including cousin marriages, are practiced to maintain tradition and strengthen family ties.
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Religious views on cousin marriage
Christian Views
Christian views on cousin marriage vary depending on the denomination and cultural context. While the Bible does not explicitly prohibit cousin marriage, some passages, such as Leviticus 18:6-18, list prohibited relationships without including cousins, implying that cousin marriage is acceptable. The New Testament's single passage on incest (1 Corinthians 5:1-2) condemns a man living with his father's wife, which is consistent with the Levitical bans.
The Roman Catholic and Eastern Orthodox churches have age-old laws prohibiting first-cousin marriages, but the Church of England and some Protestant denominations follow the "sola scriptura" (Scripture alone) principle, interpreting the Bible as not forbidding cousin marriage. Middle Eastern Christians also practice cousin marriage due to cultural norms that discourage dating outside the family.
Muslim Views
Muslim views on cousin marriage vary by region and culture. In some Muslim-majority countries, cousin marriage is common and accepted, such as in Pakistan, where almost 70% of the population is married to their cousins. In Nigeria, the Hausa ethnic group, which is predominantly Muslim, practices cousin marriage preferentially, and polygyny is allowed if the husband can support multiple wives.
On the other hand, cross-cousin marriage is rare among Ethiopian Muslims, and conversions between religions are comparatively common in the country. The Afar ethnic group in Ethiopia practices a form of cousin marriage called "absuma," which is arranged at birth and can be forced.
Hindu Views
Hindu views on cousin marriage vary regionally in India. In South India, particularly in states like Tamil Nadu, cousin marriages are prevalent among Hindus, while in North India, cousin marriages are considered by some to go against their Dharma or faith. The 1955 Hindu Marriage Act prohibits cousin marriage for Hindus, but there are exceptions for marriages permitted by regional custom.
Other Religious Views
In Nigeria, the Igbo people, who are predominantly Christian, strictly practice non-consanguineal marriages, avoiding marriages between cousins and other close relatives. The Yoruba people in Nigeria, on the other hand, have a mix of religious beliefs, with 50% Muslim, 40% Christian, and 10% practicing indigenous religions. A study of highly polygynous Yoruba marriages in Oka Akoko found that 51% of pairings were consanguineous, including cousin marriages and uncle-niece unions.
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History of cousin marriage laws
Cousin marriage has been practised for various reasons, including preserving family wealth, maintaining geographic proximity, and keeping tradition. It was historically practised by indigenous cultures in Australia, North America, South America, and Polynesia. In some cultures, cousin marriages are considered ideal and are encouraged, while in others, they are seen as incestuous and taboo.
In the Middle East, cousin marriage has been allowed throughout recorded history and continues to be practised. In ancient China, some evidence indicates that specific clans had longstanding arrangements to marry only members of the other clan. During the Ming dynasty (1368–1644), all cousin marriages were legally prohibited, but by the Qing dynasty (1644–1912), first-cousin marriage was common, especially in rural regions. In 1981, the Chinese government enacted a legal ban on first-cousin marriage due to potential health concerns.
In the United States, the laws regarding cousin marriage vary by state. As of 2014, 24 states prohibited marriages between first cousins, 19 states allowed them, and seven states permitted them under certain conditions. Some states require genetic counselling, while others only allow such marriages if the couple is beyond reproductive age or if one partner is sterile. The first ban on cousin marriage in the US was enacted by Kansas in 1858, followed by several other states in the 1860s. These laws were part of a broader trend to increase state authority in previously private matters and were associated with concerns about immigrants and the rural poor. Despite occasional challenges to these laws, as of 2024, Tennessee became the most recent state to ban first-cousin marriage.
In Europe, cousin marriage was historically favoured by aristocrats and elites, but it gradually declined during the second half of the 19th century due to improved transportation, increased female mobility, and other factors. By the late 19th century, marrying one's cousin was viewed negatively in Europe and the US, and today, it is highly stigmatized in the West.
In Nigeria, the Igbo people, who are predominantly Christian, strictly practise non-consanguineal marriages and forbid marriage between cousins. This prohibition has been a part of their culture even before the advent of Christianity through colonisation.
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Frequently asked questions
It depends on the state. First-cousin marriage is banned in 32 states, legal in 18, and partially legal in the remaining states.
Opponents of first-cousin marriage argue that it can lead to a higher risk of genetic disorders in children. For example, children of first cousins have a 4-6% risk of autosomal recessive genetic disorders compared to 3% for children of unrelated parents.
Supporters of first-cousin marriage view the prohibition as discrimination. Some argue that the risk of genetic disorders is not significant enough to justify banning the practice.
Yes, first-cousin marriage is prohibited in several other countries, including China, North Korea, South Korea, the Philippines, and some jurisdictions in India.
