Yes, it is illegal to marry your first cousin in Louisiana. The state has a clear legal prohibition against first cousin marriages, with no exceptions for age, infertility, or other circumstances.
Legal Details
- Statutory Ban: Louisiana law prohibits marriage between “collaterals within the fourth degree,” which includes first cousins. This means first cousins cannot legally marry in the state.
- No Exceptions: Unlike some states that allow first cousin marriage under certain conditions (such as age or infertility), Louisiana enforces a blanket ban on first cousin marriages.
- Other Cousin Marriages: Marriages between more distant relatives, such as first cousins once removed, second cousins, and beyond, are permitted in Louisiana.
Recognition of Out-of-State or Foreign Marriages
- Out-of-State Marriages: The situation is more nuanced if first cousins marry in a state or country where such marriages are legal and then move to Louisiana. Louisiana law does not automatically void such marriages, and courts have recognized some foreign first cousin marriages, as in the case of a marriage performed in Iran. However, this recognition is not guaranteed and may depend on whether the marriage is deemed to violate Louisiana’s “strong public policy”.
- Cohabitation and Sexual Relations: While marriage is prohibited, Louisiana does not criminalize sexual relationships or cohabitation between first cousins.
Historical Context
- The prohibition on first cousin marriage in Louisiana dates back to 1902. Before that, such marriages were not explicitly banned.
Summary Table
| Relationship Type | Marriage Legal in Louisiana? |
|---|---|
| First Cousin | No |
| First Cousin Once Removed | Yes |
| Second Cousin or Beyond | Yes |
| Out-of-State First Cousin Marriage | Sometimes recognized (case-by-case) |
Key Takeaways
- You cannot legally marry your first cousin in Louisiana.
- First cousin marriages performed elsewhere may sometimes be recognized, but this is not guaranteed and depends on court interpretation.
- More distant cousin relationships are legal to marry in Louisiana.
If you are considering marrying a cousin and have questions about recognition or legality, consult a Louisiana family law attorney for guidance specific to your situation.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://conflictoflaws.net/2008/ghassemi-v-ghassemi-an-interesting-decision-from-the-louisiana-court-of-appeal/?print=print
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
- https://dataminingdna.com/can-first-cousins-marry-in-louisiana/