When it comes to marriage laws in the United States, the rules about marrying a cousin vary widely from state to state. If you’re wondering about Arkansas, the law is clear: it is illegal to marry your first cousin in Arkansas.
What Does Arkansas Law Say?
According to Arkansas Code § 9-11-106, any marriage between first cousins is considered “incestuous and absolutely void.” The law states:
“All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous and absolutelyvoid.
This prohibition extends to both legitimate and illegitimate relatives. In other words, even if the familial relationship is through adoption or outside of marriage, the restriction still applies.
Are There Penalties?
Yes. Anyone who enters into a marriage with a first cousin in Arkansas, or anyone who knowingly officiates such a marriage, is guilty of a misdemeanor. Upon conviction, the penalty can include a fine, imprisonment, or both, at the discretion of the court.
Exceptions and Other Relationships
- First cousins once-removed (for example, your cousin’s child) are allowed to marry in Arkansas.
- The law specifically targets first cousins; more distant relatives are not covered by this restriction.
Can First Cousins Marry Out of State and Be Recognized in Arkansas?
Arkansas law does not recognize first cousin marriages performed in other states. If Arkansas residents travel elsewhere to marry a first cousin, that marriage will not be valid or recognized when they return to Arkansas.
Cohabitation and Sexual Relations
While marriage is prohibited, Arkansas law does not criminalize sexual relations or cohabitation between first cousins.
In summary:
- First cousin marriage is illegal and void in Arkansas.
- Violators (including officiants) face misdemeanor penalties.
- First cousin marriages performed elsewhere are not recognized in Arkansas.
- First cousins once-removed may marry.
If you are considering marriage and have questions about family relationships, it’s always wise to consult the latest state laws or a qualified attorney.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
- https://www.lawinfo.com/resources/family-law/arkansas/
- https://law.justia.com/codes/arkansas/title-9/subtitle-2/chapter-11/subchapter-1/section-9-11-106/