In Texas, it is illegal for first cousins to marry. According to the Texas Family Code, marriages between individuals who are first cousins are considered void from the outset. This law reflects a broader public policy aimed at preventing marriages that may raise genetic concerns for offspring and maintaining societal norms regarding familial relationships.
Key Legal Provisions
Under Texas Family Code § 6.201, a marriage is void if one party is related to the other as:
- An ancestor or descendant (by blood or adoption)
- A brother or sister (of whole or half blood or by adoption)
- A parent’s brother or sister (of whole or half blood or by adoption)
- A son or daughter of a brother or sister (of whole or half blood or by adoption)
This means that first cousins cannot legally marry in Texas, regardless of whether they are on the maternal or paternal side of the family.
Implications of the Law
The prohibition against first cousin marriages in Texas is grounded in public health considerations, primarily aimed at minimizing potential genetic risks associated with inbreeding. Engaging in such a marriage is not only illegal but also considered a criminal offense, meaning that it has no legal standing. Additionally, sexual relations or cohabitation between first cousins can lead to legal penalties, which are more severe than those for relationships with more distant relatives.
Recognition of Out-of-State Marriages
While Texas does not allow first cousin marriages, it may recognize such marriages performed legally in other states for certain legal purposes. However, this recognition can vary based on specific circumstances, and couples should be cautious about the legal implications if they move back to Texas after marrying elsewhere.
Comparison with Other States
Texas is among several states that have strict laws regarding cousin marriages. In contrast, many states—including California and Alabama—allow first cousin marriages without restrictions. Some states impose conditions; for example, Arizona permits such marriages only if both parties are over 65 or if one is infertile.
In summary, marrying your first cousin is illegal in Texas and carries significant legal ramifications. The law reflects societal concerns about the implications of close familial relationships and aims to prevent potential genetic risks associated with inbreeding. Couples considering marriage to a first cousin should explore their options carefully and may wish to consult a legal professional for guidance on navigating these laws.
Source
[1] https://knue.com/yes-it-is-kinda-sorta-legal-to-marry-your-cousin-in-texas/
[2] https://owossoindependent.com/is-it-illegal-to-marry-your-cousin-in-texas-heres-what-the-law-says/
[3] https://rivercityomaha.com/2025/01/is-it-illegal-to-marry-your-cousin-in-texas-heres-what-the-law-says/
[4] https://koolfmabilene.com/legally-marry-cousin/
