Marrying your first cousin in Louisiana is illegal. The state prohibits marriages between collaterals within the fourth degree, which includes first cousins, whether by blood or adoption.
However, there are some nuances to these laws, particularly regarding recognition of marriages performed in other states and specific exceptions for adopted cousins.
Louisiana’s Marriage Laws
Prohibited Marriages
- Collaterals Within the Fourth Degree: This includes first cousins, aunts, uncles, nieces, and nephews. Marriages between these relatives are prohibited under Louisiana law (Article 90 of the Louisiana Civil Code).
- Adoption: The prohibition applies to both biological and adopted relatives within the specified degree.
Exceptions for Adopted Cousins
- Judicial Approval: Adopted cousins can marry if they obtain written judicial approval. This exception allows for marriages between individuals who are related by adoption but not by blood, provided they meet the legal requirements.
Recognition of Out-of-State Marriages
- Strong Public Policy: While Louisiana does not allow first-cousin marriages within the state, it may recognize marriages performed in other states if they do not violate Louisiana’s strong public policy. This means that if a couple marries in a state where first-cousin marriages are legal, Louisiana might acknowledge the marriage under certain conditions.
Legal Considerations and Precedents
- Ghassemi v. Ghassemi: This case involved a couple who were first cousins and married outside of Louisiana. The Louisiana Supreme Court ruled that marriages conducted outside the state could be recognized if they do not violate strong public policy, even if they would be invalid in Louisiana.
Social and Cultural Context
- Historical Perspective: Marriages between first cousins were not always prohibited in Louisiana. The ban was implemented in 1902, reflecting changing societal attitudes towards consanguineous marriages.
- Genetic Concerns: While there are genetic risks associated with cousin marriages, these risks are often overstated. Studies suggest that the genetic risks for offspring of first cousins are not significantly higher than those for children of unrelated parents, especially if the couple undergoes genetic counseling.
marrying your first cousin in Louisiana is illegal due to the state’s prohibition on marriages between collaterals within the fourth degree.
However, there are exceptions for adopted cousins with judicial approval, and Louisiana may recognize out-of-state marriages under specific conditions. Understanding these nuances is crucial for navigating the complexities of Louisiana’s marriage laws.
Additional Considerations
- Legal Precedents: Court decisions like Ghassemi v. Ghassemi highlight the importance of considering public policy when evaluating the validity of out-of-state marriages.
- Cultural and Social Factors: Despite legal prohibitions, societal attitudes towards cousin marriages vary widely, reflecting historical and cultural contexts.
Recommendations
- Seek Legal Advice: If considering marriage to a cousin or navigating the complexities of out-of-state marriages, consult with a legal professional to understand the specific implications under Louisiana law.
- Understand State Laws: Familiarize yourself with the laws of other states if planning to marry outside of Louisiana, as recognition of such marriages can depend on various factors.
SOURCES:-
[1] https://www.reddit.com/r/coolguides/comments/wg6h3q/a_map_of_where_it_is_legal_to_marry_your_first/
[2] https://theamm.org/articles/1927-kissing-cousins-the-popularity-controversy-of-cousin-marriage
[3] https://conflictoflaws.net/2008/ghassemi-v-ghassemi-an-interesting-decision-from-the-louisiana-court-of-appeal/?print=print
[4] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[5] https://legis.la.gov/Legis/Law.aspx?d=111053
