In Kansas, it is illegal for first cousins to marry. The state has strict laws prohibiting marriages between close relatives, including first cousins, which are classified as incestuous and void under Kansas Statute 23-2503. However, there are nuances to the law that individuals should understand regarding other types of cousin relationships and exceptions for marriages conducted out of state.
Kansas Marriage Laws for Cousins
Prohibition on First Cousin Marriage
Kansas explicitly bans marriage between first cousins. This prohibition has been in place since 1859, even before Kansas joined the Union in 1861. The law categorizes such unions as incestuous and invalid, meaning they cannot be legally recognized within the state.
Other Cousin Relationships
While first cousin marriage is prohibited, Kansas allows marriages between more distant relatives:
- First Cousins Once Removed: These relationships are not mentioned in the statute and are therefore permitted. A first cousin once removed refers to the child of your first cousin or your parent’s first cousin.
- Second Cousins and Beyond: Marriages between second cousins and other more distant relatives are legal in Kansas.
Recognition of Out-of-State Marriages
Kansas does recognize first cousin marriages legally performed in other states. For example, if two first cousins marry in a state where such unions are legal (e.g., Colorado), their marriage will be valid when they return to Kansas. A Kansas Supreme Court ruling established that while the state does not approve of such marriages, it must honor them if they were legally conducted elsewhere.
Legal and Social Implications
Incestuous Marriages
Under Kansas law, marriages between close relatives—including parents and children, siblings, uncles and nieces, aunts and nephews, and first cousins—are deemed incestuous. Such unions are not only void but may also carry social stigma and potential legal repercussions if attempted within the state.
Cohabitation and Sexual Relations
Although marriage is prohibited, Kansas allows first cousins to cohabitate or engage in consensual sexual relationships without legal penalties. This contrasts with stricter states like Kentucky, where even cohabitation or sexual relations between first cousins are banned.
Exceptions in Other States
Some neighboring states have more lenient laws. For example:
- Colorado permits first cousin marriages without restrictions.
- Oklahoma prohibits first cousin marriage but allows cohabitation and sexual relations.
Couples seeking to marry their first cousin may consider relocating or marrying in a permissive state like Colorado if they wish to have their union legally recognized.
In Kansas, marrying your first cousin is illegal and considered incestuous under state law. However, marriages between more distant relatives like first cousins once removed or second cousins are allowed.
Additionally, Kansas recognizes first cousin marriages performed legally in other states, providing an option for couples willing to travel or relocate. While the law is clear on prohibitions within the state, understanding these nuances can help individuals navigate their rights and options regarding familial relationships.
SOURCES:-
[1] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[2] https://dataminingdna.com/can-first-cousins-marry-in-kansas/
[3] https://www.ksrevisor.org/statutes/chapters/ch23/023_025_0003.html
[4] https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/
[5] https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
