In Iowa, marriage between first cousins is explicitly prohibited under state law, making it illegal for first cousins to marry within the state. This prohibition is outlined in Iowa Code Section 595.19, which lists first cousins among the blood relatives whose marriages are considered void. Below is an in-depth explanation of the legal framework and its implications.
Legal Prohibition on First Cousin Marriage
Iowa’s marriage laws clearly state that marriages between first cousins are void. This prohibition applies universally within the state, without exceptions based on age, infertility, or other criteria, unlike some states that allow limited exceptions. The law also explicitly bans marriages between other close relatives, such as siblings or aunts and uncles, reinforcing its stance against consanguineous unions.
Exceptions and Permitted Relationships
While first cousin marriage is banned, Iowa allows marriages between more distant relatives. For instance:
- First cousins once removed (children of first cousins) are permitted to marry.
- Second cousins and other more distant relatives face no legal restrictions.
These distinctions reflect a broader societal and legal acceptance of marriages between individuals with less genetic proximity.
Recognition of Out-of-State Marriages
It remains unclear whether Iowa recognizes first cousin marriages legally performed in other states or countries. Some states in the U.S. explicitly void foreign cousin marriages or those conducted by residents out of state, but Iowa’s stance on this matter is not definitively stated. Couples considering relocation or marriage outside Iowa should consult legal experts to understand the potential implications.
Historical Context
Iowa’s marriage laws date back to its territorial days in 1840. Initially, there was no explicit prohibition on first cousin marriage; the focus was on closer familial relationships such as siblings. The ban on first cousin marriage was introduced later as societal norms evolved.
This change aligns with broader trends in the United States during the mid-19th century when many states began outlawing cousin marriages due to concerns about genetic risks and shifting cultural attitudes.
Neighboring States’ Policies
Iowa’s prohibition aligns with most of its neighboring states—Illinois, Minnesota, Missouri, Nebraska, and Wisconsin—all of which also ban first cousin marriage. For couples seeking legal recognition of their union, traveling to a state where such marriages are allowed may be necessary.
Controversy and Debate
The prohibition of cousin marriage has sparked debate over its scientific basis and societal implications. Studies have shown that the genetic risks associated with children born to first cousins are often overstated.
However, cultural perceptions and moral concerns continue to influence legislation in many U.S. states. Advocates argue that bans on cousin marriage constitute discrimination against certain cultural practices where such unions are common.
In Iowa, marrying your first cousin is unequivocally illegal under current law. While more distant cousin relationships are permitted, couples seeking recognition for first cousin marriages must look outside the state for legal options.
Understanding these laws is essential for navigating familial relationships and ensuring compliance with Iowa’s strict regulations on consanguineous unions.
SOURCES:-
[1] https://dataminingdna.com/can-first-cousins-marry-in-iowa/
[2] https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/
[3] https://www.legis.iowa.gov/docs/code/595.19.pdf
[4] https://en.wikipedia.org/wiki/Cousin_marriage
[5] https://law.justia.com/codes/iowa/title-xv/chapter-595/section-595-19/
