Marriage between cousins is a complex and often controversial topic in the United States, with laws varying significantly from state to state. In Kentucky, the law is clear and unambiguous regarding cousin marriage.
Legal Status of Cousin Marriage in Kentucky
Kentucky law explicitly prohibits marriage between first cousins. According to Kentucky Revised Statute (KRS) 402.010:
“No marriage shall be contracted between persons who are nearer of kin to each other by consanguinity, whether of the whole or half-blood, than second cousins. Marriages prohibited by this section are incestuous and void.”
This means that:
- First cousin marriages are not allowed.
- Marriages between persons closer than second cousins (including siblings, parents, uncles, aunts, nieces, nephews, grandparents, and grandchildren) are also prohibited.
- Second cousin marriages are permitted.
If a marriage is found to be between first cousins (or closer relatives), it is considered incestuous and is legally void in Kentucky.
Criminal and Civil Consequences
Attempting to marry your first cousin in Kentucky is not only void but also classified as a misdemeanor, which can result in legal penalties such as fines or imprisonment. The state treats such unions as violations of both marriage and incest laws.
Additionally, Kentucky does not recognize first cousin marriages performed in other states. If a couple marries legally as first cousins elsewhere and then moves to Kentucky, their marriage is not recognized by Kentucky law.
Comparison with Neighboring States
The legal landscape for cousin marriage varies around Kentucky:
| State | First Cousin Marriage Status | Notable Restrictions |
|---|---|---|
| Kentucky | Illegal | Not recognized, even if performed elsewhere |
| Virginia | Legal | None |
| Indiana | Legal with restrictions | Only if both parties are 65+ |
| Illinois | Legal with restrictions | Only if both parties are 50+ or infertile |
| Tennessee | Illegal (since April 2024) | None |
This patchwork of laws means that while some neighboring states allow cousin marriage under certain conditions, Kentucky does not permit or recognize such unions.
Recent Legislative Developments
In early 2024, a Kentucky state legislator inadvertently filed a bill that would have removed first cousins from the list of relatives covered under the state’s incest laws. However, this was quickly identified as an error, and the legislator pledged to correct the bill to ensure first cousins remain included in the list of prohibited relationships. This incident highlights that there is no legislative momentum to legalize cousin marriage in Kentucky.
Frequently Asked Questions
Can I marry my second cousin in Kentucky?
Yes. The law only prohibits marriages between persons closer than second cousins. Second cousin marriages are legal.
What if I marry my first cousin in another state and move to Kentucky?
Kentucky will not recognize your marriage. It is considered void under state law, regardless of where the marriage took place.
Are there exceptions for infertility or age, as in some other states?
No. Kentucky does not provide exceptions for infertility, age, or other circumstances. The ban on first cousin marriage is absolute.
Summary Table: Kentucky Cousin Marriage Law
| Relationship | Marriage Legal in Kentucky? | Recognized if Married Elsewhere? |
|---|---|---|
| Sibling | No | No |
| Parent/Child | No | No |
| First Cousin | No | No |
| Second Cousin | Yes | Yes |
| Distant Cousins | Yes | Yes |
It is illegal to marry your first cousin in Kentucky. Such marriages are considered incestuous and void, and the state does not recognize first cousin marriages performed in other jurisdictions. The law is strict, with no exceptions for age, infertility, or out-of-state marriages. If you are considering marriage to a cousin in Kentucky, ensure that you are at least second cousins or more distantly related to comply with state law
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.usatoday.com/story/news/nation/2024/01/17/kentucky-nick-wilson-incest-law-first-cousins/72262615007/
- https://www.yahoo.com/news/cousin-marriage-legal-kentucky-210000676.html
- https://www.jeffersoncountyclerk.org/marriage-license-frequently-asked-questions/
- https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36465
