Idaho’s laws regarding cousin marriage are clear, and the answer depends on the specific relationship between cousins. Here’s a comprehensive look at what is and isn’t legal under Idaho law.
First Cousin Marriage: Explicitly Prohibited
Idaho law unequivocally prohibits marriage between first cousins. According to Idaho Code Section 32-206, “All marriages between first cousins are prohibited”. This statute has been in place since 1866 and remains the current law in the state. There are no exceptions or loopholes—if two people are first cousins (meaning they share a set of grandparents), they cannot legally marry in Idaho.
To clarify, first cousins are defined as the children of siblings. If you and your prospective spouse share a grandparent, you are first cousins, and marriage is not permitted under Idaho law.
No Exceptions for Age or Infertility
Some states allow first cousins to marry under certain circumstances, such as if both parties are above a certain age or can prove infertility. Idaho, however, does not provide any such exceptions. The ban is a blanket one, applying regardless of age, reproductive status, or any other factor. In contrast, neighboring states like Utah allow first cousin marriage if both parties are 65 or older, or if both are at least 55 and one is proven unable to reproduce, but Idaho does not offer these allowances.
Second Cousins and More Distant Relatives: Legal
While first cousin marriage is not allowed, Idaho law does not prohibit marriage between more distant relatives. This means:
- Marrying your second cousin (someone with whom you share great-grandparents, not grandparents) is legal in Idaho.
- Marrying a first cousin once removed (for example, your cousin’s child or your parent’s cousin) is also permitted.
The law specifically singles out first cousins, so if your familial relationship is more distant, Idaho does not restrict your right to marry.
Recognition of Out-of-State Marriages
Idaho does not recognize first cousin marriages performed in other states where such unions are legal. If you are an Idaho resident and marry your first cousin in a state that permits it, Idaho law will not recognize your marriage as valid upon your return.
Other Prohibited Relationships
Idaho also prohibits marriage between other close relatives, including siblings (whole or half), parents and children, ancestors and descendants, uncles and nieces, and aunts and nephews. These prohibitions are standard across most U.S. states and are intended to prevent marriages between close blood relatives.
Legality of Cousin Marriages in Idaho
| Relationship | Legal to Marry in Idaho? |
|---|---|
| First Cousin | No |
| First Cousin Once Removed | Yes |
| Second Cousin | Yes |
| More Distant Cousins | Yes |
What If You Want to Marry Your First Cousin?
If you are determined to marry your first cousin, you would need to look to another state where it is legal under certain conditions, such as Utah or Wisconsin. However, as noted, Idaho will not recognize such a marriage if you return to reside in the state.
Idaho law is strict and unambiguous: marriage between first cousins is illegal, with no exceptions for age or infertility. However, marriages between second cousins, first cousins once removed, and more distant relatives are legal. If you are considering marriage to a cousin in Idaho, it is essential to understand these distinctions to ensure your union is recognized by the state.
Sources:
- https://legislature.idaho.gov/statutesrules/idstat/title32/t32ch2/sect32-206/
- https://1035kissfmboise.com/can-you-legally-marry-your-cousin-in-idaho/
- https://1043wowcountry.com/cousin-wedding-idaho-2023/
- https://mix106radio.com/idahoans-can-legally-marry-their-cousins/
- https://law.justia.com/codes/idaho/title-32/chapter-2/section-32-206/
