Marriage between cousins, particularly first cousins, is a topic that often raises questions about legality and social norms in the United States. Laws on cousin marriage vary significantly across the country, with some states imposing strict prohibitions and others allowing such unions. Here’s a detailed look at what Colorado law says about marrying your cousin.
Legal Status of Cousin Marriage in Colorado
In Colorado, it is legal for first cousins to marry. The state places no restrictions or special requirements on marriages between first cousins, making it one of the 18 states in the U.S. where such marriages are fully permitted. This means that if you and your partner are first cousins—children of siblings—you can legally obtain a marriage license and wed in Colorado without facing any legal obstacles.
What Relationships Are Prohibited?
While Colorado law is permissive regarding cousin marriage, it does set clear boundaries for other familial relationships. According to Colorado Revised Statutes Section 14-2-110, the following marriages are prohibited:
- Ancestor and descendant (e.g., parent/child, grandparent/grandchild)
- Siblings (brother and sister, whether by whole or half blood)
- Uncle and niece, or aunt and nephew (with an exception for certain aboriginal customs)
- Marriages where one party is still legally married to someone else (bigamy)
Importantly, first cousins are not included in this list of prohibited relationships, which is why their marriage is allowed under state law.
Application Process and Practical Considerations
When applying for a marriage license in Colorado, the application form will ask if the couple is related by blood. If you indicate that you are first cousins, this does not impede your ability to marry; the law does not view this relationship as a barrier. You do not need to be a resident of Colorado to get married there, and couples from states where cousin marriage is prohibited sometimes travel to Colorado specifically to wed.
How Does Colorado Compare to Other States?
Cousin marriage laws in the U.S. are a patchwork:
| State | First Cousin Marriage Legal? | Special Conditions? |
|---|---|---|
| Colorado | Yes | None |
| Utah | Restricted | Only if both parties are 65+ or if one is infertile |
| Arizona, Illinois | Restricted | Only if both parties are older or infertile |
| California, New York | Yes | None |
| Texas, Nevada | No | Prohibited |
In total, 18 states and the District of Columbia allow first cousins to marry without restriction, while 24 states prohibit it outright, and 8 states allow it only under certain circumstances.
Social and Legal Implications
While legal, cousin marriage is not particularly common in Colorado or the U.S. at large, and social attitudes toward the practice can vary. It’s important to note that if you marry your cousin in Colorado and later move to a state where cousin marriage is prohibited, that state may not recognize your marriage, which could have implications for legal rights and benefits.
Annulment and Divorce
If a marriage in Colorado is found to violate the state’s prohibitions (for example, if the couple were siblings), the marriage would be considered void and subject to annulment. However, marriages between first cousins are not subject to annulment on the basis of the familial relationship.
- Is it illegal to marry your cousin in Colorado?
No. Marrying your first cousin is fully legal in Colorado, with no restrictions or special requirements. - Which relationships are prohibited?
Marriages between ancestors and descendants, siblings, uncles/aunts and nieces/nephews are not allowed, but cousin marriages are permitted. - Are there any special procedures?
No. The process for marrying a cousin is the same as for any other couple in Colorado. - Will other states recognize your marriage?
Not always. Some states that prohibit cousin marriage may not recognize your Colorado marriage if you move there.
Colorado law is clear: you can legally marry your first cousin in the state, and there are no special hurdles to doing so. However, couples should be aware of differing laws in other states if they plan to relocate.
Sources:
- https://www.graham.law/blog/marry-your-cousin-colorado-family-marriage/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://k99.com/cousin-marriage-colorado/
- https://kekbfm.com/colorado-marry-your-cousin/
- https://www.co.routt.co.us/328/Prohibited-Marriages
