Marriage between cousins is a complex and often misunderstood topic in the United States, with laws varying significantly from state to state. In Nebraska, the statutes are clear and specific about which familial relationships are prohibited from marrying. Here’s a comprehensive look at what Nebraska law says about cousin marriage, the rationale behind these regulations, and how the state treats cousin marriages performed elsewhere.
Nebraska’s Law on Cousin Marriage
Nebraska law explicitly prohibits marriage between first cousins. According to Nebraska Revised Statute 42-103, marriages are void when the parties are related to each other as “parent and child, grandparent and grandchild, brother and sister of half as well as whole blood, first cousins when of whole blood, uncle and niece, and aunt and nephew”.
This means that if two people are first cousins-meaning they share both grandparents through their respective parents-they cannot legally marry in Nebraska.
The law makes a distinction between “whole blood” and “half blood” relationships. First cousins of whole blood share both parents as siblings, while half cousins share only one parent as siblings. Nebraska’s statute specifically bans marriage between first cousins of whole blood but does not explicitly prohibit marriage between half first cousins, which means such unions are allowed.
No Exceptions or Special Circumstances
Unlike some states that allow first cousin marriage under certain conditions-such as advanced age or infertility-Nebraska enforces a blanket ban. There are no exceptions based on age, reproductive status, or other criteria. The prohibition is comprehensive and applies to all first cousins of whole blood.
Other Prohibited Marriages
In addition to banning first cousin marriages, Nebraska law also prohibits marriage between other close relatives, including:
- Parent and child
- Grandparent and grandchild
- Siblings (whole or half blood)
- Uncle and niece
- Aunt and nephew
These restrictions reflect both traditional social norms and concerns about potential genetic risks associated with close-relative marriages.
Recognition of Out-of-State Cousin Marriages
A notable aspect of Nebraska law is its treatment of cousin marriages legally performed in other states or countries. If two Nebraska residents travel to a state where first cousin marriage is legal (such as Iowa), marry there, and return to Nebraska, their marriage is generally recognized as valid in Nebraska.
This principle is rooted in the idea that marriages valid where performed are typically valid elsewhere, unless they violate strong public policy. The Nebraska Supreme Court has upheld this view since at least 1911.
“All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state.”
- Nebraska marriage laws
Consequences of Prohibited Marriages
If a marriage is entered into in Nebraska between parties who are first cousins of whole blood, that marriage is considered void. This means it is legally treated as if it never occurred. The courts can annul such marriages, and they have no legal standing for purposes such as inheritance or spousal rights.
Summary Table: Nebraska Cousin Marriage Law
| Relationship | Can Marry in Nebraska? | Notes |
|---|---|---|
| First cousins (whole blood) | No | Explicitly prohibited |
| First cousins (half blood) | Yes | Not explicitly prohibited |
| First cousins once removed | Yes | Allowed |
| Second cousins and beyond | Yes | Allowed |
| Out-of-state first cousin marriage | Recognized | If valid where performed |
Key Takeaways
- It is illegal for first cousins of whole blood to marry in Nebraska.
- There are no exceptions to this prohibition within the state.
- First cousin marriages performed legally in other states or countries are recognized in Nebraska.
- Marriages between more distant relatives, such as first cousins once removed or second cousins, are permitted.
In summary, Nebraska maintains a strict ban on first cousin marriages but recognizes such unions if they are legally performed elsewhere. Anyone considering marriage to a cousin should be aware of these laws to avoid entering into a void or non-recognized marriage in Nebraska.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.lawinfo.com/resources/family-law/nebraska/
- https://nebraskalegislature.gov/laws/statutes.php?statute=42-103
- https://dataminingdna.com/can-first-cousins-marry-in-nebraska/
- https://www.lancaster.ne.gov/Faq.aspx?QID=588
