Marrying your first cousin in Pennsylvania is illegal. Here’s a detailed look at what the law says, how it’s enforced, and what exceptions (if any) exist.
What Pennsylvania Law Says
Explicit Prohibition:
Pennsylvania law clearly states, “A man may not marry his first cousin” and “A woman may not marry her first cousin”. This prohibition is part of the state’s marriage statutes, which list the degrees of kinship that bar marriage.
Legal Status of Such Marriages:
If two first cousins attempt to marry in Pennsylvania, the marriage is considered void under state law. This means the marriage has no legal standing from the outset, and the state will not recognize it as valid.
Historical and Legal Context
Change from Common Law:
Historically, first cousin marriages were recognized under Pennsylvania common law. However, since the Act of 1901, such marriages have been expressly prohibited. The law was enacted to prevent marriages between people closely related by blood.
Void vs. Voidable:
While the statute says these marriages are “void,” legal interpretations have clarified that such marriages are “voidable.” This means that, although the marriage is not recognized, a formal court process (such as an annulment or divorce) may still be necessary to resolve legal issues if the marriage was performed in violation of the law.
Out-of-State Marriages
Recognition of Cousin Marriages Performed Elsewhere:
If Pennsylvania residents travel to another state where first cousin marriage is legal (such as New Jersey or New York), and marry there, the situation becomes more complex. Generally, Pennsylvania follows the rule that a marriage valid where performed is valid in Pennsylvania-unless it strongly violates public policy.
However, Pennsylvania courts may refuse to recognize such marriages if they determine that the state’s public policy against cousin marriage is strong enough. The law does not automatically void all out-of-state cousin marriages, but there is a significant risk that such a marriage would not be recognized if challenged in Pennsylvania.
Is It a Crime?
No Criminal Penalty:
Unlike some states where marrying your first cousin is a criminal offense, in Pennsylvania, it is not a crime-it is simply not allowed, and such marriages are void or voidable. There is no jail time or fine, but the marriage itself has no legal effect.
Other Relatives
Pennsylvania’s law also prohibits marriage between other close relatives, such as siblings, parents and children, aunts/uncles and nieces/nephews, but cousin marriage is treated separately from what the law considers “incestuous” marriages.
| Relationship | Legal to Marry in PA? | Marriage Status |
|---|---|---|
| First Cousin | No | Void/Voidable |
| Second Cousin | Yes | Legal |
| Out-of-State Cousin Marriage | Not automatically recognized | Risk of being voided |
Key Takeaways
- Marrying your first cousin in Pennsylvania is illegal and the marriage will not be recognized by the state.
- Such marriages are considered void or voidable, not criminal.
- Marriages performed in other states may not be recognized in Pennsylvania if they violate public policy.
- There are no criminal penalties, but legal recognition and rights are denied.
If you have more questions about marriage laws in Pennsylvania or about cousin marriage in other states, feel free to ask!
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=13&sctn=4&subsctn=0
- https://ideas.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1876&context=dlra
- https://en.wikipedia.org/wiki/Cousin_marriage
- https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=13
