The legality of cousin marriage in the United States varies significantly from state to state. In Arkansas, the law is clear and explicit regarding marriage between first cousins.
First Cousin Marriage Is Illegal in Arkansas
According to Arkansas law, marriages between first cousins are strictly prohibited. Arkansas Code § 9-11-106 states that all marriages between first cousins are considered “incestuous and absolutely void.” This prohibition is comprehensive and applies regardless of whether the cousins are related by blood or through illegitimate lines.
The law also extends to other close familial relationships, including:
- Parent and child
- Grandparent and grandchild
- Siblings (whole or half-blood)
- Uncle and niece
- Aunt and nephew
- First cousins
If anyone knowingly enters into or solemnizes such a marriage, they are guilty of a misdemeanor and may face fines or imprisonment, at the discretion of the court or jury.
What About Other Types of Cousins?
While first cousin marriage is explicitly banned, Arkansas law is less clear regarding more distant relatives, such as first cousins once removed, second cousins, or half-cousins. However, the law’s focus is on first cousins, and there is no statutory prohibition against marriage between more distant cousins.
Sexual Relations and Cohabitation
Although first cousins cannot legally marry in Arkansas, the state does not criminalize sexual relations or cohabitation between first cousins. This means that while marriage is not permitted, first cousins may live together or have a relationship without facing legal penalties for those actions alone.
Recognition of Out-of-State Marriages
Some states that prohibit cousin marriage may recognize such marriages if they were legally performed in another state where cousin marriage is allowed. However, Arkansas law declares first cousin marriages “absolutely void,” which means that even if an Arkansas resident marries their first cousin in another state, the marriage would not be recognized as valid upon returning to Arkansas.
Penalties for Violating the Law
Anyone who contracts or solemnizes a marriage prohibited by Arkansas Code § 9-11-106 can be charged with a misdemeanor. Upon conviction, penalties may include a fine, imprisonment, or both, with the exact punishment determined by the court.
Arkansas Law on Cousin Marriage
| Relationship Type | Marriage Legal? | Cohabitation/Sexual Relations Legal? |
|---|---|---|
| First Cousin | No | Yes |
| First Cousin Once Removed | Not Prohibited | Yes |
| Second Cousin | Not Prohibited | Yes |
| Half-Cousin | Not Prohibited | Yes |
Social and Cultural Considerations
While the law is clear, social and cultural attitudes toward cousin marriage can vary. Some families and communities may have strong opinions for or against such unions, even where they are legal or illegal5. It’s important for individuals considering marriage to a cousin to weigh not only the legal implications but also the potential social and familial impacts.
In Arkansas, it is illegal to marry your first cousin. Such marriages are considered incestuous and are absolutely void under state law. While first cousins may have a relationship or live together without legal repercussions, marriage is strictly prohibited and violators may face criminal penalties. Marriages between more distant cousins (such as first cousins once removed or second cousins) are not explicitly banned by Arkansas law, but anyone considering such a union should consult the latest legal guidance or a family law attorney for clarity.
Sources
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://law.justia.com/codes/arkansas/title-9/subtitle-2/chapter-11/subchapter-1/section-9-11-106/
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
- https://www.lawinfo.com/resources/family-law/arkansas/
- https://www.youtube.com/watch?v=k7jEyIHPacc
