Ohio law is clear and explicit: it is illegal for first cousins to marry in the state. The Ohio Revised Code specifies that only individuals “not nearer of kin than second cousins” may be joined in marriage, which means first cousins, as well as closer relatives, are prohibited from marrying each other in Ohio. This restriction also extends to first cousins once removed, making Ohio one of the relatively strict states regarding cousin marriage.
What Relationships Are Prohibited?
- First cousins: Not allowed to marry in Ohio.
- First cousins once removed: Also prohibited.
- Closer relatives (siblings, half-siblings, uncle/niece, aunt/nephew): Prohibited.
- Second cousins and beyond: Permitted to marry in Ohio.
Relevant Statute
The governing statute, Ohio Revised Code Section 3101.01, states:
“Only male persons of the age of eighteen years, and only female persons of the age of eighteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage.”
This language means that anyone more closely related than a second cousin is barred from marrying in Ohio.
Recognition of Out-of-State Cousin Marriages
Ohio does not recognize first cousin marriages performed in other states, even if those marriages are legal where they were conducted. This means that if first cousins marry in a state that allows such unions and then move to Ohio, their marriage will not be recognized by Ohio authorities.
Legal and Social Context
While some states allow first cousin marriages under certain conditions (such as age or infertility), Ohio maintains a blanket ban without exceptions. The state’s stance is rooted in public policy and traditional views about consanguinity and marriage.
Interestingly, while the law prohibits first cousin marriage, adult incest (marrying or having sexual relations with someone closer than a second cousin) is no longer prosecuted as a criminal offense in Ohio. However, this does not mean such marriages are legally valid—they simply are not criminally prosecuted.
Common Law and Court Rulings
Historically, Ohio courts have sometimes addressed the validity of cousin marriages. In older cases, the Supreme Court of Ohio has indicated that marriages not expressly prohibited by statute (and not considered “shocking to good morals” or against public policy) might not be automatically void. However, the current statutory language and legal consensus make it clear that first cousin marriages are not permitted.
Marriage License Application
Ohio marriage license applications do not specifically ask about the blood relationship between the applicants. However, by signing the application, both parties affirm that there is no legal impediment to their marriage, including prohibited degrees of kinship.
Comparison Table: Ohio and Neighboring States
| State | First Cousin Marriage Legal? | Notes |
|---|---|---|
| Ohio | No | Not recognized even if performed elsewhere |
| Indiana | No | |
| Kentucky | No | |
| Michigan | No | |
| Pennsylvania | No | |
| West Virginia | No |
What About Second Cousins?
Marriage between second cousins and more distant relatives is legal in Ohio. There are no restrictions or special requirements for these relationships.
- It is illegal to marry your first cousin in Ohio.
- First cousin marriages performed elsewhere are not recognized in Ohio.
- Second cousins and more distant relatives may legally marry in Ohio.
- There are no exceptions or loopholes in Ohio law for first cousin marriages.
Anyone considering marriage with a relative in Ohio should carefully review the law and, if in doubt, consult with an attorney to ensure compliance with state requirements.
Sources:
- https://www.ghmc.org/marriage/getting-married/marriage-requirements
- https://dataminingdna.com/can-first-cousins-marry-in-ohio/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.uscis.gov/sites/default/files/err/D6%20-%20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2021/JUN022021_03D6101.pdf
- https://codes.ohio.gov/ohio-revised-code/section-3101.01
