Mississippi has some of the strictest laws in the United States regarding marriage between relatives, particularly first cousins. Below is a comprehensive overview of what the law says about cousin marriage in the state, including statutory language, recognition of out-of-state marriages, and which relationships are permitted.
First Cousin Marriage: Strictly Prohibited
Mississippi law explicitly prohibits marriage between first cousins. According to Mississippi Code § 93-1-1, the statute states:
“…nor shall the children of brother or sister, or brothers and sisters intermarry being first cousins by blood. … All marriages prohibited by this subsection are incestuous andvoid.
This means that if two people are first cousins—meaning they share a set of grandparents—they are not allowed to marry in Mississippi. The law is clear and does not provide exceptions based on age, infertility, or other circumstances, unlike some other states.
Scope of the Ban
- The law applies to both men and women equally and covers the full range of relationships considered first cousins by blood.
- The prohibition is absolute: there are no exceptions for age, medical conditions, or religious reasons.
- The law also prohibits first cousins from engaging in sexual relations or cohabitating as a couple.
Recognition of Out-of-State First Cousin Marriages
Mississippi does not recognize first cousin marriages performed in other states where such unions are legal. The statute makes it clear that any attempt to evade the law by marrying out of state and returning to Mississippi is void:
“Any attempt to evade Section 93-1-1 [laws on prohibited relationships] by marrying out of this state and returning to it shall be within the prohibitions of saidsection.
So, even if a couple legally marries as first cousins in another state, their marriage will not be recognized as valid in Mississippi.
Other Cousin Relationships
While first cousin marriage is banned, the law is less restrictive for more distant relatives:
- First cousins once removed (e.g., your cousin’s child or your parent’s cousin) are allowed to marry in Mississippi.
- Second cousins and more distant relatives are also permitted to marry.
- The law is less clear regarding “half first cousins” (where the shared grandparent is a half-sibling to one parent), so legal advice is recommended in such cases.
Marriage License Application
Mississippi marriage license forms do not specifically ask whether applicants are related by blood. However, by signing the application, both parties affirm that there is no legal impediment to their marriage. If a prohibited relationship is discovered, the marriage can be declared void.
Penalties and Consequences
- Any marriage between first cousins is considered “incestuous and void” under Mississippi law.
- Such marriages have no legal standing in the state, and any rights or benefits typically conferred by marriage (such as inheritance, spousal privileges, etc.) will not apply.
- Attempting to circumvent the law by marrying elsewhere and returning to Mississippi does not provide legal protection or recognition.
| Relationship Type | Marriage Legal in Mississippi? | Notes |
|---|---|---|
| First Cousin | No | Strictly prohibited, void if attempted |
| First Cousin Once Removed | Yes | Allowed |
| Second Cousin | Yes | Allowed |
| Out-of-State First Cousin | No | Not recognized if couple returns |
It is illegal to marry your first cousin in Mississippi. The law is unambiguous: such marriages are void, and there are no exceptions or loopholes. Mississippi also does not recognize first cousin marriages performed in other states. However, marriages between more distant cousins, such as first cousins once removed or second cousins, are permitted under state law
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://dataminingdna.com/can-first-cousins-marry-in-mississippi-explained/
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
- https://codes.findlaw.com/ms/title-93-domestic-relations/ms-code-sect-93-1-1/
- https://law.justia.com/codes/mississippi/title-93/chapter-1/section-93-1-1/
