Kansas has some of the strictest laws in the United States when it comes to marriage between cousins. If you are considering marrying a cousin in Kansas, it is crucial to understand both the legal prohibitions and the few exceptions that may apply.
Kansas Law on Cousin Marriage
Kansas law explicitly prohibits marriage between first cousins. According to Kansas Statute 23-2503, “All marriages between parents and children, including grandparents and grandchildren of any degree, between brothers and sisters of the one half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins, are declared to be incestuous and absolutely void”. This means that first cousin marriages are not recognized under any circumstances if performed within the state.
This prohibition extends to both full and half-blood first cousins. The law is clear that such unions are considered incestuous and have no legal standing in Kansas.
Other Types of Cousin Relationships
While first cousin marriages are banned, Kansas law is more permissive regarding other cousin relationships:
- First cousins once-removed (the child of your cousin or the cousin of your parent) are allowed to marry in Kansas.
- Half-cousins (where only one parent is related) may also marry.
- There are no explicit prohibitions against marriages between more distant cousins, such as second cousins or beyond.
Cohabitation and Sexual Relations
Although marriage between first cousins is illegal, Kansas does not criminalize cohabitation or consensual sexual relationships between first cousins. This is in contrast to some other states, where even non-marital relationships between cousins can be prosecuted.
Recognition of Out-of-State Cousin Marriages
Kansas generally does not recognize first cousin marriages performed in other states where such unions are legal. However, there is a narrow exception: if the marriage was valid where celebrated and is not considered “odious to public policy nor evasive,” Kansas courts may recognize it. This is a complex area of law and often depends on the specific circumstances of the marriage and whether it is seen as an attempt to evade Kansas law.
“Marriage between first cousins [is] valid in Kansas if valid where celebrated and not odious to public policy nor evasive.”
— In re Estate of Loughmiller, 229 Kan. 584 (1981)
Historical Context and Social Attitudes
Kansas was the first state in the U.S. to ban cousin marriage, enacting its prohibition in 1858. This early action reflected shifting social norms of the time, as concerns about genetics, morality, and the definition of family relationships became more prominent.
While cousin marriage is legal in 18 states and permitted under certain conditions in several others, Kansas remains firmly in the camp of states that prohibit it outright for first cousins.
Kansas Cousin Marriage Laws
| Relationship Type | Marriage Legal in Kansas? | Cohabitation/Sex Legal? | Out-of-State Marriage Recognized? |
|---|---|---|---|
| First Cousins | No | Yes | Rarely, only if not against public policy |
| First Cousins Once-Removed | Yes | Yes | Yes |
| Half-Cousins | Yes | Yes | Yes |
| Second Cousins or Beyond | Yes | Yes | Yes |
Key Takeaways
- First cousin marriages are strictly prohibited and void in Kansas.
- First cousins may cohabit and have sexual relations, but cannot legally marry.
- Marriages between first cousins once-removed, half-cousins, or more distant cousins are legal.
- Kansas may recognize first cousin marriages performed legally in other states only in rare circumstances.
- If you are considering a cousin marriage and have ties to Kansas, consult an experienced family law attorney for guidance.
Understanding these laws is essential to avoid inadvertently entering into a marriage that will not be recognized or could be declared void by Kansas courts.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
- https://www.kslegislature.gov/li_2020/b2019_20/statute/023_000_0000_chapter/023_025_0000_article/023_025_0003_section/023_025_0003_k/
- https://www.legalmatch.com/law-library/article/cousin-marriage-laws.html
- https://www.lawinfo.com/resources/family-law/kansas/
