Marriage between cousins is a complex legal and cultural topic in the United States, with laws varying significantly from state to state. In Pennsylvania, the law is clear regarding first cousin marriages: they are not permitted. However, the details, exceptions, and implications—especially for those who marry out of state—are worth understanding in depth.
Is First Cousin Marriage Legal in Pennsylvania?
No, first cousins are not allowed to marry in Pennsylvania. The state’s marriage laws explicitly prohibit marriages between individuals who are first cousins, making such unions void if performed within Pennsylvania. The relevant statute dates back to 1901 and remains in force, stating that it is unlawful for any male and female who are first cousins to be joined in marriage in Pennsylvania.
“A man may not marry his first cousin. A woman may not marry her first cousin.”
— Pennsylvania Marriage Laws
There are no exceptions to this rule based on age, infertility, or other circumstances, unlike some states that allow cousin marriage under special conditions.
What About Other Types of Cousin Relationships?
- First Cousins Once Removed: Marriages between first cousins once removed (for example, a person and their cousin’s child) are allowed in Pennsylvania.
- Second Cousins and Beyond: Marriages between second cousins, third cousins, and more distant relatives are also legal.
- Half First Cousins: The law is less explicit about half first cousins (those who share only one grandparent), so legal advice is recommended if this applies.
Recognition of Out-of-State First Cousin Marriages
If first cousins who are residents of Pennsylvania marry in a state where such marriages are legal (such as New York or New Jersey), Pennsylvania generally recognizes the marriage as valid, provided it was lawful where performed. This has been upheld by Pennsylvania courts, which have ruled that such marriages are not considered incestuous or contrary to the laws of nature in Pennsylvania, and thus are not automatically void.
However, there are exceptions in U.S. law where states may refuse to recognize marriages deemed “incestuous, polygamous, or otherwise contrary to the laws of nature,” but Pennsylvania has not classified first cousin marriages in this way. Therefore, first cousin marriages legally performed in other states are typically recognized in Pennsylvania.
Legal Consequences of Violating the Law
If first cousins marry in Pennsylvania despite the prohibition, the marriage is considered void or voidable. This means that the marriage has no legal standing, and either party can seek an annulment or divorce on these grounds. There are no criminal penalties attached to such a marriage, but the union is not legally recognized, and the parties are not entitled to the legal benefits of marriage in Pennsylvania.
Religious and Cultural Considerations
While civil law prohibits first cousin marriage in Pennsylvania, religious institutions may have their own rules. For example, the Roman Catholic Church requires a special dispensation for first cousins to marry, even in states where it is legal. Second cousins and more distant relatives typically do not face such hurdles.
Comparison with Neighboring States
Pennsylvania’s stance is stricter than some neighboring states. For example:
- Maryland, New Jersey, and New York allow first cousin marriages.
- Ohio and West Virginia do not.
This leads some couples to marry in a neighboring state and return to Pennsylvania, relying on the state’s recognition of out-of-state marriages.
Health Considerations
Public health concerns are often cited in debates about cousin marriage bans. Studies have shown increased risks of certain genetic disorders in children born to first cousin couples, though these risks are generally considered moderate and more significant when cousin marriages occur repeatedly across generations.
Cousin Marriage Laws in Pennsylvania
| Relationship Type | Legal to Marry in PA? | Recognized if Married Out-of-State? |
|---|---|---|
| First Cousins | No | Yes |
| First Cousins Once Removed | Yes | Yes |
| Second Cousins and Beyond | Yes | Yes |
Key Takeaways
- First cousin marriages are illegal in Pennsylvania and will not be recognized if performed within the state.
- Pennsylvania does recognize first cousin marriages that are legally performed in states where such unions are permitted.
- More distant cousin relationships (first cousins once removed, second cousins, etc.) are allowed to marry in Pennsylvania.
- No criminal penalties exist for attempting a first cousin marriage in Pennsylvania, but the union is void or voidable.
- Health and religious considerations may also impact cousin marriages, regardless of civil law.
If you are considering marriage to a cousin and have questions about your specific situation, it is advisable to consult a qualified attorney familiar with Pennsylvania family law.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://dataminingdna.com/can-first-cousins-marry-in-pennsylvania/
- https://www.bbc.com/news/articles/c241pn09qqjo
- https://ideas.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1876&context=dlra
- https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/
