Kentucky has some of the strictest laws in the United States regarding cousin marriage. If you are considering marrying a cousin or are curious about the legal landscape, here is a comprehensive overview of the law, its history, and its implications.
Current Legal Status
- First Cousin Marriage: It is illegal for first cousins to marry in Kentucky. The law explicitly prohibits marriage between persons who are “nearer of kin to each other by consanguinity, whether of the whole or half-blood, than second cousins”. This means that first cousins, half-first cousins, and first cousins once removed are all barred from marrying in the state.
- Second Cousin Marriage: Marriages between second cousins and more distant relatives are permitted.
- No Exceptions: Unlike some states that allow cousin marriages under certain conditions (such as age, infertility, or genetic counseling), Kentucky has a blanket ban with no exceptions.
Recognition of Out-of-State Cousin Marriages
Kentucky does not recognize cousin marriages performed in other states if the relationship would be prohibited under Kentucky law. For example, if two first cousins marry legally in a state where such unions are allowed and then move to Kentucky, their marriage will not be recognized.
Statutory Basis and Definitions
The relevant law is found in Kentucky Revised Statutes (KRS) 402.010:
“No marriage shall be contracted between persons who are nearer of kin to each other by consanguinity, whether of the whole or half-blood, than second cousins. Marriages prohibited by this section are incestuous and void.”
The statute is interpreted to include all forms of first cousin relationships, including half-cousins and first cousins once removed.
Historical Context
Kentucky’s prohibition on cousin marriage dates back to 1946, when the state revised its marriage laws to classify marriages between first and second cousins as incestuous and void. This move aligned Kentucky with a majority of U.S. states that restrict cousin marriages, largely due to concerns about genetic risks to offspring and social norms at the time.
Legal and Social Rationale
The primary rationale for the ban is to protect against potential genetic mutations that may result from incestuous relationships, as well as to uphold certain social and familial structures. While some legislators and genetic counselors note that the increased risk of birth defects from first cousin unions is present but not as high as commonly believed, Kentucky law does not provide for exceptions based on genetic counseling or infertility.
Penalties and Legal Consequences
- Incestuous and Void: Any marriage in violation of these laws is considered “incestuous and void” under state law.
- Criminal Penalties: Entering into a prohibited cousin marriage in Kentucky can be classified as a misdemeanor, with potential legal repercussions such as fines or imprisonment.
- No Proxy or Common Law Marriages: Kentucky does not permit proxy marriages or recognize common law marriages contracted within the state, though it may recognize common law marriages validly performed elsewhere (not including cousin marriages).
Comparison with Neighboring States
- Virginia: Allows first cousin marriages.
- Illinois and Indiana: Permit cousin marriages under certain restrictions (age or infertility).
- Tennessee: Recently banned first cousin marriages as of April 2024.
Kentucky Cousin Marriage Laws
| Relationship Type | Marriage Legal in Kentucky? | Recognized if Performed Out-of-State? |
|---|---|---|
| First Cousins | No | No |
| First Cousins Once Removed | No | No |
| Second Cousins | Yes | Yes |
| More Distant Cousins | Yes | Yes |
Key Takeaways
- Kentucky strictly prohibits marriage between first cousins, half-cousins, and first cousins once removed, with no exceptions.
- Second cousins and more distant relatives may legally marry in Kentucky.
- Kentucky does not recognize cousin marriages performed in other states if such unions would be illegal under Kentucky law.
- Violating these laws can result in the marriage being declared void and may carry criminal penalties.
If you are considering marriage in Kentucky and have questions about familial relationships, it is advisable to consult the Kentucky Revised Statutes or seek legal advice to ensure compliance with state law.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.yahoo.com/news/cousin-marriage-legal-kentucky-210000676.html
- https://www.ag.ky.gov/AG%20Publications/2023%20Update%20-%20Guide%20to%20Marriage%20Law.pdf
- https://publications.ca.uky.edu/files/fcs5442.pdf
- https://firstnationministry.org/us/guide/Kentucky%20Marriage%20Guide.pdf
