Marrying your first cousin is illegal in Texas and has been since 2005, when the state joined 23 other U.S. states in prohibiting such unions. The Texas Family Code explicitly classifies first cousin marriages as void, making the Lone Star State one of the more restrictive jurisdictions regarding consanguineous relationships. Understanding these laws is crucial for residents and couples considering marriage in Texas.
What Does Texas Law Say About Cousin Marriage?
Texas Family Code § 6.201 establishes that a marriage is void if one party is related to the other as “a parent’s brother or sister” or “a son or daughter of a brother or sister”. This legal language directly prohibits first cousins from marrying in Texas. The law applies to both whole blood and half-blood relationships, as well as adoptive relationships.
When applying for a marriage license in Texas, applicants must certify that they are not related as first cousins. County clerks are legally prohibited from issuing marriage licenses to couples who fail this requirement. This creates a practical barrier that prevents first cousin marriages from occurring legally within the state.
Criminal Penalties and Legal Consequences
Texas takes cousin marriage prohibitions seriously, making it one of eight states where such relationships can result in criminal charges. Under Texas Penal Code § 25.02, engaging in sexual intercourse with a first cousin constitutes a third-degree felony. Convicted individuals face severe penalties including imprisonment for 2 to 10 years and fines up to $10,000.
The criminal aspect creates a unique legal paradox for first cousins who marry legally in other states and then move to Texas. While Texas does not conduct first cousin marriages, legally married couples from other jurisdictions could theoretically face criminal prosecution for sexual intercourse within Texas. This was highlighted in a 2012 immigration case where two first cousins married in Indiana sought to relocate to Texas but could not obtain recognition of their marriage from the Texas Attorney General.
Second Cousin and More Distant Relationships
Texas law only prohibits marriages up to the third degree of consanguinity, which includes first cousins. Second cousins, third cousins, and more distant relatives are legally permitted to marry in Texas and throughout all 50 states. The degree of consanguinity defines how closely two people are related on a family tree, with closer relationships having higher consanguinity.
The third degree of consanguinity encompasses aunts and uncles, nieces and nephews, great-grandparents, and great-grandchildren. First cousins fall within this prohibited category. However, once the relationship extends beyond first cousins to second cousins or further, Texas law places no restrictions on marriage.
Health Risks and Genetic Considerations
The genetic risks associated with first cousin marriages have contributed to legislative decisions to ban such unions. Children born to first cousin parents face a 6% risk of inheriting autosomal recessive genetic disorders, compared to 3% in the general population. Research indicates that offspring of first cousin marriages experience a 1.7-2.8% increased risk of congenital defects above baseline population risk.
The risk of birth defects in children of first cousin marriages is estimated to be 2-2.5 times higher than in the general population. Studies have linked first cousin consanguinity with higher incidences of specific cardiac defects including pulmonary atresia, pulmonary stenosis, and ventricular septal defects. These health considerations have influenced public health perspectives and legislative approaches to cousin marriage regulations.
Despite these elevated risks, medical experts note that the absolute risk remains relatively modest. Children of consanguineous couples still have approximately a 94% chance of not inheriting autosomal recessive disorders. The medical community emphasizes informed decision-making rather than blanket prohibitions in many cases.
Historical Context of Cousin Marriage Laws
First cousin marriage was legal throughout the United States until relatively recently in historical terms. Texas didn’t ban cousin marriage until 2005, making it one of the last states to enact such restrictions. The first U.S. ban on cousin marriage occurred in Kansas in 1858, followed by several western states in the 1860s.
The rate of cousin marriage prohibition laws increased steadily until the mid-1920s, when the number of states banning such marriages had doubled from earlier decades. Only Kentucky in 1943, Maine in 1985, Texas in 2005, and Tennessee in 2024 have enacted bans since that period. This historical progression reflects changing cultural attitudes toward consanguineous relationships in American society.
The evolutionary perspective that gained prominence in 19th-century America categorized cousin marriage as a primitive practice to be avoided by “civilized” societies. This cultural shift distinguishes the United States from European countries, where cousin marriage remains legal in most jurisdictions despite both regions sharing similar genetic risk profiles.
How Common Is Cousin Marriage in America?
Cousin marriage remains extremely rare in the United States despite being legal in 18 states. An estimated 0.2% of marriages in America are between individuals who are second cousins or closer. This low prevalence may be influenced by the 25 states that ban first cousin marriage and seven additional states with restrictions on such unions.
The restrictive legal landscape may contribute to undercounting, as individuals in consanguineous relationships might be reluctant to disclose their family connections due to legal concerns and social stigma. Cultural attitudes in the United States heavily stigmatize cousin marriage compared to many other parts of the world where such unions are more socially accepted.
Recognition of Out-of-State Cousin Marriages
Texas maintains a strict stance on recognizing first cousin marriages performed in other states. While some states that ban cousin marriage will still recognize such unions if legally conducted elsewhere, Texas generally does not extend this recognition. This creates legal complications for couples who marry as first cousins in states where it’s permitted and subsequently attempt to establish residency in Texas.
The 2012 immigration case demonstrates Texas’s unwillingness to recognize cousin marriages from other jurisdictions for legal purposes. This rigid approach reflects the state’s strong public policy position against consanguineous marriages, even when such marriages are legally valid in their state of origin.
Common Law Marriage Considerations
Texas recognizes common law marriages, which do not require formal marriage licenses. This creates an interesting legal gray area regarding first cousins. Since Texas Family Code § 6.201 does not explicitly void cousin marriages on the basis of consanguinity alone, and common law marriage doesn’t require a county clerk to issue a license, some legal scholars argue that first cousins could theoretically establish a common law marriage in Texas.
However, this theoretical possibility remains largely academic because Texas Penal Code § 25.02 criminalizes sexual intercourse between first cousins. Therefore, even if a common law marriage were recognized, the couple would still face felony prosecution for any sexual relationship, making the practical application of this loophole virtually impossible.
Legal Advice and Resources
Anyone considering marriage with a relative or facing questions about the validity of an existing consanguineous marriage should consult with a qualified Texas family law attorney. The intersection of marriage law, criminal law, and interstate recognition creates complex legal scenarios that require professional guidance. Birth certificates, adoption papers, and other genealogical documents may be required to prove relationship status in legal proceedings.
For couples in first cousin marriages from other states considering relocation to Texas, understanding both the civil and criminal implications is essential before making such a move. The potential for criminal prosecution and lack of marriage recognition could significantly impact immigration applications, inheritance rights, medical decision-making authority, and other legal matters typically afforded to married couples.
Conclusion
First cousin marriage is definitively illegal in Texas under current state law, with both civil prohibitions and criminal penalties in place. Texas prohibits county clerks from issuing marriage licenses to first cousins and classifies sexual intercourse between first cousins as a felony offense. While second cousins and more distant relatives may legally marry, the strict stance on first cousin relationships reflects both historical cultural attitudes and contemporary public health considerations regarding genetic risks. Understanding these laws is essential for anyone with questions about consanguineous relationships in Texas.
Leave a Reply