The topic of marrying a cousin often raises a lot of questions and concerns, especially when it comes to the legal side of things. In Kentucky, as in many other states, the law has set clear rules on this matter. Here’s a look at what the law in Kentucky says about cousin marriages and how it compares to neighboring states.
What Does the Law Say About Cousin Marriages in Kentucky?
In Kentucky, it is illegal for cousins to marry. This law dates back to 1946, when the state amended its marriage laws to make marriages between first and second cousins incestuous and void.
As a result, Kentucky considers cousin marriages illegal, and such marriages are not recognized by the state. This makes Kentucky one of the states that restricts consanguineous marriages (marriages between family members) in this way.
How Does Kentucky Compare to Other States?
Kentucky is not the only state with such laws. However, it is one of the more strict ones when it comes to prohibiting cousin marriages. Some states, like Virginia, allow cousins to marry with no restrictions. Others, such as Illinois and Indiana, permit cousin marriages, but with certain conditions.
These conditions are mostly designed to reduce the risks of inbreeding and birth defects.
Virginia: Full Approval for Cousin Marriages
Virginia allows cousin marriages without any restrictions. So, if you are a cousin in Virginia, you can legally marry your cousin without concern for state laws against it.
Illinois and Indiana: Restrictions Based on Age and Fertility
In Illinois and Indiana, cousins can marry under specific conditions. The law primarily focuses on reducing the potential risks of genetic issues. For example:
Illinois: Cousins can marry if they are over 50 years old. If they are younger than 50, they can marry if they can show proof from a doctor that one or both partners are permanently sterile and cannot have children.
Indiana: Cousins can marry if they are over 65 years old, again due to the concern about potential birth defects and the likelihood of not having children.
Tennessee: A Shift in the Law
In Tennessee, cousin marriage was legal until recently. However, in April 2024, the law changed, and cousin marriages were no longer allowed.
Before the change, lawmakers discussed allowing cousin marriages under specific conditions, such as requiring couples to see a genetic counselor to understand the risks involved. This approach was similar to a proposed amendment in Kentucky but was not included in the final law.
Why Are Cousin Marriages Controversial?
The reason cousin marriages are often banned is due to concerns about inbreeding and the increased risk of birth defects in children born from such marriages.
Research, such as from the Journal of Genetic Counseling, suggests that the risk of birth defects in children of first cousins is between 1.7% to 2.8% higher than for children born to unrelated parents.
This is why many states have laws designed to prevent cousin marriages, particularly when it comes to protecting the health of future children.
Penalties for Marrying Your Cousin in Kentucky
In Kentucky, cousin marriages are considered a misdemeanor and can result in legal penalties. These penalties can include fines or even jail time. While it might seem like a simple personal decision for some, the state views it as serious enough to carry legal consequences.
In Kentucky, marrying your cousin is illegal and can lead to penalties, including jail time or fines. The law was updated in 1946 to prevent cousin marriages, reflecting concerns about inbreeding.
While Kentucky is more restrictive than some neighboring states, such as Virginia, Illinois, and Indiana, it is important to be aware of the legal consequences of this type of marriage. Always check your local laws before making any significant life decisions that may have legal implications.
