In Arkansas, marriage between first cousins is strictly prohibited by law. According to Arkansas Code § 9-11-106, marriages between first cousins are explicitly declared “incestuous and absolutely void.”
This prohibition also extends to other close family relationships, including marriages between parents and children, siblings, grandparents and grandchildren, and uncles/aunts with nieces/nephews.
“All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous and absolutely void.”
Criminal Penalties
Not only are such marriages void, but Arkansas law also imposes criminal penalties for those who attempt to contract or solemnize a prohibited marriage. Anyone who knowingly enters into a marriage with a first cousin, or any other prohibited relative, can be charged with a misdemeanor, facing fines or imprisonment at the discretion of the court.
Other Family Relationships
- First Cousins Once-Removed, Half-Cousins, and Adopted Cousins: Arkansas law singles out first cousins for prohibition. Marriages between more distant relatives, such as first cousins once-removed, half-cousins, or cousins through adoption, are not specifically prohibited and may be legally permitted.
- Cohabitation and Sexual Relations: While first cousins cannot legally marry in Arkansas, they are allowed to cohabit and have sexual relations, as the law only voids the marriage itself and does not criminalize consensual adult relationships between cousins.
Recognition of Out-of-State Cousin Marriages
If Arkansas residents marry their first cousin in a state where such marriages are legal, Arkansas law does not recognize the marriage as valid within its borders. The marriage remains void in Arkansas, regardless of where it was performed.
Why Does Arkansas Prohibit Cousin Marriage?
The prohibition is rooted in concerns about genetic risks to offspring and longstanding social norms. Arkansas, like many other states, has determined that restricting marriages between close relatives serves the public interest by reducing the risk of inherited genetic disorders and maintaining clear family boundaries.
Summary Table: Arkansas Cousin Marriage Laws
| Relationship Type | Marriage Legal? | Notes |
|---|---|---|
| First Cousin | No | Marriage void and criminalized |
| First Cousin Once-Removed | Yes | Not specifically prohibited |
| Half-Cousin | Yes | Not specifically prohibited |
| Cousin by Adoption | Yes | Not specifically prohibited |
| Cohabitation/Sexual Relations | Yes | Legal for first cousins |
| Out-of-State First Cousin Marriage | No | Not recognized in Arkansas |
Key Takeaways
- First cousin marriage is illegal in Arkansas and such unions are declared void by state law.
- Attempting to marry a first cousin can result in criminal penalties for both the couple and the officiant.
- More distant cousin relationships (such as first cousin once-removed or half-cousins) are generally permitted.
- Arkansas does not recognize first cousin marriages performed in other states where such unions are legal.
- Cohabitation and consensual relationships between cousins are not criminalized, but marriage is not allowed.
If you are considering marrying your first cousin in Arkansas, the law is clear: such a marriage is not permitted and will not be recognized by the state. However, marriages between more distant cousins are typically allowed. Always consult the latest Arkansas statutes or a qualified attorney for specific legal advice regarding marriage laws in the state.
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.lawinfo.com/resources/family-law/arkansas/
- https://www.youtube.com/watch?v=k7jEyIHPacc
- https://theamm.org/marriage-laws/arkansas/309
