Legal Status of Cousin Marriage in Hawaii
In Hawaii, it is perfectly legal to marry your cousin. The state does not have any laws prohibiting marriages between cousins, including first cousins, second cousins, or more distant relatives.
Unlike many other states in the U.S. that restrict or even forbid cousin marriages, Hawaii allows such unions without any special conditions or restrictions. The law focuses on banning marriages between closer blood relatives, such as siblings (including half-siblings), parents and children, and certain other close familial relationships.
Understanding Hawaii’s Marriage Laws
Hawaii’s marriage laws permit marriages between two consenting adults who are not closely related by direct blood. The prohibited relationships include ancestors and descendants of any degree, siblings of either half or whole blood, and uncle-niece or aunt-nephew relationships.
First cousins do not fall under these prohibited categories, so their marriage is legally recognized and allowed.
Couples who are first cousins intending to marry in Hawaii must apply for a marriage license. During the application process, the couple may be asked about their familial relationship and need to clarify that they are cousins. However, this does not prevent the issuance of a marriage license.
No Residency Requirement and Marriage License Process
Hawaii is known as a popular wedding destination because it allows both residents and non-residents to marry within the state without residency restrictions. This means you do not need to be a Hawaii resident or even a U.S. citizen to marry there, which adds to the state’s appeal for cousin couples planning a wedding.
To get married, couples must apply for a marriage license in person, usually at the Department of Health in Honolulu or other licensed offices on the islands. The application must be signed in the presence of a clerk. The process cannot be done online or by mail.
Types of Cousin Marriages Allowed
Hawaii permits marriage between various cousin relationships, including:
First cousins
First cousins once removed
Second cousins
More distant cousins
This broad allowance highlights how Hawaii’s laws are more relaxed compared to many other states where cousin marriages are often restricted or banned.
Prohibited Relationships in Hawaii Marriage Law
While cousin marriages are allowed, Hawaii does place restrictions on certain close relationships, such as:
Siblings (full or half-blood)
Parent and child (any degree)
Uncle and niece or aunt and nephew (whether legitimate or illegitimate)
Bigamous marriages where one or both parties are already married
These restrictions are primarily in place to prevent genetic and social complications that might arise from closer family unions.
Why Are Cousin Marriages Allowed in Hawaii?
Hawaii’s allowance of cousin marriage is rooted in the legal distinction between close and more distant familial relationships. Cousins are generally considered sufficiently distant relatives, and thus marriage between them does not fall into the prohibited category. The state aims to balance social norms, personal freedoms, and potential health concerns, and currently does not see first cousin marriage as a legal issue needing restriction.
Religious Considerations
For couples planning to wed in a religious ceremony, it’s important to note that some religious institutions, such as the Catholic Church, may have their own rules about cousin marriages. While the state permits such marriages, churches may require special permissions or dispensations.
Summary
Marrying your cousin is legal in Hawaii. This includes first cousins and more distant cousin relationships.
Marriage licenses require disclosure of cousin relationships but do not restrict cousin marriages.
No residency requirement to marry in Hawaii makes it easy for non-residents to marry there.
Closer familial marriages are prohibited, including siblings, parent-child, and uncle-niece unions.
Hawaii’s laws focus on preventing very close family marriages while permitting cousin unions.
Hawaii stands out as one of the more permissive states regarding cousin marriage laws, prioritizing legal clarity, personal freedom, and a straightforward marriage licensing process for all couples wishing to wed in the Aloha State.
Sources
[1] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[2] https://www.reddit.com/r/MapPorn/comments/ulycyl/cousin_marriage_legality_around_the_world/
[3] https://dataminingdna.com/can-first-cousins-marry-in-hawaii/
[4] https://emrs.ehawaii.gov/emrs/public/faq.html
[5] https://health.hawaii.gov/vitalrecords/marriage-licenses/
