Marrying a cousin is a topic that often raises legal and social questions. In Louisiana, the law regarding cousin marriage is explicit, with clear prohibitions and some exceptions. Understanding the specifics of these statutes, the history behind them, and their practical implications helps clarify whether cousin marriage is allowed in the Pelican State.
Louisiana’s Law on Cousin Marriage
Louisiana law prohibits marriages between “collaterals within the fourth degree,” a legal term that includes first cousins. This means first cousins are not legally allowed to marry in Louisiana. The law specifies that this prohibition applies whether the persons are related by blood (consanguinity) or by adoption. The relevant legal provision is found under Louisiana Civil Code Article 90, which explicitly states:
Ascendants and descendants (direct ancestors and descendants) may not marry.
Collaterals within the fourth degree, either of whole or half blood, also may not contract marriage.
First cousins fall exactly within this fourth-degree collateral relationship and thus cannot legally marry in the state.
Exceptions and Other Relatives
While first cousins cannot marry, Louisiana law permits marriages between more distant relatives, such as first cousins once removed (for example, the child of your first cousin), second cousins, and beyond. These relationships fall outside the prohibited fourth degree and are therefore allowed under Louisiana law.
There is a nuanced aspect for persons related by adoption: if related within the fourth degree by adoption, marriage is generally prohibited unless they obtain judicial authorization to marry.
Recognition of Out-of-State Cousin Marriages
Louisiana courts have at times recognized cousin marriages legally solemnized outside the state, even if such marriages would not be valid under Louisiana law. For example, a notable court case involved the recognition of a first cousin marriage contracted in Iran, where the court acknowledged the marriage despite the state’s prohibition.
This recognition, however, is not guaranteed in all cases and tends to be evaluated based on Louisiana’s public policy considerations surrounding marriage validity.
Historical and Social Context
Historically, cousin marriage was more common and legally permissible in Louisiana. The explicit ban on first cousin marriage was introduced in 1902, reflecting shifting social norms and concerns about genetics and family structure. Louisiana’s laws, influenced by European (particularly French and Spanish) legal traditions, have maintained this ban consistently since then.
Implications for Couples Considering Cousin Marriage
For first cousins wishing to marry, Louisiana law does not permit it within the state, and couples would need to either marry in a jurisdiction where it is legal and understand the potential challenges of recognition upon moving to Louisiana or reconsider their plans.
Couples who are more distantly related, such as second cousins, face no such legal obstacles.
Summary
First cousins cannot legally marry in Louisiana.
The prohibition includes blood relations and adoption within the fourth degree.
Marriages between first cousins once removed and more distant relatives are allowed.
Louisiana may recognize cousin marriages conducted legally outside the state, depending on circumstances.
The ban on first cousin marriage dates back to 1902 and reflects legal and social considerations.
Marrying your first cousin is illegal in Louisiana under current laws. Those related more distantly may marry legally. Couples considering marriage should consult legal advice to understand all implications, especially regarding recognition of out-of-state marriages, family law, and community property issues.
This legal framework aims to balance family integrity, social norms, and genetic considerations while allowing room for more distant familial relationships to marry.
Sources
[1] https://dataminingdna.com/can-first-cousins-marry-in-louisiana/
[2] https://www.legis.la.gov/legis/Law.aspx?d=111053
[3] https://www.ulc.org/wedding-laws/louisiana
[4] https://conflictoflaws.net/2008/ghassemi-v-ghassemi-an-interesting-decision-from-the-louisiana-court-of-appeal/?print=print
[5] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
