Yes, it is illegal to marry your first cousin in Ohio. Ohio law prohibits marriages between individuals who are “nearer of kin than second cousins,” which includes first cousins.
Details on Ohio Law
- Statutory Prohibition: According to the Ohio Revised Code, only individuals “not nearer of kin than second cousins” may legally marry in the state.
- First Cousins: Since first cousins are closer than second cousins, marriage between first cousins is not permitted under Ohio law..
- Second Cousins and Beyond: Marriages between second cousins or more distant relatives are allowed.
Legal Interpretation and Case Law
- Not Void, But Not Approved: While Ohio law does not expressly state that first cousin marriages are “void,” it does not approve them, and such marriages cannot be legally performed or recognized in Ohio.
- Out-of-State Marriages: If first cousins marry in a state where it is legal and then move to Ohio, the marriage may not be recognized, and legal complications can arise.
Table: Ohio Cousin Marriage Law
| Relationship | Legal to Marry in Ohio? | Notes |
|---|---|---|
| First Cousin | No | Prohibited by statute |
| Second Cousin | Yes | Permitted |
| First Cousin Once Removed | No | Also prohibited |
Key Takeaways
- First cousin marriage is not legal in Ohio.
- You cannot obtain a marriage license to marry your first cousin in Ohio.
- Marriages between second cousins or more distant relatives are permitted.
- If you are considering marriage to a cousin, consult legal counsel for up-to-date guidance, especially regarding recognition of out-of-state marriages.
If you have further questions about Ohio’s marriage laws, consult the Ohio Revised Code or a qualified attorney for the most current legal advice.
Sources
- https://codes.ohio.gov/ohio-revised-code/section-3101.01
- https://rklawyers.net/family-law/marriage-faq/
- https://www.ghmc.org/marriage/getting-married/marriage-requirements
- https://uclawreview.org/2022/07/27/shocking-truth-about-ohio-marital-law/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
