First Cousin Marriage: Explicitly Prohibited
Oklahoma law clearly prohibits marriage between first cousins. According to Title 43, Section 2 of the Oklahoma Statutes, marriages between first cousins are declared “incestuous, illegal and void, and are expressly prohibited.”
This statute also bans marriages between ancestors and descendants, siblings, uncles and nieces, and aunts and nephews, except in cases where the relationship is only by marriage and not by blood. The primary intent of these laws is to prevent incestuous relationships and protect public health and welfare.
Recognition of Out-of-State First Cousin Marriages
Despite the strict prohibition within Oklahoma, there is a notable exception. If first cousins are legally married in another state where such a union is permitted, Oklahoma will recognize that marriage as valid and binding from the date it was performed.
This means that while you cannot obtain a marriage license or legally marry your first cousin in Oklahoma, a first cousin marriage performed in a state that allows it will be recognized if you move to Oklahoma.
Criminal Implications
In Oklahoma, not only is first cousin marriage void, but entering into such a marriage within the state could also have criminal implications. The law treats these unions as incestuous, and in some contexts, sexual relationships between first cousins may be prosecuted as felonies.
However, the primary legal focus is on preventing the marriage itself rather than criminalizing the relationship if it originates elsewhere and is legally recognized.
Exceptions and Other Relationships
Oklahoma’s consanguinity laws are primarily concerned with blood relations. Marriages between relatives by marriage (such as a step-uncle and step-niece) may be permitted, provided there is no blood relation.
Second cousin marriages are not prohibited by Oklahoma law, as the statute specifically targets first cousins and closer relations.
To summarize, it is illegal to marry your first cousin in Oklahoma. The state will not issue a marriage license for such unions, and any marriage performed within Oklahoma between first cousins is considered void and incestuous under the law.
However, Oklahoma does recognize first cousin marriages that are legally performed in other states. For those considering marriage to a cousin, it is essential to understand these legal distinctions and the potential consequences of violating Oklahoma’s marriage statutes.
Sources
[1] https://www.theoklahomacityattorney.com/oklahoma-city-lawyer-blog/whos-ineligible-for-marriage-in-oklahoma-know-the-law/
[2] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[3] https://en.wikipedia.org/wiki/Cousin_marriage
[4] https://www.legalmatch.com/law-library/article/cousin-marriage-laws.html
[5] https://law.justia.com/codes/oklahoma/title-43/section-43-2/
