Yes, it is illegal for first cousins to marry in Arkansas. The law explicitly prohibits marriage between first cousins, declaring such unions “incestuous and absolutely void” under state statute.
What Arkansas Law Says
- Arkansas Code § 9-11-106 states that marriages between first cousins are “incestuous and absolutely void.” This prohibition also extends to other close relatives, including siblings, parents and children, aunts/uncles and nieces/nephews.
- Anyone who contracts such a marriage, or knowingly officiates it, is guilty of a misdemeanor and may face a fine, imprisonment, or both.
Are There Any Exceptions?
- No exceptions: Arkansas has a blanket ban on first cousin marriage. There are no age-based or medical exceptions (such as infertility), unlike in some other states.
- Other cousin relationships: Marriages between first cousins once removed (the child of your cousin) and more distant cousins are allowed.
Penalties
- Both spouses and the officiant are guilty of a misdemeanor if they knowingly enter or solemnize a first cousin marriage in Arkansas.
- Penalties may include a fine, imprisonment, or both, though recent convictions are rare.
What About Out-of-State Cousin Marriages?
- Recognition of Out-of-State Marriages: Arkansas does not have a statute explicitly voiding first cousin marriages performed legally in other states. In 1986, the Arkansas Supreme Court ruled that a first cousin marriage performed legally in another state (Texas) was valid when the couple returned to Arkansas.
- This means that while you cannot legally marry your first cousin in Arkansas, the state may recognize such a marriage if it was legally performed elsewhere.
Can First Cousins Cohabitate or Have Sexual Relations?
- First cousins in Arkansas are not allowed to marry, but they can legally have sexual relations and cohabitate.
Summary Table
| Relationship | Marriage Legal in Arkansas? | Notes |
|---|---|---|
| First Cousins | No | Marriage is void and a misdemeanor |
| First Cousins Once Removed | Yes | Allowed |
| Out-of-State First Cousin Marriage | Recognized | If legally performed elsewhere |
| Cohabitation/Sexual Relations | Yes | Legal for first cousins |
Key Takeaways
- First cousin marriage is illegal and void in Arkansas.
- There are no exceptions for age, infertility, or other circumstances.
- First cousin marriages performed legally in other states are recognized in Arkansas.
- First cousins can cohabit and have sexual relations, but not marry.
If you have specific legal concerns or are affected by these laws, consult a qualified attorney for guidance.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://dataminingdna.com/can-first-cousins-marry-in-arkansas/
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
- https://www.lawinfo.com/resources/family-law/arkansas/
- https://theamm.org/marriage-laws/arkansas/309
- https://codes.findlaw.com/ar/title-9-family-law/ar-code-sect-9-11-106/
