In Idaho, it is illegal to marry your first cousin. The law is clear and unambiguous: all marriages between first cousins are prohibited by state statute. This prohibition is found in Idaho Code Section 32-206, which states, “All marriages between first cousins are prohibited”. This means that, regardless of age, circumstances, or parental consent, you cannot legally marry your first cousin in Idaho.
What the Law Says
Idaho’s marriage statutes specifically list relationships that are off-limits for marriage. These include not only first cousins, but also closer relatives such as siblings, parents and children, ancestors and descendants, and uncles/aunts with nieces/nephews. The law is designed to prevent marriages within close degrees of consanguinity (blood relation), and first cousins fall within this prohibited category.
Criminal Penalties
The prohibition is not merely a technicality; Idaho law also criminalizes incestuous relationships. According to Idaho Code Section 18-6602, persons who are within the degrees of relationship where marriage is declared void—including first cousins—who intermarry or engage in sexual relations can be charged with a felony and face severe penalties, including imprisonment for up to life. This underscores the seriousness with which Idaho treats violations of its marriage and family laws.
What About Other Cousins?
While first cousin marriage is strictly forbidden, the law does not prohibit marriage between second cousins or more distant relatives. If you wish to marry your second or third cousin in Idaho, you are legally allowed to do so.
Out-of-State Marriages
Some states allow first cousins to marry under certain conditions, such as age or infertility. However, Idaho does not recognize first cousin marriages performed in other states if the couple resides in Idaho or intends to evade Idaho’s marriage laws by marrying elsewhere and returning. This means that even if you legally marry your first cousin in a state where such unions are permitted, Idaho will not recognize the marriage if you are residents of Idaho.
Idaho’s Law on Cousin Marriage
| Relationship | Marriage Legal in Idaho? | Notes |
|---|---|---|
| First Cousin | No | Explicitly prohibited by state law |
| Second Cousin | Yes | Legal |
| More Distant | Yes | Legal |
| Out-of-State | No | Not recognized if Idaho residents |
Idaho law strictly prohibits marriage between first cousins, and violators may face serious criminal consequences. Marriages between second cousins or more distant relatives are permitted. If you are considering marrying a cousin and live in Idaho, it is essential to understand these legal boundaries to avoid invalid or illegal unions. Always consult Idaho’s current statutes or a qualified attorney for the most up-to-date legal advice.
SOURCES:-
[1] https://legislature.idaho.gov/statutesrules/idstat/title32/t32ch2/sect32-206/
[2] https://1035kissfmboise.com/can-you-legally-marry-your-cousin-in-idaho/
[3] https://law.justia.com/codes/idaho/2021/title-18/chapter-66/section-18-6602/
[4] https://getordained.org/state-marriage-laws/idaho
[5] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
