Is It Illegal to Marry Your Cousin in Arkansas? Here’s What the Law Says

Is It Illegal to Marry Your Cousin in Arkansas? Here's What the Law Says

In Arkansas, it is illegal to marry your first cousin. The state’s laws explicitly prohibit such unions, categorizing them as incestuous and void.

This prohibition is part of Arkansas’ family law, which aims to protect the health and best interests of both parties to a marriage and those of the community.

Legal Framework

Arkansas Code § 9-11-106 clearly states that marriages between first cousins are declared to be incestuous and absolutely void.

This law extends to both legitimate and illegitimate children and relations. The statute not only prohibits such marriages but also imposes penalties on those who attempt to contract or solemnize them.

Scope of Prohibition

The ban on cousin marriages in Arkansas is not limited to first cousins. The law also prohibits marriages between:

  • Parents and children
  • Grandparents and grandchildren (of every degree)
  • Siblings (both full and half-blood)
  • Uncles and nieces
  • Aunts and nephews

Consequences of Violation

Violating this law is considered a misdemeanor in Arkansas. Both parties attempting to marry and anyone knowingly solemnizing such a marriage can face legal consequences. Upon conviction, they may be subject to fines, imprisonment, or both, at the discretion of the jury or the court.

Comparison with Other States

While Arkansas maintains a strict stance on cousin marriages, laws vary significantly across the United States. As of 2025, 24 states prohibit marriages between first cousins, while 19 states allow them. Some states have conditional allowances:

  • Maine permits first-cousin marriages if the couple agrees to genetic counseling
  • North Carolina allows it unless the couple are rare double first cousins
  • Arizona only allows it if both parties are 65 or older, or if one is infertile

Rationale Behind the Law

The prohibition of cousin marriages in Arkansas and other states is often rooted in concerns about genetic risks to offspring and historical social taboos. Some lawmakers and medical professionals argue that such marriages increase the risk of genetic disorders in children.

Cultural Considerations

It’s worth noting that cousin marriages are more common and accepted in some cultures. For instance, in certain Middle Eastern and North African countries, first-cousin marriages can account for up to 30% of all marriages. However, Arkansas law does not make exceptions based on cultural practices.

Conclusion

In summary, Arkansas law is unequivocal in its prohibition of first-cousin marriages. This stance aligns with the majority of U.S. states but contrasts with more permissive laws in some other parts of the country and the world.

While debates about the genetic risks and cultural aspects of cousin marriages continue, the legal landscape in Arkansas remains clear: marrying your first cousin is illegal and carries potential legal consequences.

Sources:

  • [1] https://www.lawinfo.com/resources/family-law/arkansas/
  • [2] https://owossoindependent.com/is-it-illegal-to-marry-your-cousin-in-arkansas-heres-what-the-law-says/
  • [3] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States