by Little Rock, AR — The rules surrounding cousin marriage in the United States vary widely from state to state. In Arkansas, however, the law leaves little room for interpretation — marriage between first cousins is strictly prohibited.
Arkansas’ Clear Ban on First Cousin Marriage
Under Arkansas Code § 9-11-106, all marriages between first cousins are labeled as “incestuous and absolutely void.” This restriction applies whether the cousins are related by blood or through illegitimate lines. The law also bans marriage between other close relatives, including:
- Parent and child
- Grandparent and grandchild
- Siblings (whole or half-blood)
- Uncle and niece
- Aunt and nephew
Violating this statute is a criminal matter. Anyone who knowingly enters into or solemnizes such a marriage may be charged with a misdemeanor, with potential penalties including fines or imprisonment.
“These marriages are absolutely void under the law,” notes the Arkansas legal code, “and may be subject to criminal prosecution.”
What About Other Types of Cousins?
The strict ban applies only to first cousins. Arkansas law does not explicitly prohibit marriage between:
- First cousins once removed
- Second cousins
- Half-cousins
For these more distant relationships, the law is silent — meaning such marriages are generally considered legal, unless future legislation says otherwise.
Cohabitation and Relationships Are Not Criminalized
While first cousin marriage is illegal, Arkansas does not make it a crime for first cousins to cohabitate or engage in a romantic or sexual relationship. This means couples can live together or date without fear of prosecution, though they cannot legally marry within the state.
Out-of-State Marriages Won’t Be Recognized
Some states that ban cousin marriage still recognize marriages performed in states where it is legal. Arkansas does not follow this approach. Even if an Arkansas resident marries their first cousin in another state, the union is considered invalid upon returning home.
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Penalties for Violating the Law
Those who attempt or officiate a prohibited marriage can face misdemeanor charges. The court or jury determines the punishment, which may include fines, jail time, or both.
Legal Overview
| Relationship Type | Marriage Legal? | Cohabitation/Sexual Relations Legal? |
|---|---|---|
| First Cousin | No | Yes |
| First Cousin Once Removed | Not Prohibited | Yes |
| Second Cousin | Not Prohibited | Yes |
| Half-Cousin | Not Prohibited | Yes |
Social and Cultural Views
Even where cousin marriage is legal, cultural attitudes can vary widely. In some communities, cousin marriage is rare and socially frowned upon, while in others it is more accepted — sometimes even traditional. In Arkansas, strong social stigma often aligns with the legal prohibition, meaning couples could face both legal and social consequences.
“It’s not just about what the law says,” explains one family law attorney in Little Rock. “You have to think about the personal and cultural implications, especially in a state like Arkansas.”
Bottom Line
In Arkansas, marrying your first cousin is illegal and classified as incest under state law. While more distant cousin relationships are generally permitted, first cousin marriages are absolutely void and can result in misdemeanor charges for those involved. Couples considering such a relationship should consult updated legal guidance or a qualified attorney to ensure compliance with the law.
What do you think about Arkansas’ cousin marriage laws? Share your thoughts in the comments, and visit ibwhsmag.com for more legal insights and state-by-state law breakdowns.
