by Harrisburg, Pennsylvania – Questions about marriage between cousins often stir debate, with laws varying widely across the United States. In Pennsylvania, the rules are clear: marriage between first cousins is prohibited. But the issue gets complicated when you look at history, out-of-state marriages, and the difference between what is “void” and “voidable.”
Here’s a detailed look at how Pennsylvania law treats cousin marriage in 2025.
What Pennsylvania Law Says
Explicit Ban
Pennsylvania’s marriage statute directly addresses this issue:
- “A man may not marry his first cousin.”
- “A woman may not marry her first cousin.”
This law places first cousin marriages among the prohibited degrees of kinship, similar to bans on marriage between siblings, parents and children, or uncles and nieces.
Legal Status
If two first cousins attempt to marry in Pennsylvania, that marriage is considered void from the outset. In practice, the state will not recognize such a union as valid.
Historical and Legal Context
From Common Law to Statute
Historically, Pennsylvania once allowed first cousin marriages under common law. That changed with the Act of 1901, which formally banned such marriages. The prohibition was part of a broader public policy effort to prevent unions between close blood relatives.
Void vs. Voidable
Although the statute uses the word “void,” courts in Pennsylvania have sometimes clarified these marriages as “voidable.” That means if two cousins marry in violation of the law, they may need to go through annulment or divorce proceedings to fully resolve legal issues such as property rights or custody.
What About Out-of-State Marriages?
Here’s where things get tricky. In states like New Jersey or New York, first cousin marriage is legal. If Pennsylvania residents travel there, marry, and then return home, what happens?
- General Rule: Pennsylvania usually recognizes marriages that are valid in the state where they were performed.
- Public Policy Exception: Courts may refuse recognition if the marriage strongly violates Pennsylvania’s public policy.
That means while some cousin marriages from out-of-state could be recognized, there is a significant risk that Pennsylvania courts may strike them down if challenged.
Read Also: Iowa Cousin Marriage Laws 2025: What You Need to Know
Is It a Crime to Marry Your Cousin in Pennsylvania?
According to The Hop Town Express, Unlike some states, Pennsylvania does not impose criminal penalties for cousin marriages. There are no fines, jail sentences, or criminal records involved.
Instead, the consequence is strictly civil: the marriage itself is not recognized. Couples attempting it in Pennsylvania would find their union legally meaningless.
Other Relatives Covered by Pennsylvania Marriage Law
Pennsylvania prohibits marriages between several close family relationships, including:
- Parents and children
- Siblings
- Aunts/uncles with nieces/nephews
- First cousins (explicitly banned)
However, second cousins are allowed to marry legally.
Key Takeaways
- First cousin marriages are illegal in Pennsylvania.
- Such unions are void or voidable, meaning they carry no legal weight in the state.
- Out-of-state cousin marriages face a risk of being denied recognition if challenged in court.
- No criminal penalties exist, but the marriage won’t provide legal rights or protections.
- Second cousin marriages, by contrast, are fully legal.
Final Words
Marriage laws across the U.S. can be complicated, and cousin marriage is one of the most debated areas. In Pennsylvania, the line is clear: first cousin marriage is prohibited. Anyone considering such a union should understand not only the legal risks but also the potential lack of recognition if the marriage is performed elsewhere.
What do you think — should Pennsylvania recognize cousin marriages performed in other states, or should the ban stay firm? Share your thoughts in the comments at ibwhsmag.com.
