by Jackson, Mississippi — Mississippi has some of the strictest laws in the United States when it comes to marriage between relatives, especially first cousins. State law makes it clear that such marriages are not only prohibited but also legally void, even if performed elsewhere.
Here’s a detailed look at what the Mississippi Code says, how it applies to in-state and out-of-state marriages, and which relationships are allowed under the law.
First Cousin Marriage: Strictly Prohibited
Mississippi law, under Mississippi Code § 93-1-1, explicitly bans marriage between first cousins. The statute states that “the children of brother or sister, or brothers and sisters intermarry being first cousins by blood” cannot marry, labeling these unions as “incestuous and void”.
In simple terms, if two people share the same grandparents, they are considered first cousins, and they cannot legally marry in Mississippi. The law offers no exceptions based on age, infertility, or religion, which is different from some states that allow cousin marriage under certain circumstances.
Scope of the Ban
The ban applies equally to men and women and covers all relationships classified as first cousins by blood. It also extends beyond marriage to prohibit sexual relationships and cohabitation between first cousins.
Legal analysts point out that Mississippi’s law is among the most restrictive in the country, leaving no room for case-by-case exceptions.
Out-of-State Marriages Not Recognized
Even if a couple legally marries as first cousins in a state where it’s permitted, Mississippi will not recognize that marriage once the couple returns. The law specifically states that any attempt to evade the ban by marrying elsewhere and coming back to Mississippi is still prohibited.
This means there is no legal workaround for residents who wish to marry a first cousin by traveling to another state.
Other Cousin Relationships
While first cousin marriages are off-limits, the law is less restrictive for more distant relatives. For example:
- First cousins once removed (your cousin’s child or your parent’s cousin) can marry in Mississippi.
- Second cousins and more distant relatives are also legally allowed to marry.
One gray area is half first cousins — where the shared grandparent is a half-sibling to one parent. Legal experts recommend consulting an attorney in such cases, as the law does not explicitly address this scenario.
Applying for a Marriage License
When applying for a marriage license in Mississippi, applicants are not directly asked if they are related by blood. However, by signing the application, both parties legally affirm there is no prohibited relationship between them.
If it is later discovered that the marriage violates the law, it can be declared null and void, stripping away all legal rights and benefits normally associated with marriage.
Read Also: Cousin Marriage Laws in New Jersey: What’s Legal, What’s Not for First Cousins
Penalties and Legal Consequences
Any marriage between first cousins in Mississippi is legally invalid. As such:
- The marriage has no legal standing, and benefits like inheritance rights or spousal privileges will not apply.
- Attempting to bypass the law by marrying out of state offers no legal protection.
- Couples who marry in violation of the statute risk the marriage being voided by a court at any time.
Family law attorneys in Mississippi stress that ignorance of the law will not protect individuals from these consequences.
Why Mississippi Maintains the Ban
The strict prohibition reflects both historical legal traditions and cultural norms in the state. While some states have eased restrictions or created exceptions, Mississippi’s legislature has chosen to maintain an absolute ban, citing concerns about genetic risks and longstanding public policy.
Critics argue that the science on genetic risks is often overstated and that Mississippi’s stance is outdated. Supporters counter that the clarity of the law helps prevent legal disputes and maintains strong cultural boundaries.
Bottom Line
If you’re a Mississippi resident wondering whether you can marry your first cousin, the answer is simple: you cannot. The state’s law is clear, leaves no room for exceptions, and even blocks recognition of legal marriages from other states.
However, marriages between first cousins once removed, second cousins, or more distant relatives are legal. If you have any doubts about your situation, consulting a Mississippi family law attorney is the safest approach.
What’s your opinion on Mississippi’s marriage laws? Share your thoughts in the comments at ibwhsmag.com.
