by Charleston, West Virginia – Cousin marriage is a subject that often sparks debate across the United States, with each state setting its own rules. In West Virginia, the law is firm: marriages between first cousins and double cousins are prohibited. The Mountain State enforces some of the strictest family relationship rules in the country, leaving no exceptions for close blood relatives.
What West Virginia Law Says
Under West Virginia Code §48-2-302, marriage is banned between individuals who share close family ties. This includes parents and children, siblings (including half-siblings), grandparents and grandchildren, aunts/uncles with nieces or nephews, and importantly, first cousins and double cousins.
According to The Hop Town Express, The statute makes the point explicit:
- A man may not marry his mother, grandmother, sister, daughter, granddaughter, half-sister, aunt, brother’s daughter, sister’s daughter, first cousin, or double cousin.
- A woman may not marry her father, grandfather, brother, son, grandson, half-brother, uncle, brother’s son, sister’s son, first cousin, or double cousin.
Simply put, first cousin marriages are illegal in West Virginia, regardless of circumstances.
What Counts as a Cousin Relationship?
To avoid confusion, it helps to define the terms used in the law:
- First Cousins: The children of siblings (for example, your aunt or uncle’s child).
- Double Cousins: A rarer case where siblings from one family marry siblings from another, making their children cousins through both sets of grandparents.
Both are included in West Virginia’s marriage ban.
Exceptions and Clarifications
The law makes a few important clarifications:
- Adopted cousins: If the cousin relationship exists only by adoption, the ban does not apply.
- More distant cousins: The restriction stops at first cousins and double cousins. Marriages between first cousins once removed, second cousins, third cousins, and beyond are legal in West Virginia.
This ensures that only the closest biological relationships are restricted.
Read Also: Iowa Cousin Marriage Laws 2025: What You Need to Know
Historical Background
Interestingly, West Virginia didn’t always have this restriction. When the state joined the Union in 1863, cousin marriages were allowed. The ban was enacted in 1955 and updated in 1986 to clarify adoption-based relationships were exempt.
The primary motivation was rooted in genetic concerns. Lawmakers cited the risk of autosomal recessive disorders and congenital health conditions in children born from close-relative unions. While modern research suggests these risks may be lower than historically believed, West Virginia has continued to uphold its strict ban.
The Marriage License Process
When applying for a marriage license in West Virginia, both applicants must disclose their relationship to one another. If the relationship is more distant than first cousins—such as second cousins—applicants may need to explain this to the clerk to avoid confusion. This safeguard is in place to ensure compliance with state law.
How West Virginia Compares
West Virginia is among 24 U.S. states that prohibit first cousin marriages outright. On the other side, 18 states allow them, sometimes with restrictions based on age or infertility.
Neighboring states reveal just how different the laws can be:
- Virginia: Allows first cousin marriages.
- Kentucky: Prohibits cousin marriages.
- Ohio: Also prohibits cousin marriages.
This patchwork of rules often surprises couples who may cross state lines without realizing the legal differences.
Final Word
To summarize, it is illegal to marry your first cousin or double cousin in West Virginia. The rule is strict, with no exceptions based on age, consent, or health conditions. However, marriages between more distant relatives, such as second cousins or adopted cousins, are fully legal.
Couples considering marriage in the Mountain State should carefully understand these restrictions before applying for a license.
Do you think West Virginia should keep its strict ban on cousin marriages, or modernize the law like some other states have? Share your thoughts in the comments at ibwhsmag.com.
