No marriage shall be contracted between persons who are nearer of kin to each other by consanguinity, whether of the whole or half-blood, than second cousins. Marriages prohibited by subsection (1) of this section are incestuous and void.”
This means that marriages between first cousins, as well as between first cousins once removed, are not permitted in Kentucky. The law applies equally to relationships through both parents (whole-blood) and half-siblings (half-blood). Kentucky and Nevada are the only two states that go so far as to also prohibit marriages between second cousins.
Legal Consequences
Attempting to marry your first cousin in Kentucky is not just a matter of invalid paperwork-it is classified as a misdemeanor. Individuals found in violation of this law may face legal penalties, including fines or even jail time.The marriage itself is considered “incestuous and void,” meaning it has no legal standing from the outset.
Recognition of Out-of-State Marriages
Kentucky does not recognize cousin marriages performed in other states where such unions might be legal. If a couple marries as first cousins elsewhere and then moves to Kentucky, their marriage will not be recognized by Kentucky law.
Historical and Legislative Context
Kentucky’s prohibition on cousin marriage dates back to 1946, when the state revised its marriage legislation to explicitly bar unions between first and second cousins. Recent legislative efforts to change or clarify these laws have not succeeded; for example, a 2024 proposal that would have inadvertently removed first cousins from the list of prohibited relationships was quickly corrected after public attention.
Comparison to Neighboring States
Neighboring states have varying laws on cousin marriage. For example, Virginia allows first cousin marriages, while Illinois and Indiana permit them under certain conditions, such as age or proof of sterility. Kentucky, by contrast, maintains one of the strictest stances in the U.S.
- First cousin marriages are illegal in Kentucky.
- The law also prohibits marriage between first cousins once removed and, uniquely, between second cousins.
- Such marriages are void and considered incestuous, with potential legal penalties for those who attempt them.
- Kentucky does not recognize cousin marriages performed in other states
If you are considering marriage in Kentucky and have questions about family relationships, it is essential to consult the current statutes or seek legal advice to ensure compliance with state law.
