In Illinois, it is illegal for first cousins to marry, with specific exceptions. Here’s a detailed overview of the law regarding cousin marriages in the state:
Legal Restrictions on Cousin Marriages
- Prohibition of First Cousin Marriages: Under Illinois law, marriages between first cousins are generally prohibited and considered void. This is outlined in the Illinois Marriage and Dissolution of Marriage Act, specifically under 750 ILCS 5/212(a)(4).
- Exceptions to the Rule: There are two notable exceptions that allow first cousins to marry:
- Age Requirement: Both parties must be 50 years of age or older.
- Sterility Certification: If either party is certified as permanently and irreversibly sterile by a licensed physician, this certification must be submitted when applying for a marriage license.
- Second Cousins and Beyond: There are no legal restrictions on marriages between second cousins or more distant relatives in Illinois. Such marriages are fully legal and recognized.
Context and Implications
- Cultural Perspectives: While cousin marriages may be viewed as taboo in many parts of the United States, they are legal in several states, including California and Alabama. In contrast, Illinois has stricter regulations primarily aimed at first cousins due to concerns about potential genetic risks associated with intermarriage.
- Legal Validity of Out-of-State Marriages: If a couple were to marry in another state where cousin marriage is legal, Illinois does not recognize such marriages if they are between first cousins and the couple resides in Illinois. This means that even if the marriage is valid where it was contracted, it would be considered void upon returning to Illinois.
Conclusion
In summary, while first cousin marriages are illegal in Illinois with limited exceptions based on age and sterility, second cousins can marry without any legal barriers. The state’s laws reflect broader societal concerns about genetic implications and cultural norms surrounding cousin marriages.
Sources
- https://casetext.com/admin-law/in-the-matter-of-hirabayashi
- https://www.bnd.com/news/state/illinois/article284904242.html
- https://www.reddit.com/r/immigration/comments/vupwva/i_am_an_american_citizen_and_live_in_illinois_i/
- https://www.ilga.gov/legislation/ilcs/documents/075000050K212.htm
- https://www.ssa.gov/OP_Home/rulings/oasi/53/SSR63-20-oasi-53.html