In Arkansas, it is illegal for first cousins to marry. This prohibition is explicitly stated in the state’s marriage laws, which classify marriages between first cousins as incestuous and void.
The law also extends to other close relationships, such as marriages between siblings and parents and children. However, marriages between more distant relatives, such as first cousins once removed, are permitted.
Legal Consequences
If a couple were to marry despite being first cousins, both parties could be charged with a misdemeanor. This applies not only to the individuals but also to any officiants who knowingly perform the marriage. Penalties may include fines or imprisonment, although there have been no recent documented convictions for such cases in Arkansas.
Recognition of Out-of-State Marriages
Interestingly, while Arkansas does not allow first cousin marriages within the state, it has recognized marriages that were legally performed in other states. A notable ruling by the Arkansas Supreme Court in 1986 validated an out-of-state marriage between first cousins, indicating that such unions would not cause significant social concern.
Summary
- First Cousin Marriage: Illegal in Arkansas.
- First Cousins Once Removed: Allowed.
- Legal Penalties: Misdemeanor for marrying or officiating without knowledge of the relationship.
- Out-of-State Recognition: Marriages between first cousins performed legally elsewhere may be recognized in Arkansas.
For those considering marriage with a cousin in Arkansas, it is advisable to consult legal counsel to navigate these complex laws effectively.
Sources:
- https://www.dataminingdna.com/can-first-cousins-marry-in-arkansas/
- https://theamm.org/marriage-laws/arkansas/309
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States