In the vast landscape of marriage laws in the United States, one of the most debated and often misunderstood topics is whether or not it’s legal to marry a cousin. While some U.S. states allow cousin marriages without restriction, others criminalize them, considering them a form of incest. Texas stands firmly on one side of that divide.
In this blog post, we dive deep into what Texas law says about cousin marriage, why it’s prohibited, how it compares to laws across the country, and what options are available for those affected. We also explore the scientific, cultural, and social dimensions of this controversial topic.
Understanding Cousin Relationships and Marriage Laws
To understand the legality, we must first clarify what “cousin” means in the legal context. In most jurisdictions, a first cousin is someone who shares a set of grandparents with you — meaning your parent’s sibling’s child.
Many states distinguish between degrees of consanguinity — or blood relation — when determining legality. In Texas, the law is quite clear: first cousins cannot legally marry, no matter the circumstances.
The Texas Family Code defines and regulates familial relationships, including prohibitions on marriage between persons who are too closely related. This includes relationships between parents and children, siblings, aunts/uncles and nieces/nephews, and importantly — first cousins.
What Texas Law Says About Cousin Marriage
Under Texas law, marriages between first cousins are prohibited and considered void. The Texas Family Code (Section 6.201) specifically states that “a marriage is void if one party to the marriage is related to the other as a first cousin or closer.”
This means that even if a marriage between first cousins is performed in another state or country where it’s legal, it may not be recognized in Texas.
Additionally, under the Texas Penal Code, sexual relations between certain relatives, including first cousins, may fall under the legal definition of prohibited sexual conduct, which can carry criminal penalties.
Why First Cousin Marriage Is Banned in Texas
There are several reasons Texas continues to uphold its ban on first cousin marriage:
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Historical Influence: The banning of cousin marriages in the U.S. gained momentum in the 19th and 20th centuries, often influenced by now-debunked theories about genetic purity and eugenics. These social and political ideologies significantly shaped state laws, including in Texas.
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Public Health Concerns: Though modern genetics has nuanced the debate, cousin marriages have historically been linked to concerns about higher risks of congenital disabilities in offspring. Texas lawmakers have cited this reasoning to maintain the ban.
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Moral and Religious Beliefs: Texas, particularly in more conservative or religious communities like Amarillo, Abilene, and Lubbock, tends to maintain traditional moral frameworks that view close-relative marriages as socially inappropriate or unethical.
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Public Policy Goals: Lawmakers argue that banning cousin marriage helps maintain clear boundaries within family structures, preventing exploitation and abuse in vulnerable family dynamics.
Criminal and Civil Consequences of Violating the Law
The legal consequences of violating Texas’s ban on cousin marriage can be both civil and criminal:
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Void Marriage: Even if a couple manages to obtain a marriage license in error or from another jurisdiction, the marriage is void under Texas law. This means it is legally nonexistent and carries no spousal rights — such as inheritance, property division, or spousal support.
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Criminal Charges: Engaging in sexual relations with a first cousin may also result in charges under the Texas Penal Code, potentially leading to a felony charge. Conviction could bring 2 to 20 years in prison and fines of up to $10,000.
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Social Services Investigation: In cities like Dallas, San Antonio, and Houston, reports of incestuous relationships (including cousin unions) can trigger investigations from Child Protective Services, especially if children are involved.
What If You Get Married to Your Cousin in Another State?
Some people wonder: “If cousin marriage is legal in a state like California or New York, and we move to Texas, are we still legally married?” The answer is complex.
Texas does not permit first cousin marriages to be performed within the state. However, if a couple legally marries in another state where cousin marriage is allowed, Texas may recognize the marriage for some purposes (like health insurance or inheritance) but will not allow sexual cohabitation within its borders under criminal incest statutes.
This legal gray area means that cousin couples married elsewhere but living in Texas may face unique challenges — ranging from inability to file joint state taxes to denial of marital privileges like hospital visitation or inheritance rights.
How Texas Compares to Other States
Cousin marriage laws vary across the U.S., creating a patchwork of regulations:
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States Where It Is Legal: States like California, New York, New Jersey, Florida, and Colorado allow cousin marriages without restrictions. Couples from cities like Los Angeles, Miami, and Denver can legally marry their cousins and enjoy full spousal rights.
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States With Restrictions: Some states, such as Arizona and Illinois, allow cousin marriages only if the couple is infertile or over a certain age.
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States That Ban It Like Texas: Texas is one of 24 states that ban first cousin marriages entirely. Others include Kentucky, Mississippi, and Washington.
Internationally, cousin marriage is much more common and widely accepted in regions like the Middle East, parts of Africa, South Asia, and among royal families historically in Europe.
Health and Genetic Concerns
One of the most cited reasons for banning cousin marriage is the risk of genetic disorders. However, science paints a more balanced picture:
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Genetic Risk: Children born to first cousins have a slightly higher risk — about 4% chance of birth defects compared to 2-3% in the general population. The increase exists but is not dramatic.
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Cultural and Medical Response: In countries like Pakistan and Saudi Arabia, where cousin marriage is common, genetic counseling is encouraged. Texas, however, has taken a more conservative approach by banning the practice altogether.
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Modern Medicine: With genetic testing and prenatal diagnostics more accessible, many experts argue that the risks can be mitigated responsibly.
Real-Life Impacts on Couples
For couples who are first cousins in Texas, the law can severely impact their lives:
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No Marriage Benefits: They are denied spousal rights such as hospital visitation, joint ownership, family insurance coverage, and legal decision-making.
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Parental Rights Issues: If children are born to cousin couples, legal custody could be challenged if one partner claims the relationship is invalid under law.
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Stigma and Social Exclusion: In smaller towns like Ingleside, Waco, or Midland, the social stigma can be even stronger than legal challenges. Families may ostracize the couple, or community members might report them to authorities.
Legal Alternatives for Cousin Couples in Texas
Couples who are first cousins but still wish to be together legally can consider a few workarounds:
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Marriage in Another State: Travel to a state like California, New York, or New Mexico where cousin marriage is legal. Note: this won’t always protect you in Texas, especially from criminal charges if you reside together.
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Domestic Partnership or Cohabitation Agreements: Though Texas does not formally recognize domestic partnerships between cousins, a private legal agreement can be used to share assets and define responsibilities.
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Power of Attorney and Estate Planning: Cousin couples can draft legal documents to allow health care decisions, inheritance planning, and property ownership.
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Relocation: For couples determined to live as spouses legally, relocating to a more permissive state remains a viable option.
Cultural and Ethical Considerations
The taboo surrounding cousin marriage is deeply rooted in cultural and religious belief systems:
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Religious Views: Some Christian sects discourage cousin marriages, while others — including certain Orthodox and Catholic traditions — allow it. In Islam, cousin marriage is often culturally and religiously accepted.
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Ethical Dilemma: Ethically, many people struggle with the idea, even if the risks are scientifically minimal. This creates tension between personal liberty and perceived societal norms.
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Media and Pop Culture: Cousin marriages are often depicted negatively in movies and television. This further reinforces public bias, especially in more conservative Texas cities like Tyler, College Station, and Odessa.
Frequently Asked Questions
Is it legal to date your cousin in Texas?
Yes, dating a cousin is not illegal. However, any sexual relationship may be prosecuted as incest if the individuals are first cousins.
What about second cousins?
Second cousin marriages are legal in Texas. The law only prohibits marriages between first cousins or closer relatives.
Can I be arrested for living with my first cousin?
Yes, if you are in a romantic or sexual relationship with a first cousin, you could face criminal charges under incest laws — especially if the relationship becomes public or is reported.
What if I marry my cousin outside the country?
Texas may not recognize the marriage, and you may still face criminal charges if you cohabit and engage in sexual activity while living in Texas.
Final Thoughts
Texas law is clear: first cousin marriages are prohibited and considered void. This is not just a bureaucratic detail — it can carry serious criminal and civil consequences. Whether you live in large cities like Houston and Austin or smaller towns like Ingleside or Kerrville, the ban applies equally.
For those in cousin relationships, options exist — including relocation, legal arrangements, and advocacy for reform. While social attitudes slowly evolve, Texas remains one of the stricter states on this issue.
Understanding the law is crucial for protecting your rights, your relationship, and your future. If you’re affected by these regulations, consult with a family law attorney to understand your specific risks and options.
Sorces:
🔹 Texas Laws & Statutes
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Texas Family Code – Section 6.201 (Prohibited Degrees of Relationship)
➤ https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.201 -
Texas Penal Code – Section 25.02 (Prohibited Sexual Conduct)
➤ https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.02
🔹 Health & Genetic Risk
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National Society of Genetic Counselors (Cousin Marriage Genetic Risks Overview)
➤ https://www.nsgc.org/page/genetic-counseling-awareness -
American Journal of Human Genetics – Study on Risks of Consanguineous Marriage
➤ https://www.cell.com/ajhg/fulltext/S0002-9297(13)00296-4
🔹 U.S. State-by-State Laws on Cousin Marriage
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National Conference of State Legislatures (NCSL): Cousin Marriage Laws in the U.S.
➤ https://www.ncsl.org/research/human-services/state-laws-regarding-marriages-between-first-cousins.aspx -
Cornell Law School – Legal Information Institute: Family Law Overview
➤ https://www.law.cornell.edu/wex/family_law
🔹 Marriage Recognition Laws
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U.S. Department of State – International Marriage Recognition by State
➤ https://travel.state.gov/content/travel/en/legal-considerations/us-marriage-laws/marriage.html
🔹 Cultural and Global Cousin Marriage Practices
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World Health Organization (WHO) – Community Genetics & Cultural Norms
➤ https://www.who.int/genomics/public/geneticdiseases/en/index2.html -
BBC – Why Is Cousin Marriage So Common in Some Cultures?
➤ https://www.bbc.com/news/uk-28986271
🔹 Legal Protections & Alternatives
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Texas Law Help – Marriage and Cohabitation Law Guide
➤ https://texaslawhelp.org/article/marriage-and-cohabitation -
American Bar Association – Power of Attorney and Healthcare Directives
➤ https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/
🔹 News & Case Examples
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Dallas Morning News – Texas Ban on Cousin Marriages Explained
➤ https://www.dallasnews.com/news/texas/2019/08/12/why-texas-still-bans-first-cousin-marriages/ -
Texas Tribune – Family Law Reform Debates
➤ https://www.texastribune.org/topics/family-law/
