No, it is not illegal to marry your cousin in Idaho if they are a second cousin or further removed, but first-cousin marriages are explicitly prohibited under Idaho law. Idaho Code § 32-206 states that all marriages between first cousins are prohibited, making such unions void from inception.
Idaho Marriage Prohibitions
Idaho Code Title 32, Chapter 2 outlines marriage validity, with § 32-206 targeting first cousins—those sharing the same grandparents—as incestuous for legal purposes.
Second cousins (sharing great-grandparents) and beyond face no restrictions, aligning with all U.S. states allowing these unions.
No exceptions exist for age, fertility, or court approval, unlike neighboring Utah, which permits first-cousin marriage post-55 with sterility proof.
Definitions and Degrees
- First cousins: Children of siblings (e.g., your aunt/uncle’s kids).
- Second cousins: Children of first cousins (share great-grandparents).
- First cousin once removed: Your parent’s first cousin or your first cousin’s child.
Idaho voids marriages nearer than second cousins, but sexual relations among adults remain unregulated absent coercion.
National Context
Idaho joins 24 states banning first-cousin marriage; 19 allow it outright, six with conditions (e.g., age 50+ or infertility), and Hawaii permits all.
Bans stem from 19th-century eugenics concerns over genetic risks (4-7% higher birth defect odds), though modern data shows minimal population-level impact.
Out-of-state first-cousin marriages by Idaho residents are not automatically recognized but may hold via comity if valid elsewhere.
Penalties and Enforcement
Violating § 32-205 (prohibited relations) renders marriage invalid; no criminal penalty attaches to solemnization alone.
Bigamy or fraud in licensing incurs misdemeanor charges (§ 18-6601: up to 5 years prison), but cousin checks rely on self-certification at county clerks.
Annulment is available anytime for void marriages (§ 32-501), with paternity/child support unaffected.
Licensing Process
Apply at any county clerk (e.g., Ada County: $30 fee, 3-day wait); provide ID, swear no closer kinship than second cousins.
No blood tests or genetic affidavits required since 1980s reforms; officiants face no liability for good-faith ceremonies.
Common-law marriages from other states are recognized if proven (cohabitation + repute).
Practical Implications
Rare in Idaho (under 0.2% of marriages per CDC), cousin unions spark few challenges; genealogy apps aid verification.
Adopted or half-cousins follow biological ties; step-relations are unrestricted.
For border crossers, Utah offers first-cousin options 1-2 hours south, but Idaho may not honor for inheritance/divorce.
Genetic and Social Facts
First-cousin offspring face doubled recessive disorder risk (e.g., cystic fibrosis), per NIH studies, but absolute rates stay low (3-6%).
Cultural acceptance varies globally (Pakistan: 60% endogamous), but U.S. stigma persists despite legality in half the states.
Advice for Couples
Verify lineage via family trees; consult clerks pre-application to avoid voidance.
Genetic counseling recommended for close relations, available via Idaho health departments.
SOURCES:
- https://law.justia.com/codes/idaho/title-32/chapter-2/section-32-206/
- https://1043wowcountry.com/cousin-wedding-idaho-2023/
