No, it is not legal to marry your first cousin in Nebraska if they are of whole blood. Nebraska law voids marriages between first cousins sharing both sets of grandparents, though half-blood first cousins and more distant relations are permitted.
Nebraska Statute Details
Nebraska Revised Statute § 42-103 declares marriages void when parties are related as parent/child, grandparent/grandchild, siblings (whole or half blood), first cousins when of whole blood, uncle/niece, or aunt/nephew. “Whole blood” means full siblings’ children; half-blood first cousins (from half-siblings) can marry legally.
The prohibition applies to legitimate and illegitimate births alike, with no age or fertility exceptions.
Distinctions by Relation
Half first cousins are allowed, as are second cousins, first cousins once removed, and beyond. Nebraska recognizes out-of-state first cousin marriages if valid where performed, per case law like Staley v. State (1911).
Wikipedia confirms: first cousin marriage disallowed; sexual relations/cohabitation allowed; out-of-state unions valid.
| Cousin Type | Allowed? | Notes |
|---|---|---|
| First (whole blood) | No | Void ab initio |
| First (half blood) | Yes | Shares one grandparent set |
| Second | Yes | Standard |
| Once removed | Yes | E.g., parent-child’s first cousin |
Legal Consequences
Void marriages hold no legal effect—no divorce needed, invalid for inheritance or spousal rights. Clerks refuse licenses for prohibited relations; post-marriage challenges possible via annulment.
No criminal penalties exist, unlike some states criminalizing cousin unions.
Historical and Practical Context
Nebraska’s law reflects 19th-century norms against close-kin unions, upheld without repeal. Couples often wed in permissive states like Iowa, gaining Nebraska recognition. Genetic counseling advised due to doubled recessive disorder risks (4-7% vs. 3-4% general).
County clerks verify via affidavits; consult for half-blood proofs. While enforceable, rare prosecutions occur absent fraud.
SOURCES:
- https://nebraskalegislature.gov/laws/statutes.php?statute=42-103
- https://dataminingdna.com/can-first-cousins-marry-in-nebraska/
