Marrying your first cousin is illegal in Arkansas under state law, which explicitly declares such unions incestuous and void. Arkansas Code § 9-11-106 lists first cousins alongside parents/children, siblings, and aunts/uncles with their nephews/nieces as prohibited relationships for marriage.
Arkansas Marriage Statute
Arkansas Code § 9-11-106(a) states: “All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous and absolutely void.” This leaves no exceptions for age, fertility, or other factors.
The law targets first cousins specifically, placing them in the same category as closer relatives. County clerks deny marriage licenses to applicants in these relationships, preventing ceremonies from proceeding legally.
Penalties apply: Those knowingly entering or solemnizing such a marriage face misdemeanor charges, with fines or jail time at court discretion. No felony upgrades unless tied to other crimes.
Distinctions for Other Cousins
First cousins once removed (children of first cousins), second cousins, half-cousins, or adopted cousins fall outside the prohibition. These more distant relations can legally marry, as the statute does not name them.
Cohabitation and consensual sexual relations between first cousins remain legal for adults—no criminalization beyond the marriage ban. Arkansas prioritizes prohibiting formal unions over private relationships.
Out-of-State Marriages
Arkansas does not recognize first-cousin marriages performed elsewhere, even in states like California or New York where they are legal. Returning residents find their union void for inheritance, custody, or divorce purposes under Arkansas law.
This non-recognition stems from public policy against incestuous degrees of consanguinity. Courts uphold the statute strictly.
Historical and Genetic Context
Arkansas codified this ban amid 19th-20th century U.S. trends, influenced by eugenics-era concerns over genetic risks in offspring. First-cousin unions raise recessive disorder odds (e.g., cystic fibrosis) by 3-4% over baseline, per genetic studies—though absolute risks stay low.
All 50 states regulate cousin marriage; 25 ban first cousins outright, like Arkansas. Reforms in states like Arizona allow it only for those 65+ or infertile.
Social stigma persists in the South, rooted in religious and cultural norms, despite legal clarity.
Legal Process for Marriage
Standard requirements apply to permitted couples:
Blood tests ended in 2007; fees run $50-100. Same-sex marriage legalized post-Obergefell (2015).
Penalties and Defenses
| Violation | Penalty |
|---|---|
| Attempting first-cousin marriage | Misdemeanor: Fine/jail (discretionary) |
| Officiant solemnizing it | Same misdemeanor |
| Void marriage effects | No inheritance rights; custody complications |
Defenses: Prove non-first-cousin relation via genealogy; challenge via affidavit. Records sealable post-dissolution.
Comparisons Across States
| State Category | Examples |
|---|---|
| Bans First Cousins | Arkansas, Nevada, Texas (24 states total) |
| Allows with Limits | Arizona (65+ or infertile), Utah (genetic counseling) |
| Fully Permits | California, New York, Florida |
Arkansas aligns with conservative Southern states; neighboring Texas and Louisiana also ban.
Practical Advice
- Verify relation: Use family trees or DNA tests (e.g., AncestryDNA) before applying.
- For distant cousins: Proceed normally; clerks rarely probe beyond affidavits.
- Legal aid: Consult Arkansas Bar or family attorneys for edge cases.
- Tourists/residents: Out-of-state couples note non-recognition risks.
Social and Health Implications
Beyond law, 90% of Americans view first-cousin marriage as wrong (Gallup). Genetic counseling recommended for any close relations—risks compound across generations.
SOURCES:
- https://law.justia.com/codes/arkansas/title-9/subtitle-2/chapter-11/subchapter-1/section-9-11-106/
- https://thewrangler.com/are-cousin-marriages-legal-in-arkansas-heres-what-you-should-know/2025/06/23/
