First cousin marriage is illegal in Louisiana under Civil Code Article 90, which prohibits unions between collaterals within the fourth degree of kinship. Second cousins and more distant relatives face no such restrictions.
Legal Prohibitions
Louisiana Civil Code Art. 90 explicitly bars marriage between ascendants/descendants and collaterals within the fourth degree, including first cousins, whether by blood or adoption. This blanket rule, enacted around 1902, lacks exceptions for age or genetics, unlike some states. Courts uphold it strictly for in-state ceremonies.
Degree of Kinship Explained
Canon and civil law define “fourth degree collaterals” as siblings (2nd), aunt/uncle-niece/nephew (3rd), and first cousins (4th). Second cousins fall outside, permitting their marriages without issue. Adoption mirrors blood ties unless judicial waiver applies solely for non-blood collaterals.
Out-of-State Recognition
Louisiana may recognize first cousin marriages from permissive states or abroad if no strong public policy violation exists, as in the 2008 Ghassemi v. Ghassemi case involving an Iranian union. However, enforcement remains inconsistent; cohabitation or relations aren’t criminalized beyond incest statutes.
Penalties and Enforcement
Attempting a prohibited marriage voids the license; officiants risk misdemeanor charges, fines up to $500, or license revocation. No direct criminal penalty targets cousins seeking licenses, but fraud in applications carries perjury risks. Genetic counseling isn’t required, unlike states like Maine.
Historical Context
Pre-1902, Louisiana permitted first cousin unions influenced by French/Spanish traditions; modern bans align with U.S. trends against consanguinity due to health concerns. About 25 states ban first cousin marriage outright, placing Louisiana among stricter ones.
Broader Implications
Couples often pursue out-of-state options or double-cousin workarounds; genetic risks remain low (3-4% added defect chance) per studies. Consulting clerks or attorneys ensures compliance before applying.
SOURCES:
- https://dataminingdna.com/can-first-cousins-marry-in-louisiana/
- https://www.ulc.org/wedding-laws/louisiana
