Marrying a first cousin is illegal in Nebraska under state statutes that prohibit such unions as incestuous and void.
Legal Prohibitions
Nebraska Revised Statute § 42-103 explicitly voids marriages between parties related as first cousins of whole blood, alongside closer kin like parents, siblings, grandparents, aunts/uncles, and nieces/nephews.
“Whole blood” means full first cousins sharing both sets of grandparents; half-first cousins may be permitted, though county clerks confirm first cousins or closer cannot marry.
Out-of-state cousin marriages aren’t automatically recognized if they violate Nebraska’s rules upon residency. Minimum age is 17 with consent, but kinship bans apply regardless.
Exceptions and Variations
Second cousins, first cousins once removed, and more distant relations face no bans. No special waivers exist for age, fertility, or genetics—it’s a blanket prohibition.
Living together or sexual relations among first cousins isn’t criminalized, unlike marriage attempts.
Penalties and Enforcement
Attempted cousin marriages produce void licenses; no ceremony validates them. Bigamy risks arise if one party is unknowingly wed elsewhere. Clerks reject applications upfront, avoiding ceremonies.
Violations could trigger misdemeanor charges under related incest laws (Neb. Rev. Stat. § 28-703), with up to 5 years prison, though rare for marriage alone.
| Relationship | Marriage Allowed? | Notes |
|---|---|---|
| First Cousin (whole blood) | No | Void ab initio |
| Half First Cousin | Likely yes | Less clear; check clerk |
| Second Cousin | Yes | No restrictions |
| First Cousin Once Removed | Yes | Distant enough |
| Sibling/Aunt-Niece | No | Criminal incest |
Health and Social Context
Genetic risks for offspring rise 3-4% above baseline for first cousins, prompting counseling recommendations despite the ban. Culturally taboo in most U.S. communities, Nebraska aligns with 25 states banning first-cousin marriage.
Common-law marriages aren’t recognized post-1923, offering no workaround.
Practical Steps
Verify relations via genealogy before applying—counties like Lancaster enforce strictly. For distant cousins, standard licenses issue after ID, fees ($45+), and 1-day wait. Consult attorneys for edge cases like half-blood ties.
Nebraska prioritizes clear lineage barriers; cousin love stays platonic under law.
SOURCES :
- https://11points.com/11-state-laws-marrying-cousins-strictest-loosest/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
