Marrying a first cousin is illegal in Kansas under state statutes that classify such unions as incestuous and void. The prohibition specifically targets first cousins, while more distant relatives like second cousins face no such ban.
Kansas Legal Prohibition
Kansas Statutes Annotated (K.S.A.) 23-2503 explicitly declares marriages between first cousins incestuous and absolutely void, alongside other close relations like parents-children, siblings, aunts-uncles, and nieces-nephews.
This law, rooted in 19th-century enactments around 1858, reflects concerns over genetic risks and social norms without providing exceptions for age, infertility, or counseling. Any attempt to obtain a marriage license for first cousins will be denied, rendering the union legally invalid.
Distinctions for Distant Cousins
Second cousins and beyond remain free to marry legally in Kansas, as the statute limits prohibitions to first-degree cousins sharing grandparents.
No genetic testing or disclosure requirements apply to these relationships, aligning with the state’s narrow focus on immediate consanguinity.
Out-of-State Marriages
Marriages between first cousins performed legally elsewhere are not automatically recognized as valid in Kansas, potentially complicating inheritance, divorce, or spousal rights.
Kansas courts treat such unions as void for in-state purposes, though cohabitation and sexual relations between first cousins are permitted without criminal penalty.
| Relationship | Legal to Marry in Kansas? | Statute Reference |
|---|---|---|
| First Cousins | No – Void as incestuous | K.S.A. 23-2503 |
| Second Cousins | Yes | None |
| Uncle/Niece | No – Void | K.S.A. 23-2503 |
| Out-of-State First Cousin Marriage | Not recognized | K.S.A. 23-2503 |
Historical and Genetic Context
Kansas enacted its ban early among U.S. states, driven by fears of recessive genetic disorders in offspring from close-kin unions, such as cystic fibrosis risks doubled compared to unrelated couples.
Social factors, including family role clarity, also influenced the law, though modern challenges question its constitutionality under privacy rights—none have overturned it yet.
Practical Implications
Violating the statute results in no criminal charges but a null marriage, affecting property rights or benefits; couples must pursue alternatives like common-law status where applicable.
For clarity, consult county clerks or the Kansas Revisor of Statutes site, as local enforcement remains consistent statewide.
SOURCES:
- https://legalclarity.org/cousin-marriage-laws-and-legal-considerations-in-kansas/
- https://agadari.com/is-it-illegal-to-marry-your-cousin-in-kansas-heres-what-the-law-says/
