Yes, marrying your first cousin is illegal in Arkansas—state law declares such unions incestuous and void ab initio. This prohibition stems from Arkansas Code § 9-11-106, with no exceptions for age, fertility, or other factors.
Arkansas Code on Prohibited Marriages
Under § 9-11-106(a), marriages between first cousins join those between parents/children, siblings (half or whole blood), grandparents/grandchildren, uncles/nieces, and aunts/nephews as absolutely void. County clerks deny licenses for these relationships, preventing solemnization.
Out-of-state first cousin marriages gain no recognition in Arkansas, remaining invalid for inheritance, custody, or rights. More distant relations like first cousins once removed, half-cousins, or adoptive cousins face no explicit bans.
Criminal Penalties and Enforcement
Knowingly entering or officiating a first cousin marriage constitutes a misdemeanor, with courts imposing fines or jail time at discretion. No felony upgrades apply, but civil complications arise from void status.
Cohabitation or consensual relations between adult first cousins remain legal, as the statute targets marriage only. Enforcement relies on clerk diligence during licensing.
Rationale and Comparisons
Arkansas cites genetic risks to offspring and social norms for the ban, mirroring 24 other U.S. states with first cousin prohibitions. Unlike permissive states like California, Arkansas voids even valid foreign unions.
Practical Steps for Couples
Verify degrees of consanguinity via family trees before applying for licenses. Distant cousins proceed normally; first cousins explore common-law options elsewhere, though Arkansas ignores them.
Consult attorneys or the Arkansas Department of Health for case-specific guidance, as no 2026 amendments alter § 9-11-106.
SOURCES:
- https://thewrangler.com/are-cousin-marriages-legal-in-arkansas-heres-what-you-should-know/2025/06/23/
- https://thewrangler.com/is-it-illegal-to-marry-your-cousin-in-arkansas-heres-what-the-law-says/2025/06/06/
