In Texas, marrying your first cousin is not only illegal but also considered a criminal offense. This prohibition is part of the state’s laws regarding consanguineous marriages, which are marriages between close relatives.
The legal landscape surrounding cousin marriages varies significantly across the United States, with some states allowing such marriages under certain conditions and others banning them outright.
Texas Law on Cousin Marriages
Texas law explicitly prohibits marriages between first cousins. This prohibition is rooted in the state’s criminal code, which classifies sexual relations between first cousins as a felony. Engaging in sexual activity with a first cousin, whether married or not, can lead to severe penalties, including up to ten years in prison, a fine of up to $10,000, and mandatory registration as a sex offender.
Legal Alternatives and Considerations
While Texas does not allow first cousins to marry within the state, the situation becomes more complex if a couple marries in a state where such marriages are legal and then moves to Texas. In such cases, Texas does not recognize the marriage for legal purposes, and the couple may still face legal issues related to their relationship.
Recognition of Out-of-State Marriages
Texas does not recognize marriages between first cousins performed in other states where such marriages are legal. This means that even if a couple marries in a state like New Mexico or California, where first-cousin marriages are permitted, they would not be legally recognized in Texas. This lack of recognition can lead to complications in areas such as inheritance, property rights, and other legal matters.
Immigration Considerations
For immigration purposes, the validity of a first-cousin marriage depends on the laws of the state where the couple resides or intends to reside. If a couple marries in a state where first-cousin marriages are legal but plans to live in Texas, their marriage would not be recognized by Texas authorities, potentially affecting their immigration status.
Legal Alternatives and Considerations
Couples considering marrying in another state where first-cousin marriages are legal should consult with an attorney to understand the legal implications of such a marriage in Texas. Additionally, exploring alternative legal arrangements or seeking advice on immigration options may be necessary to navigate the complexities of their situation.
marrying your first cousin in Texas is illegal and considered a criminal offense. While some states allow such marriages under specific conditions, Texas does not recognize them, even if performed in another state. Understanding these legal nuances is crucial for couples navigating these complex family relationships.
SOURCES:-
- https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/
- https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/
- https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/
- https://www.avvo.com/legal-answers/what-are-the-rules-for-cousins-marrying-in-texas–930400.html