Is It Illegal to Marry Your Cousin in Missouri? Here’s What the Law Says

The question of whether it is legal to marry your cousin arises surprisingly often, with the answer varying depending on location and the specific degree of relation. In the state of Missouri, the law surrounding cousin marriage holds some unique complexities.

Missouri’s Cousin Marriage Law

Missouri law explicitly prohibits marriage between first cousins. The relevant statute, Missouri Revised Statutes Section 451.020, states:

“All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, aunts and nephews, first cousins, white persons and Negroes, and between persons either of whom is insane, mentally imbecile, or mentally incapacitated, are prohibited and declared absolutely void.”

However, Missouri law does permit marriages between some more distant relatives, such as first cousins once-removed.

Understanding Degrees of Consanguinity

Consanguinity refers to the degree of blood relation between individuals. The following terms describe the most common familial relationships in this context:

  • First cousins: Share a set of grandparents
  • Second cousins: Share a set of great-grandparents
  • Third cousins: Share a set of great-great-grandparents
  • First cousins once-removed: One person is the first cousin of the other person’s parent (i.e., a significant age difference exists)

Historical and Cultural Shifts on Cousin Marriage

While marrying close relatives is now taboo in many Western societies, cousin marriage was historically quite common. Marriages between cousins were often arranged to consolidate power, preserve wealth within families, or maintain cultural and religious traditions. Prominent historical figures who married their cousins include:

  • Charles Darwin: Married his first cousin, Emma Wedgwood.
  • Albert Einstein: Married his second cousin, Elsa Einstein (though she was also his first cousin through another line).
  • Edgar Allan Poe: Married his 13-year-old first cousin, Virginia Clemm.

In the United States, laws against cousin marriage began appearing in the mid-19th century, fueled in part by concerns about genetic health risks to offspring. Currently, about half of U.S. states have laws prohibiting first-cousin marriage.

Genetic Risks and Considerations

The primary concern surrounding cousin marriage is the increased chance of passing recessive genetic disorders to offspring. All humans carry some harmful recessive genes. Since close relatives share a greater proportion of their genetic makeup, the likelihood of both parents carrying the same recessive gene increases. Children born from such unions have a higher chance of inheriting two copies of the recessive gene, leading to genetic disorders.

The actual risk, however, is often exaggerated. Studies suggest that the risk of birth defects or genetic diseases in children of first cousins increases by roughly 1.7 – 2.8% above the baseline population risk. While significant, it’s essential to put this in context – any couple has around a 3-4% chance of having a child with a birth defect.

Ethical Arguments For and Against Cousin Marriage

The debate surrounding cousin marriage often hinges on ethical considerations:

Arguments Against Cousin Marriage

  • Increased risk of genetic disorders: As described above, concern for the health of potential children is a primary argument.
  • Social taboo: In many cultures, cousin marriage is viewed negatively and carries significant social stigma.
  • Potential for abuse: There are worries that arranged cousin marriages could be exploitative, especially when involving minors or significant age gaps.

Arguments in Favor of Cousin Marriage

  • Individual liberty: Advocates argue that consenting adults should have the freedom to marry whomever they choose.
  • Cultural traditions: Some cultures have a long history of cousin marriage, and individuals may wish to uphold these traditions.
  • Familial bond: In some cases, couples who are cousins may have an existing strong bond and believe it forms a good foundation for marriage

Alternatives for Couples in Missouri

If you are a first cousin couple residing in Missouri, you have several options to consider:

  • Living together: Missouri law permits first cousins to cohabitate and have sexual relations, even though they cannot legally marry.
  • Marrying in another state or country: You may choose to travel to a jurisdiction where first-cousin marriage is legal to have your marriage recognized. However, it’s important to consult with an attorney to ensure the marriage would still hold legal validity if you return to Missouri.
  • Civil Union or Domestic Partnership: Depending on where you live, you might be able to form a civil union or domestic partnership, which would provide some legal rights and protections, even if it’s not the same as a marriage.
  • Advocacy: If you firmly believe in the right to marry your cousin, you could become involved in advocacy efforts to change Missouri law.

Important Considerations

Before making any decisions, here are some things to keep in mind:

  • Genetic Counseling: It’s highly recommended that couples considering cousin marriage seek genetic counseling. A genetic counselor can assess your specific family history and provide more personalized information about the potential risks involved.
  • Family Dynamics: Marrying a close relative can have complex implications for your broader family. It’s crucial to consider how it might affect your relationships with other family members.
  • Religious Beliefs: If you are religious, it’s essential to research your faith’s stance on cousin marriage.

Sources

Disclaimer: This article provides legal information and should not be taken as legal advice. If you have specific questions or concerns regarding Missouri’s laws on cousin marriage, it’s always best to consult with a qualified attorney.

Conclusion

Missouri’s stance on cousin marriage reflects a complex mix of legal restrictions, historical trends, scientific concerns, and ethical debates. The decision of whether or not to pursue a relationship with a first cousin is a deeply personal one. By understanding the law, the potential risks, and available alternatives, couples can make informed choices that align with their values and circumstances.

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MBS Staff
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