In Utah, the legality of marrying your first cousin is subject to specific conditions and restrictions. The state’s laws on cousin marriage have evolved over time, reflecting changing societal norms and scientific understanding.
Current Legal Status
As of February 20, 2025, Utah law generally prohibits marriages between first cousins, considering them “incestuous and void from the beginning”. However, there are exceptions to this rule that allow first cousins to marry under certain circumstances.
Exceptions to the Prohibition
Utah law provides two specific scenarios where first cousins may legally marry:
- Age Exception: Both parties must be 65 years old or older.
- Age and Infertility Exception: If both parties are 55 years old or older, they may marry if one of them can prove infertility.
These exceptions require approval from a district court in the district where either party resides.
Historical Context
The restrictions on cousin marriage in Utah have been in place for some time. In 2011, the Utah Code already included provisions prohibiting first cousin marriages with similar exceptions. This indicates that the state has maintained a consistent stance on this issue for over a decade.
Comparison to Other States
Utah’s approach to cousin marriage is not unique. Many states in the U.S. have varying laws regarding first cousin marriages:
- 19 states allow marriages between first cousins without restrictions.
- 24 states prohibit such marriages entirely.
- 7 states, including Utah, allow first cousin marriages under certain conditions.
Reasons for Restrictions
The primary concerns behind restrictions on cousin marriages are related to genetic risks for offspring. However, some studies have questioned whether these risks are as significant as commonly believed. Despite this, legal bans persist, possibly due to cultural taboos and the influence of motivated activists in the decentralized American legal system.
Consequences of Violating the Law
Marrying a first cousin in Utah outside the legal exceptions can have serious consequences:
- The marriage would be considered void.
- If the couple engages in sexual intercourse, they could be charged with a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
Public Debate and Challenges
The issue of cousin marriage has sparked public debate in Utah. In 2019, a couple named Angie Peang and Michael Lee, who are first cousins, petitioned to change Utah’s law to allow them to marry. They married in Colorado, where such unions are legal, but their marriage was not recognized when they returned to Utah.
Legal Recognition of Out-of-State Marriages
Utah’s stance on recognizing out-of-state marriages is strict when it comes to first cousins. The state explicitly voids all foreign cousin marriages and marriages conducted by state residents out of state that would be illegal in Utah.
In summary, while Utah generally prohibits marriages between first cousins, there are specific exceptions based on age and infertility. These laws reflect a balance between cultural norms, genetic concerns, and individual rights.
As societal attitudes and scientific understanding continue to evolve, it’s possible that these laws may face further scrutiny and potential changes in the future.
Sources:
- https://www.cbsnews.com/news/first-cousins-in-love-with-each-other-petition-to-get-legally-married-in-utah/
- https://katc.com/news/2019/03/06/first-cousins-petition-for-right-to-marry-in-utah/
- https://le.utah.gov/xcode/Title81/Chapter2/C81-2-S402_2024090120240501.pdf
- https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/
