In Wisconsin, marrying your first cousin is generally prohibited, but there are specific exceptions under certain conditions. The law aims to prevent marriages that could lead to offspring with increased risks of genetic disorders. Here’s a detailed breakdown of the legal framework:
Legal Exceptions for First Cousins
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Age Requirement: If the female first cousin is at least 55 years old, marriage is permissible.
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Sterility Requirement: If either party can provide a physician’s affidavit stating that they are permanently sterile, marriage is allowed.
Prohibition for Closer Relatives
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Half or Whole Blood Relatives: Marriage is prohibited between individuals closer than first cousins, including half siblings, adoptive siblings, or any relatives by half or whole blood.
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First Cousins Once Removed: These individuals are considered second cousins and do not require proof of sterility to marry.
Legal Implications
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Public Policy: Marriages between first cousins are generally against public policy in Wisconsin unless they meet the specified exceptions. If a couple marries in another state with the intent to evade Wisconsin’s laws, the marriage may be considered void in Wisconsin.
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Criminal Offense: Historically, sexual relations between unmarried first cousins were punishable by law, though the current legal status of such offenses may have evolved.
Comparison with Other States
Wisconsin is one of several states that allow some marriages between first cousins under specific conditions. Other states have varying laws, ranging from complete prohibition to allowance with certain requirements like genetic counseling.
LGBTQ+ Considerations
The law primarily addresses heterosexual marriages, leaving unclear how it applies to LGBTQ+ first cousins who cannot biologically reproduce. This aspect is not explicitly addressed in Wisconsin’s statutes.
While marrying your first cousin is generally illegal in Wisconsin, exceptions exist for older females or when one party is sterile. The legal framework is designed to prevent genetic risks associated with consanguineous marriages.
Table: Comparison of Cousin Marriage Laws in Select States
| State | First Cousin Marriage Allowed | Conditions for First Cousin Marriage |
|---|---|---|
| Wisconsin | Yes, with conditions | Female must be 55+, or proof of sterility |
| Maine | Yes, with conditions | Requires genetic counseling |
| Arizona | Yes, with conditions | Both parties must be 65+, or proof of sterility |
| Illinois | Yes, with conditions | Both parties must be 50+, or proof of sterility |
This overview provides a comprehensive look at the legal status of cousin marriages in Wisconsin and highlights the exceptions and conditions under which such marriages are permitted.
Sources:
- https://b105country.com/can-you-marry-your-first-cousin-in-wisconsin/
- https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/
- https://www.burnettcountywi.gov/DocumentCenter/View/126/Information-about-marrying-in-Wisconsin?bidId=
- https://myattorneyusa.com/immigration-blog/immigration-to-the-usa/marriage-invalid-if-it-goes-against-public-policy-of-state-of-residence-matter-of-zappia/
