Marrying Your First Cousin in Michigan is Illegal, but Here’s What the Law Says

Marrying your first cousin may seem like a taboo topic to some people, but it is not uncommon in some cultures and regions of the world. However, in the United States, the laws vary from state to state regarding the legality and recognition of cousin marriages. In this article, we will focus on the state of Michigan, where marrying your first cousin is illegal, but there are some exceptions and nuances to the law.

What Do The Michigan Marriage Laws Say About First Cousins?

According to the Michigan legislature website, the law clearly states that it is illegal to marry first cousins in Michigan. The law prohibits marriage between the following relatives:

  • ancestors or descendants
  • brother and sister (blood or affinity)
  • aunt and nephew
  • uncle and niece
  • first cousins

Affinity means being related by marriage, such as a step-sibling or a spouse’s sibling. The law does not specify the degree of consanguinity (blood relation) required for the prohibition to apply, so it is assumed that any degree of first cousin relationship is forbidden.

Are There Any Exceptions to the Law?

Unlike some other states that have certain exceptions or criteria for allowing first cousin marriages, such as age, infertility, or genetic testing, Michigan has a blanket ban on first cousin marriages within the state. There are no special circumstances or conditions that would make it legal for first cousins to marry in Michigan.

However, Michigan has historically recognized first cousin marriages that were conducted outside the state, as long as they were legal in the jurisdiction where they took place. This means that if two first cousins got married in another state or country that allows cousin marriages, and then moved to Michigan, their marriage would be valid and recognized in Michigan.

This was confirmed by the Michigan Attorney General in 1939, and by several court cases involving immigration and inheritance issues. For example, in 1980, the case of Matter of Balodis overturned a decision by the Immigration and Naturalization Service that denied immigration status to the wife of a Michigan resident who was his first cousin. The court ruled that their marriage, which was performed in Latvia, was valid and recognized in Michigan.

Does The Michigan Marriage Application Form Ask If You’re Related?

If you are planning to get married in Michigan, you will need to apply for a marriage license at the county clerk’s office. The application form will ask you to provide information about yourself and your intended spouse, such as your names, addresses, dates of birth, social security numbers, and parents’ names.

The form will also ask you if you are related to each other, and if so, how. You will need to check one of the following boxes:

  • Not related
  • Related by blood
  • Related by marriage

If you check the box that says you are related by blood, you will need to specify the degree of relationship, such as first cousin, second cousin, etc. If you check the box that says you are related by marriage, you will need to specify the type of relationship, such as step-sibling, spouse’s sibling, etc.

If you are first cousins, you will not be able to obtain a marriage license in Michigan, unless you can prove that your marriage was legally performed in another state or country that allows cousin marriages.

Do Nearby States Allow First Cousins To Marry?

If you are first cousins who want to get married, and you live in Michigan, you may be wondering if there are any nearby states that would allow you to do so. The answer is yes, there are some states that are close to Michigan that permit first cousin marriages, such as:

  • Illinois
  • Indiana
  • Wisconsin
  • Ohio
  • New York
  • Vermont
  • Massachusetts
  • Rhode Island
  • Connecticut
  • New Jersey
  • Maryland
  • Virginia
  • North Carolina
  • South Carolina
  • Georgia
  • Alabama
  • Tennessee
  • Florida

However, before you decide to travel to one of these states to get married, you should be aware of the following:

  • You will need to comply with the marriage laws and requirements of the state where you get married, such as age, consent, residency, waiting period, etc.
  • You will need to obtain a marriage license from the county where you get married, and pay the applicable fees.
  • You will need to have a ceremony performed by an authorized officiant, such as a judge, clergy, or justice of the peace, and have two witnesses present.
  • You will need to return the completed marriage license to the county clerk’s office where you got it, and obtain a certified copy of your marriage certificate.
  • You will need to update your legal documents and records, such as your driver’s license, passport, social security card, bank accounts, etc., with your new marital status and name (if you change it).
  • You will need to be prepared for the possible social, legal, and medical implications of marrying your first cousin, such as stigma, discrimination, inheritance disputes, genetic risks, etc.

Conclusion

Marrying your first cousin in Michigan is illegal, but there are some exceptions and nuances to the law. Michigan does not allow first cousin marriages within the state, but it does recognize first cousin marriages that were conducted outside the state, as long as they were legal in the jurisdiction where they took place. Michigan also requires you to disclose if you are related to your intended spouse on the marriage application form, and specify the degree and type of relationship. If you are first cousins who want to get married, and you live in Michigan, you may consider getting married in another state that allows cousin marriages, but you should be aware of the legal and practical steps involved, as well as the potential consequences.

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