Is it legal to marry your first cousin? Or your second cousin? What Illinois law says
Marriage between cousins is widely viewed as taboo or a punchline in the United States.
Intermarriage, or consanguineous marriage, literally meaning “of the same blood,” is illegal in 31 states.
Opposition to this practice is largely based on studies that show intermarriage can lead to increased risk of genetic problems, as well as cultural shifts that led to cousin marriage no longer being status quo.
Intermarriage in Illinois. What’s the law?
In Illinois, first cousins cannot legally marry unless both parties are 50 or older, or a licensed physician certifies that either one of the parties is “permanently and irreversibly sterile.” This certification must be filed when applying for a marriage license.
There are no laws prohibiting marriage between second cousins or cousins of more distant relations.
The history behind intermarriage
Before the Industrial Revolution, intermarriage was a more common practice, according to researchers.
Families were larger and lived in close proximity to each other, making the number of marriageable cousins greater and easily accessible.
But improved transportation meant people could now travel greater distances, often beyond the boundaries of their family network. Families decreased in size and spread out geographically.
Additionally, over time, increased female mobility and autonomy through education made it more likely they would find a spouse outside the family network.
In addition to social and cultural shifts, new laws prohibiting many types of marriage led to the decline and taboo of marriage between cousins.
Many states passed laws pertaining to marriage in the aftermath of the Civil War, including legislation on statutory marriage age and marriage restrictions based on medical grounds.
Included in these laws were bans on marriage between cousins with Kansas becoming the first state to enact legislation in 1858.
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