In West Virginia, the legality of marriage between first cousins is explicitly addressed by state statutes.
Legal Framework
West Virginia law prohibits marriages between first cousins. According to West Virginia Code § 48-2-302, a man is prohibited from marrying his mother, grandmother, sister, daughter, granddaughter, half-sister, aunt, brother’s daughter, sister’s daughter, first cousin, or double cousin. Similarly, a woman is prohibited from marrying her father, grandfather, brother, son, grandson, half-brother, uncle, brother’s son, sister’s son, first cousin, or double cousin.
Legal Implications
Entering into a marriage prohibited by West Virginia law, such as one between first cousins, renders the union void from its inception, meaning it is considered legally nonexistent. Parties do not need to seek an annulment or divorce to dissolve it. Additionally, engaging in sexual intercourse or sexual intrusion with a person known to be a first cousin is considered a felony in West Virginia, punishable by imprisonment for 5 to 15 years and a fine ranging from $500 to $5,000.
Cohabitation and Consensual Relationships
West Virginia law does not explicitly address cohabitation between first cousins. However, as previously mentioned, engaging in sexual intercourse or sexual intrusion with a known first cousin is a felony offense in the state.
Historical Context
Historically, cousin marriages were more common and socially acceptable in many cultures, including parts of the United States. Over time, various states enacted laws prohibiting marriages between first cousins due to concerns about genetic defects and changing social norms. West Virginia’s existing prohibition reflects this trend toward restricting first-cousin marriages.
Conclusion
In summary, West Virginia law explicitly prohibits marriages between first cousins, rendering such unions void. Additionally, engaging in sexual intercourse or sexual intrusion with a known first cousin is a felony offense, subject to significant legal penalties. As marriage and criminal laws vary significantly across states, individuals considering such a union or relationship should consult the specific statutes of the state in question and may benefit from legal counsel to fully understand the implications.