In Wisconsin, the legality of marriage between first cousins is explicitly addressed by state statutes.
Legal Framework
Wisconsin law prohibits marriages between individuals who are closely related by blood. Specifically, marriages between first cousins are not permitted unless both parties are over 55 years of age or, if either party is under 55, one is permanently sterile. This exception aims to mitigate concerns about potential genetic risks associated with first-cousin unions.
Criminalization of First-Cousin Marriage
In Wisconsin, entering into a marriage with a first cousin without meeting the specified exceptions is considered a criminal offense. Engaging in such a prohibited marriage can result in legal penalties, including imprisonment and fines.
Comparison with Other States
Marriage laws concerning first cousins vary across the United States. While Wisconsin imposes specific restrictions and conditions on first-cousin marriages, other states have differing regulations. For example, some states permit first-cousin marriages without restrictions, while others, like Wisconsin, allow them under certain conditions, and some states prohibit them entirely.
Legal Implications
Entering into a prohibited marriage in Wisconsin, such as one between first cousins without meeting the specified exceptions, renders the union void from its inception, meaning it is legally nonexistent. Parties do not need to seek an annulment or divorce to dissolve it. Additionally, engaging in such a prohibited marriage can lead to criminal charges, with penalties including imprisonment and fines.
Cohabitation and Consensual Relationships
Wisconsin law does not explicitly address cohabitation or consensual sexual relations between first cousins outside of marriage. The statutes focus on the legality of marriage rather than personal relationships or living arrangements. However, engaging in sexual intercourse with a known blood relative within degrees of kinship prohibited by law is considered a felony in Wisconsin, punishable by up to 40 years in prison and fines up to $100,000.
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. Wisconsin’s existing prohibition, with specific exceptions, reflects this trend while acknowledging certain circumstances under which such unions may be permissible.
Conclusion
In summary, Wisconsin law generally prohibits marriages between first cousins, rendering such unions void unless specific exceptions are met. Engaging in a prohibited first-cousin marriage without meeting these exceptions is considered a criminal offense, subject to legal penalties. As marriage laws vary significantly across states, individuals considering such a union should consult the specific statutes of the state in question and may benefit from legal counsel to fully understand the implications.