In Iowa, the legality of marrying a cousin is explicitly addressed by state statutes. According to Iowa Code Section 595.19, marriages between first cousins are considered void.
Legal Framework
Iowa’s marriage laws are detailed in Chapter 595 of the Iowa Code. Specifically, Section 595.19 outlines the conditions under which marriages are deemed void, stating that marriages between first cousins are prohibited.
Exceptions and Specifics
It’s important to note that Iowa’s prohibition applies strictly to first cousins. The law does not explicitly mention second cousins or more distant relatives, implying that such marriages are permissible under state law. Additionally, first cousins once removed are allowed to marry in Iowa.
Comparison with Other States
Marriage laws concerning cousins vary across the United States. While Iowa prohibits first-cousin marriages, several other states allow them under certain conditions. For instance, states like Alabama, Alaska, California, and Colorado permit first-cousin marriages without restrictions. Conversely, states such as Arkansas, Idaho, and Mississippi have laws similar to Iowa’s, prohibiting such unions outright. Some states, like Arizona and Illinois, allow first-cousin marriages only if both parties are above a certain age or if one party is proven to be infertile. These variations highlight the importance of understanding specific state laws when considering marriage between cousins.
Legal Implications
Entering into a marriage prohibited by Iowa law renders the union void from its inception. This means that the marriage is considered legally nonexistent, and parties do not need to seek an annulment or divorce to dissolve it. However, knowingly entering into such a prohibited marriage can have legal consequences. While Iowa law does not specify criminal penalties for marrying a first cousin, the void status of the marriage can lead to complications in areas like inheritance rights, legitimacy of children, and recognition of the union in other jurisdictions.
Cohabitation and Sexual Relations
While Iowa law prohibits first cousins from marrying, it does not explicitly address cohabitation or sexual relations between first cousins. This contrasts with some states where not only is marriage between first cousins prohibited, but cohabitation and sexual relations are also criminalized. In Iowa, the absence of such statutes means that while first cousins cannot legally marry, there are no specific criminal prohibitions against them cohabitating or engaging in a consensual relationship.
Historical Context
Historically, cousin marriages were more common and socially acceptable in many cultures, including parts of the United States. However, during the late 19th and early 20th centuries, several states, including Iowa, enacted laws prohibiting marriages between first cousins. These laws were often influenced by social and scientific beliefs of the time, including concerns about genetic defects and social norms. Today, while some states have relaxed their laws, Iowa maintains its prohibition on first-cousin marriages.
Conclusion
In summary, Iowa law explicitly prohibits marriages between first cousins, rendering such unions void. While the state does not criminalize cohabitation or consensual relationships between first cousins, the legal recognition of marriage is denied. 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.