In New Mexico, marriages between first cousins are legally permitted. The state’s statutes do not list first cousins among the prohibited degrees of kinship for marriage. Specifically, New Mexico Statutes Section 40-1-7 outlines prohibited marriages between close relatives such as siblings, aunts, uncles, nieces, and nephews, but notably excludes first cousins from this list.
Legal Framework
New Mexico’s marriage laws are detailed in Chapter 40, Article 1 of the New Mexico Statutes. Section 40-1-7 specifies relationships that are considered incestuous and therefore prohibited for marriage. The statute states that marriages are void when the parties are related as parent and child, grandparent and grandchild, brother and sister (of half or whole blood), uncle and niece, or aunt and nephew. The absence of first cousins in this enumeration indicates that such marriages are legally acceptable in New Mexico.
Exceptions and Specifics
While New Mexico law permits marriages between first cousins, it maintains prohibitions against marriages between closer relatives, such as siblings or uncles and nieces. There are no specific exceptions to these prohibitions, underscoring the state’s intent to prevent marriages within these closer degrees of kinship.
Comparison with Other States
Marriage laws concerning cousins vary across the United States. While New Mexico allows first-cousin marriages, several other states prohibit them. For instance, states like Arkansas, Idaho, and Mississippi have laws that explicitly prohibit first-cousin marriages. Conversely, states such as Alabama, Alaska, California, and Colorado permit first-cousin marriages without restrictions. 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 New Mexico law renders the union void from its inception, meaning it is considered legally nonexistent. However, since first-cousin marriages are not prohibited in New Mexico, such unions are legally recognized. It’s important to note that while New Mexico recognizes first-cousin marriages, other jurisdictions may not, potentially leading to complications in areas like inheritance rights and recognition of the union in other states.
Cohabitation and Sexual Relations
New Mexico law does not criminalize cohabitation or consensual 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 New Mexico, the absence of such statutes means that first cousins can legally cohabitate and engage in consensual relationships without legal repercussions.
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 enacted laws prohibiting marriages between first cousins due to concerns about genetic defects and social norms. Today, while some states maintain prohibitions on first-cousin marriages, New Mexico allows such unions, reflecting a more permissive stance on this issue.
Conclusion
In summary, New Mexico law permits marriages between first cousins, and such unions are legally recognized in the state. While the state does not criminalize cohabitation or consensual relationships between first cousins, individuals considering such a union should be aware of varying laws in other states, especially if they plan to relocate or travel. Consulting legal counsel can provide clarity on the implications of cousin marriages, particularly concerning recognition in other jurisdictions.