In Oregon, the legality of marrying a cousin is explicitly addressed by state statutes. According to Oregon Revised Statutes § 106.020(2), marriages are prohibited and considered void if the parties are first cousins or any nearer of kin, whether of the whole or half blood, and whether by blood or adoption. However, an exception exists when the parties are first cousins by adoption only; in such cases, the marriage is not prohibited or void.
Legal Framework
Oregon’s marriage laws are detailed in Chapter 106 of the Oregon Revised Statutes. Specifically, Section 106.020 outlines the conditions under which marriages are deemed prohibited and void. The statute states that marriages are prohibited when the parties are first cousins or any nearer of kin, whether of the whole or half blood, and whether by blood or adoption. The exception to this rule is when the parties are first cousins by adoption only, in which case the marriage is permitted.
Exceptions and Specifics
It’s important to note that Oregon’s prohibition applies strictly to first cousins and closer relatives. The law does not explicitly mention second cousins or more distant relatives, implying that such marriages are permissible under state law. Additionally, the statute specifies that the prohibition applies to relatives of the whole or half blood, whether by blood or adoption, ensuring that the law encompasses all first-cousin relationships, regardless of the circumstances of birth. However, when the parties are first cousins by adoption only, the marriage is not prohibited or void.
Comparison with Other States
Marriage laws concerning cousins vary across the United States. While Oregon 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 Oregon’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 Oregon 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 Oregon 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 Oregon 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 Oregon, 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 Oregon, 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, Oregon maintains its prohibition on first-cousin marriages.
Conclusion
In summary, Oregon 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.