In Texas, the legality of romantic relationships between first cousins is a nuanced subject, governed by specific statutes within the Texas Family Code and the Texas Penal Code.
Marriage Between First Cousins in Texas
The Texas Family Code explicitly prohibits marriages between certain relatives. According to Section 6.201, a marriage is void if one party is related to the other as:
- An ancestor or descendant, by blood or adoption;
- A brother or sister, of the whole or half blood, or by adoption;
- A parent’s brother or sister, of the whole or half blood, or by adoption;
- A son or daughter of a brother or sister, of the whole or half blood, or by adoption.
Notably, this list does not include first cousins. However, other sections of Texas law address this relationship.
Issuance of Marriage Licenses
Section 2.004 of the Texas Family Code requires that a marriage license application include a statement that the applicants are not related as first cousins. Specifically, the application must include the statement: “The other applicant is not related to me as… a son or daughter of a parent’s brother or sister, of the whole or half blood or by adoption.” Consequently, county clerks in Texas are prohibited from issuing marriage licenses to first cousins.
Criminal Implications
Beyond the prohibition on marriage, the Texas Penal Code addresses sexual relationships between first cousins. Section 25.02 defines prohibited sexual conduct, stating that an individual commits an offense if they engage in sexual intercourse or deviate from sexual intercourse with a person they know to be, without regard to legitimacy:
- Their ancestor or descendant by blood or adoption;
- Their brother or sister of the whole or half blood or by adoption;
- Their uncle or aunt of the whole or half blood;
- Their nephew or niece of the whole or half blood;
- Their cousin by blood.
Engaging in such conduct is classified as a felony of the third degree in Texas.
Recognition of Out-of-State Marriages
While Texas law prohibits first cousins from marrying within the state, the recognition of such marriages legally performed in other jurisdictions is complex. Generally, Texas may recognize marriages that are valid in the place where they were contracted, unless they are deemed contrary to the public policy of Texas. Given the state’s explicit prohibitions, it’s plausible that Texas courts would refuse to recognize a first-cousin marriage legally performed elsewhere. Individuals in such situations are advised to consult legal counsel to understand the potential implications fully.
Conclusion
In summary, Texas law prohibits first cousins from marrying within the state and criminalizes sexual relationships between first cousins. While marriages performed in jurisdictions where such unions are legal might be recognized in Texas, the matter is complex and laden with potential legal challenges. Those considering such relationships or marriages should seek legal advice to navigate the intricate legal landscape effectively.
References:
- Texas Family Code Section 6.201: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.201
- Texas Family Code Section 2.004: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.2.htm#2.004
- Texas Penal Code Section 25.02: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.02
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