In Texas, the legality of romantic relationships between first cousins is a complex matter, regulated by specific provisions in the Texas Family Code and the Texas Penal Code.
Marriage Between First Cousins in Texas
The Texas Family Code strictly forbids marriages between specific relatives. Under Section 6.201, a marriage is considered void if one individual is related to the other as:
- An ancestor or descendant, whether by blood or adoption;
- A whole or half-blood sibling, or by adoption;
- A parent’s sibling, whether of whole or half blood, or by adoption;
- A niece or nephew, whether of whole or half blood, or by adoption.
Notably, first cousins are not explicitly listed in this section. However, other provisions of Texas law address this specific relationship.
Issuance of Marriage Licenses
As per Section 2.004 of the Texas Family Code, a marriage license application must include a declaration that the applicants are not first cousins. The application specifically states: “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.” As a result, county clerks in Texas are not permitted to issue marriage licenses to first cousins.
Criminal Implications
Beyond the ban on marriage, the Texas Penal Code also governs sexual relationships between first cousins. Section 25.02 outlines unlawful sexual conduct, declaring that a person commits an offense if they engage in sexual intercourse or deviate sexual intercourse with someone they know to be, irrespective of legitimacy:
- Their ancestor or descendant, whether by blood or adoption;
- Their whole or half-blood sibling, or by adoption;
- Their uncle or aunt, of whole or half blood;
- Their niece or nephew, of whole or half blood;
- Their cousin by blood.
Such conduct is classified as a third-degree felony in Texas.
Recognition of Out-of-State Marriages
Although Texas law does not allow first cousins to marry within the state, recognizing such unions performed legally elsewhere is a nuanced issue. Generally, Texas acknowledges marriages valid in the jurisdiction where they were contracted, unless they violate Texas’s public policy. Given the state’s explicit restrictions, Texas courts may refuse to recognize first cousin marriages performed in other states. Individuals facing such circumstances should seek legal advice to fully understand their legal standing.
Conclusion
In conclusion, Texas law explicitly forbids first cousin marriages and criminalizes sexual relationships between them. While marriages legally conducted in other jurisdictions may be recognized, the issue remains legally intricate and potentially contentious. Anyone contemplating such relationships or marriages should consult legal professionals to navigate the legal complexities efficiently.
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
Be the first to know! From thrilling sports victories to blockbuster movie updates, political headlines to local reports—we deliver the latest news as it happens. Don’t just read the news, experience it with LatestSports.Online!
Our team has meticulously fact-checked this article to ensure accuracy and eliminate any misinformation. We are committed to providing honest, reliable, and trustworthy content for our readers.
