Consanguineous Marriage Prohibition Act would ban first-cousin marriages, currently legal in 16 states
“‘Til death do us part,” but what about if you share the same grandparents?
What the legislation does
The Consanguineous Marriage Prohibition Act would ban marriages between first cousins, nationwide. (The word “consanguineous” in the bill’s title means related by blood.)
Rep. Keith Self (R-TX3) introduced a House version of the bill on April 30.
Context
Around 16 states currently allow marriage between first- cousins. These states span the political spectrum: from red states like Alabama + Florida + South Carolina, to blue states like California + Hawaii + Massachusetts.
Alabama
Alaska
California
Colorado
Florida
Georgia
Hawaii
Maryland
Massachusetts
New Jersey
New Mexico
New York
South Carolina
Vermont
Virginia
Washington, D.C.
What supporters say
The congressional bill’s supporters argue that cousin marriage doesn’t fit U.S. ethics and norms.
“Cousin marriage… is fundamentally incompatible with American culture and values. It should not be allowed anywhere in our country,” Rep. Self said in a press release. “The vast majority of states have already banned this third-world practice. It’s time for Congress to finish the job and enact a nationwide prohibition.”
What opponents say
Hardly anybody is willing to publicly support first-cousin marriage, but opponents may argue that a ban on cousin marriage would be unconstitutional. After all, 11 years ago, the Supreme Court declared a ban on same-sex marriage unconstitutional.
“Cousin bans are unconstitutional, discriminatory holdovers from a dark period in American history, and first cousins’ right to marry [should] be taken up as the next battle in the fight for family law equality,” Rachel Frommer of Yeshiva University’s Cardozo Law School wrote in the Cardozo Law Review.
What happens next
The bill has so far attracted one cosponsor, a Republican: Rep. Sheri Biggs (R-SC3).
It’s been referred to the House Judiciary Committee. Republicans control the chamber, but odds of passage are unclear.
State-level action may be more likely. Florida Gov. Ron DeSantis is currently calling for his state legislature to ban first-cousin marriage.