Ohio is one of the states that prohibits marriages between first cousins, regardless of their age, fertility, or genetic testing. This ban also applies to adopted cousins and double first cousins.
Anyone who attempts to marry or have a sexual relationship with their first cousin in Ohio can face felony incest charges and up to five years in prison.
Ohio does not recognize first cousin marriages from other states either. In this article, we will explore the rationale behind Ohio’s law and how it compares to other states and countries.
Ohio’s Law on Cousin Marriage
Ohio’s law on cousin marriage is found in Section 3101.01 of the Ohio Revised Code. It states that no person who is nearer of kin to another than second cousins may marry that person. This includes biological cousins, adopted cousins, and double first cousins. Double first cousins are the children of two siblings who married two siblings of another family.
The law also defines the degrees of consanguinity (blood relation) that prohibit marriage. First cousins are within the fourth degree of consanguinity, which means they share a common great-grandparent. Second cousins are within the fifth degree of consanguinity, which means they share a common great-great-grandparent. Second cousins and more distant relatives are allowed to marry in Ohio.
The law does not make any exceptions for first cousin marriages under special circumstances. It does not matter if the cousins are older than 65, infertile, or have undergone genetic counseling. The prohibition is absolute and applies to all first cousins in Ohio.
The law also criminalizes sexual relations or cohabitation between first cousins. According to Section 2907.03 of the Ohio Revised Code, sexual conduct with a person who is related to the offender as a first cousin is a felony of the third degree. The penalty for this offense is a prison term of one to five years and a fine of up to $10,000.
The law also does not recognize first cousin marriages that were performed in other states or countries. According to Section 3101.03 of the Ohio Revised Code, a marriage that is prohibited by law in Ohio is also void in Ohio, even if it was valid where it was contracted. This means that first cousins who married elsewhere cannot claim any legal rights or benefits as spouses in Ohio.
Rationale Behind Ohio’s Law
The main rationale behind Ohio’s law is to prevent the risks of genetic disorders and birth defects in the offspring of first cousins. According to the Ohio Department of Health, children of first cousins have a 4 to 7 percent chance of having a serious birth defect, compared to 2 to 3 percent for the general population. This is because first cousins are more likely to inherit the same recessive genes that cause certain diseases or abnormalities.
However, some experts argue that the genetic risks of cousin marriage are not as high as commonly perceived. They point out that the actual incidence of birth defects depends on many factors, such as the family history, the ethnicity, and the environmental conditions of the parents. They also suggest that genetic testing and counseling can help identify and reduce the risks of potential problems. They claim that banning consensual relationships between adults is an infringement of personal freedom and privacy.
Comparison to Other States and Countries
Ohio’s law on cousin marriage is not unique in the United States. As of 2021, 24 states prohibit marriages between first cousins, 19 states allow them, and seven states allow them only under certain conditions. Five states also prohibit marriages between first cousins once removed, who are the children of first cousins. The laws vary widely among the states, and some of them recognize cousin marriages from other jurisdictions, while others do not.
The U.S. laws on cousin marriage contrast with many other countries where cousin marriage is common and accepted. According to a 2012 study by the Pew Research Center, about 10 percent of marriages worldwide are between first or second cousins, and the practice is especially prevalent in the Middle East, Africa, and Asia. Some of the reasons for cousin marriage in these regions include preserving family wealth and property, strengthening family ties and loyalty, and following cultural or religious traditions.
Conclusion
In conclusion, Ohio is one of the states that bans marriages between first cousins, as well as sexual relations or cohabitation between them. The law is based on the premise of preventing genetic risks and protecting public health, but it also faces criticism from those who advocate for individual choice and autonomy. Ohio’s law differs from other states and countries that have different views and regulations on cousin marriage. Therefore, anyone who is considering marrying their cousin should be aware of the legal and social implications of their decision.