Marriage between cousins is a subject that has long sparked debate across the United States, with laws varying considerably from state to state. In California, the legal status of cousin marriage is relatively permissive compared to many other states, where such unions are strictly prohibited or even criminalized. As of 2025, California law allows first cousins to legally marry each other. This permissiveness is rooted in a combination of cultural diversity, respect for individual autonomy, and a recognition that the genetic risks associated with first-cousin unions are relatively small.
California’s approach to cousin marriage is shaped by its commitment to inclusivity and the rights of individuals to make personal choices about their relationships. The state is home to a wide range of cultural communities, some of which have traditions of cousin marriage. By permitting these marriages, California acknowledges and respects these cultural practices, fostering an environment where diversity is valued. Furthermore, the right to marry is considered a fundamental liberty under the United States Constitution, and California upholds this principle by allowing consenting adults to marry their first cousins if they so choose.
Despite the legal allowance, there are important considerations and new regulations that couples must be aware of. Starting in 2025, California has introduced updated rules regarding cousin marriages. While first cousins have always been able to marry, the state is now expanding these rights to include second and third cousins, who will no longer face legal hurdles to marriage. This change is intended to further accommodate the traditions of communities where cousin unions are common. However, alongside this expansion, California is implementing a new requirement: couples who wish to marry as cousins must undergo mandatory genetic counseling. This counseling is designed to inform couples about any increased genetic risks that may result from their union, ensuring that they are making fully informed decisions before proceeding with marriage.
The genetic risks associated with first-cousin marriages are often cited as a primary reason for legal restrictions in other states. However, research indicates that the risk of birth defects in children born to first cousins is only slightly higher than that for unrelated couples. For unrelated parents, the risk of birth defects is generally estimated at 3–4%, while for first cousins, it rises to about 5–6%. This modest increase is not considered significant enough to warrant a legal ban in California, especially when balanced against the principles of individual freedom and cultural respect.
It is important to note that while California allows cousin marriage, not all states do. In fact, 24 states prohibit marriages between first cousins altogether, and in eight states, such marriages are considered a criminal offense. Some states have specific exceptions, such as allowing cousin marriage only if both parties are above a certain age or if one is infertile. Couples who marry in California but later move to a state where cousin marriage is illegal may find that their union is not recognized or is even voided in their new state of residence.
The legal landscape surrounding cousin marriage is complex and can have significant implications for couples, especially if they relocate. In California, however, the law is clear: first cousins can legally marry, and starting in 2025, second and third cousins will also be able to marry without facing previous legal barriers. The new requirement for genetic counseling ensures that couples are aware of any potential risks associated with their union, promoting informed decision-making. Ultimately, California’s approach reflects a balance between respecting cultural traditions, protecting individual rights, and addressing public health concerns in a measured and thoughtful manner.
Marrying your cousin in California is not illegal for first cousins, and the law is set to become even more inclusive regarding more distant cousins. The state’s evolving regulations demonstrate a commitment to both personal freedom and public health, ensuring that couples have the information they need to make the best choices for their futures. While cousin marriage remains controversial in some circles, California’s legal framework provides a clear path for those who wish to pursue such unions, as long as they comply with the new counseling requirements. This approach stands in contrast to many other states, where cousin marriage is either restricted or outright banned, highlighting the diversity of legal perspectives across the country.
Sources
[1] https://www.jlegal.org/blog/is-it-legal-to-marry-your-cousin-in-california/
[2] https://www.wksexcrimes.com/practice-areas/california-incest-laws-pc-285/
[3] https://gobigbluecountry.com/understanding-the-5-new-cousin-marriage-rules-coming-to-california/
[4] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[5] https://www.reddit.com/r/todayilearned/comments/gn7rmv/til_that_it_is_legal_to_marry_your_first_cousin/
