Is Dating and Marrying Your Cousin Illegal In Montana? Here’s what the Law states

Montana statutes clearly address the legitimacy of marriage between first cousins.

Montana law forbids marriages between first cousins. Marriages between “a brother and sister, uncle and niece, aunt and nephew, or between first cousins” are illegal and void under state statutes. This ban is applicable to both whole and half-blood couples.

Engaging in a marriage that is illegal under Montana law renders the relationship void from the start, making it legally nonexistent. To dissolve it, the parties do not need to file for annulment or divorce. Furthermore, Montana law criminalizes sexual intercourse or sexual contact between anyone who are known to be connected as ancestors, descendants, full or half-blood siblings, or stepchildren. Violating this statute is a felony violation punishable by up to life in prison or a $50,000 fine.

Cohabitation and Consensual Relationships

While Montana law forbids marriage and sexual contact between first cousins, it does not expressly prohibit cohabitation between them. However, given the high legal penalties involved with sexual encounters between first cousins, cohabitation implying such a relationship may attract legal investigation.

Recognition of Out-of-State First Cousin Marriages

Montana does not recognize first cousin marriages that were legally performed in other jurisdictions. In the case “In re the Marriage of Earl E. Adams” (1979), the Montana Supreme Court ruled that a first cousin marriage in Montana, where it was outlawed and the courts were required to pronounce it void, was indeed unlawful.

Comparison to Other States

Marriage rules for first cousins differ across the United States. Some states allow first cousin marriages without limits, while others allow them under certain conditions, and a few, notably Montana, outright prohibit them.

Historical Context

Cousin weddings were once more widespread and socially acceptable in many cultures, including areas of the United States. Due to worries about genetic abnormalities and shifting societal standards, some jurisdictions have implemented laws forbidding weddings between first cousins. Montana’s existing law mirrors the trend of prohibiting first-cousin marriages.

Conclusion

In short, Montana law expressly forbids marriages between first cousins, declaring such unions null and void. Engaging in sexual intercourse with a known first cousin is a felony punishable by up to life in prison and significant fines. Because marriage and criminal laws differ significantly between states, individuals considering such a union or relationship should consult the specific statutes of the state in question and may seek legal counsel to fully understand the implications.