In Oregon, state statutes clearly address the legality of marrying a cousin. Oregon Revised Statutes Section 106.020(2) prohibits marriages between first cousins or other close relatives, regardless of blood or adoption. However, there is an exception in which the parties are first cousins by adoption alone; in such circumstances, the marriage is not forbidden or unlawful.
Legal Framework
Chapter 106 of the Oregon Revised Statutes contains the details of Oregon’s marriage laws. Section 106.020, in particular, specifies the circumstances under which marriages are declared illegal and void. According to the statute, marriages are prohibited when the parties are first cousins or any other close relative, whether by blood or adoption. The only exemption to this restriction is when the parties are first cousins by adoption, in which case marriage is authorized.
Exceptions and Specifics
It is vital to emphasize that Oregon’s law only applies to first cousins and close relatives. The law does not specifically identify second cousins or more distant relatives, meaning that such marriages are legal under state law. Furthermore, the statute states that the restriction applies to relatives of the whole or half blood, whether by blood or adoption, ensuring that the law covers all first-cousin ties, regardless of the circumstances of birth. However, if the parties are simply first cousins by adoption, their marriage is neither forbidden or unlawful.
Comparison to Other States
Marriage rules for cousins differ across the United States. While Oregon forbids first-cousin marriages, some other states permit them under certain circumstances. First-cousin weddings are legal in states such as Alabama, Alaska, California, and Colorado. In contrast, states such as Arkansas, Idaho, and Mississippi have legislation similar to Oregon’s that outright forbid such unions. Some states, such as Arizona and Illinois, permit first-cousin marriages only if both parties are beyond a particular age or one party has been proven infertile. These variances underline the necessity of understanding unique state legislation when considering cousin marriages.
Legal Implications:
Marriages that are banned by Oregon law are null and void from the start. This indicates that the marriage is legally void, and the parties are not required to seek an annulment or divorce to dissolve it. However, deliberately entering into such an unlawful marriage may result in legal consequences. While Oregon law does not specify criminal consequences for marrying a first cousin, the marriage’s void status might cause issues with inheritance rights, child legitimacy, and recognition of the union in other jurisdictions.
Cohabitation and Sexual Relationships
While Oregon law prevents first cousins from marrying, it does not specifically regulate cohabitation or sexual encounters between first cousins. In contrast, several states criminalize not only marriage between first cousins, but also cohabitation and sexual encounters. In Oregon, the lack of such regulations means that, while first cousins cannot legally marry, there are no particular criminal prohibitions against them cohabiting or engaging in a consensual relationship.
Historical Context
Cousin weddings were once more widespread and socially acceptable in many cultures, including areas of the United States. However, in the late nineteenth and early twentieth century, numerous states, including Oregon, passed legislation forbidding marriages between first cousins. These regulations were frequently affected by contemporary social and scientific concepts, such as concerns about genetic abnormalities and social standards. While some states have softened their regulations, Oregon continues to prohibit first-cousin marriages.
Conclusion
In short, Oregon law expressly forbids marriages between first cousins, declaring such unions null and void. The state does not prohibit cohabitation or consensual relationships between first cousins, although marriage is not legally recognized. Because marriage laws differ significantly across jurisdictions, those considering such a relationship should consult the relevant statutes of the state in question and may seek legal guidance to properly comprehend the ramifications.
Leave a Reply