Court rules first cousins’ marriage valid

• By JOE GYAN JR.
• Advocate staff writer
• Published: Oct 19, 2008 - Page: 1B - UPDATED: 12:05 a.m.

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Louisiana forbids first cousins to marry, but such unions do not violate a strong public policy of the state and must be recognized if performed in a state or nation where they are valid.

That recent pronouncement from a state appellate court in Baton Rouge broke new legal ground in Louisiana, which is one of 25 states that prohibit marriages between first cousins.

In sending a divorce case involving first cousins back to an East Baton Rouge Parish Family Court judge who refused to recognize their Iranian marriage, a three-judge panel of the state 1st Circuit Court of Appeal said marriages between first cousins are widely permitted within the western world.

No European country prohibits such unions, the panel added, and first cousins can legally marry in Canada, Mexico and many other countries.

“Our Legislature has expressly provided that a marriage valid where contracted will be recognized as valid in Louisiana absent a violation of strong public policy,’’ Circuit Judge James Kuhn wrote for the panel.

In reaching the conclusion that Louisiana has no such policy against recognizing the validity of a foreign marriage between first cousins, the panel noted that foreign common-law marriages — unions contracted without a ceremony — are recognized in this state even though such marriages contracted in Louisiana are “absolutely null.’’

Louisiana also has recognized a foreign marriage contracted by procuration — or proxy —  even though such a union would be invalid if contracted in this state, the panel said.

“There is no Louisiana jurisprudence addressing the recognition of a foreign marriage between first cousins,’’ Kuhn wrote.

“However, based on the law of this state, presently and historically, we find that such a marriage, if valid where contracted, is valid in
Louisiana and is not a violation of a strong public policy.’’

In Louisiana, first cousins can legally cohabitate, have intimate relations and even produce children, the panel said.

“This disparity would tend to negate any contention that Louisiana has a strong public policy against marriages between first cousins,’’ Kuhn wrote.

The panel made a clear distinction between the marriage of first cousins and marriages contracted by more closely related relatives such as uncle and niece, aunt and nephew, and siblings.

“While the former is commonly accepted, the latter is greatly condemned,’’ Kuhn said.