In Ohio, marriage between first cousins is not explicitly prohibited by law, but it is effectively illegal due to statutory restrictions. According to Ohio Revised Code Section 3101.01, individuals may marry only if they are not “nearer of kin than second cousins” This means that first cousins cannot legally marry each other in Ohio.
Key Points About Cousin Marriage in Ohio:
- Legal Framework: The law specifies that only individuals who are second cousins or more distantly related can marry. Therefore, marriages between first cousins are considered void under Ohio law .
- Sexual Relations: While marriage between first cousins is prohibited, sexual relations between first cousins are not classified as incestuous in Ohio .
- Common Law vs. Statutory Law: Although historically, common law allowed first cousin marriages, current statutes in Ohio clearly restrict such unions. The prevailing interpretation is that any marriage between first cousins would be void and not recognized by the state .
In summary, while there is no explicit law stating that first cousin marriages are void, the legal framework in Ohio effectively prohibits such marriages by restricting marriage to those who are not closer than second cousins.
SOURCES:-
- https://casetext.com/case/mazzolini-v-mazzolini
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://codes.ohio.gov/ohio-revised-code/section-3101.01
