Is It Illegal to Marry Your Cousin in Oregon? Here’s What the Law Says

Marriage laws in the United States are complex, and regulations surrounding cousin marriage are no exception. The question of whether you can marry your cousin varies from state to state, with a patchwork of restrictions and allowances across the nation. This long-form article explores the specifics of cousin marriage in Oregon—unpacking the law, statistics, the reasoning behind these bans, guidance for those affected, and providing a city-by-city lens on marriage culture in the state.

Understanding Marriage Laws in Oregon

The Core Law

Oregon state law is clear: it is illegal to marry your first cousin in Oregon. This restriction also applies to relationships that are even closer, such as siblings, parents, aunts, uncles, and half-siblings, whether by blood, whole or half, or adoption. The law, detailed in Oregon Revised Statutes (ORS 106.020), explicitly states that marriages between first cousins or any nearer of kin are prohibited and deemed void.

What About Distant Cousins?

While first cousin marriage is illegal, the law draws a line between close and distant relations. Marriages between second cousins, and between first cousins once removed (for example, the child of your cousin), are permitted. Oregon makes a distinction to prevent unions that could present higher risks of genetic health issues among offspring.

Adoption and Half-Blood Relationships

Oregon’s statutes specify restrictions for half-siblings and adopted relatives. However, first cousins through adoption are allowed to marry, reflecting the legal system’s acknowledgment that genetic risk is not present in those relationships.

Exceptions and Loopholes

Some states offer exceptions for first cousin marriage if certain criteria are met, such as advanced age or infertility. Oregon offers no such exceptions. The ban is comprehensive, with no legal workaround for those seeking to marry a first cousin.

Historical and Legal Background

The National Landscape

Cousin marriage holds a complex place in American legal history. Bans on first cousin marriage spread mainly in the 19th and early 20th centuries as part of broader movements focused on eugenics and public health. Today, first cousin marriage is legal in around 19 states, with various exceptions or conditions in a handful more.

Oregon’s Position

Oregon’s stance places it among the majority of states that ban first cousin marriage. However, neighboring states vary:

Washington: Ban on first cousin marriage.
Idaho: Ban on first cousin marriage.
Nevada: Ban on first cousin marriage.
California: Allows first cousin marriage.

This variable legal landscape influences many couples’ decisions regarding where and how to marry, with some crossing state lines to unite in a state with more permissive rules.

Cousin Marriage in Oregon: Facts, Stats, and Cultural Context

Statewide Marriage Statistics

Oregon, home to cities such as Portland, Eugene, Salem, Gresham, and Bend, maintains a robust marriage rate slightly below the national average. According to recent vital statistics, the state’s marriage rate hovers around 6.1 marriages per 1,000 people per year, with Portland and its metro area accounting for the largest share.

While no public data exists on the number of cousin marriages attempted or performed in Oregon, the overall incidence of cousin marriage in the United States is extremely low. Nationally, estimates suggest less than 0.5% of all marriages are between first or second cousins, with much higher prevalence in immigrant communities from cultures where cousin marriage is accepted.

City-by-City Perspective

Portland: As Oregon’s largest city with a diverse, cosmopolitan population, Portland’s marriage culture reflects a variety of backgrounds. Local authorities adhere strictly to state law, and marriage license applications in Portland (Multnomah County) do not specifically ask about cousin relationships, but all applicants must swear to the absence of legal impediments to marriage.
Eugene and Salem: These university cities, known for progressive values, follow the same legal processes as the rest of the state. The prohibition on cousin marriage remains unchallenged in public discourse.
Bend and Medford: The trend continues in central and southern Oregon, with conservative-leaning counties strictly observing the law.

Impact on Immigrant and Religious Communities

Immigrants from countries in Africa, Asia, and the Middle East sometimes come from traditions where cousin marriage is customary (with global rates exceeding 10% in some regions). These communities must adapt to Oregon’s legal environment, sometimes traveling to California for legal cousinal unions or adjusting expectations around matchmaking.

For Roman Catholics and other religious groups, ecclesiastical approval for cousin marriage may sometimes be granted, but in Oregon, the civil law is the deciding factor for state recognition.

Why Is Cousin Marriage Banned in Oregon?

Health and Genetics

The primary rationale for prohibiting marriage between first cousins is the increased risk of genetic disorders in their offspring. While the absolute risk is often overstated—and recent studies suggest the risk is significantly less than commonly believed—the law persists as a preventive public health measure.

Social and Historical Reasons

Many cousin marriage bans were enacted during the early 20th century, motivated by eugenic theories and moral reform movements. These laws often conflated concerns about incest—which presents much greater genetic risk—with those about first cousin marriage. Over time, these laws have become ingrained, even as social understandings and scientific evidence have evolved.

Legal Consistency

Oregon’s law prioritizes administrative clarity. By making a blanket ban on first cousin marriages, the state aims to keep marriage registration and enforcement straightforward for officials, reducing ambiguity over biological vs. adoptive relationships and the types of blood relatives.

What Happens If You Marry Your Cousin Anyway?

If two first cousins attempt to marry in Oregon, the marriage is considered void under state law. This means it holds no legal effect: the marriage is not recognized by the state for any purpose, including inheritance, taxes, or spousal rights.

Out-of-State Marriages

A common question arises: If two first cousins marry in a state where their union is legal—say, in California—will Oregon recognize the marriage once the couple returns or moves back?

Oregon law does not recognize marriages that would be void if performed under its own statutes. This means that while some rights or recognitions might apply in limited cases, the general rule is that cousin marriages are not legally recognized within Oregon borders, even if performed elsewhere.

Cohabitation and Relationships

It is important to note that Oregon’s prohibition is specifically about marriage. Sexual relationships and cohabitation between cousins, regardless of degree, are not criminalized or prohibited by law—though social stigma may still be a factor for some families.

Navigating the Law: Advice and Options

For Those Considering Marriage

If you believe you are ineligible to marry under Oregon’s cousin marriage laws, it is crucial to seek legal advice before taking any steps toward marriage. Local officials in cities like Portland, Eugene, and Salem can provide resources or direct you to family law professionals with experience in this area.

Options for Couples

Marry in a Permissive State: Some couples travel to California, where first cousin marriage is legal, to marry there. However, as discussed, recognition by Oregon remains problematic.
Move or Reside in Another State: For couples intent on living as legally married spouses, relocating to a state with more permissive marriage laws is sometimes an option.
Legal Counseling: Understanding the implications for taxes, inheritance, and parental rights is crucial if you pursue an out-of-state marriage not recognized in Oregon.

The Broader Debate: Should the Law Change?

Nationwide, attitudes on cousin marriage are slowly shifting as scientific evidence about genetic risk accumulates. Advocates for change argue that bans are rooted more in outdated social norms and pseudoscience than in current medical understanding. Critics maintain the bans are a prudent public health measure and reflect local values.

In Oregon, no major movements have formed to repeal the ban on cousin marriage, suggesting the issue remains a low priority for voters and legislators. In cities like Portland, Eugene, and Salem, local attitudes reflect a mix of tradition and progressive values. The legal landscape may change in the future, but for now, the ban stays firmly in place.

Key Points to Remember

First cousin marriage is ILLEGAL in Oregon.
Second cousin marriage, and marriage to more distant relatives, IS LEGAL.
The prohibition applies to blood relatives, half-blood relatives, and adopted cousins.
The ban is absolute, with no exceptions for age, infertility, or other circumstances.
Out-of-state cousin marriages are NOT recognized in Oregon.
Cohabitation or romantic relationships between cousins are NOT illegal.
Major Oregon cities (Portland, Eugene, Salem) strictly enforce these state rules.

Final Thoughts

Oregon’s laws on cousin marriage, while strict, are clear and consistent with those in many other U.S. states. For residents of Portland, Eugene, Salem, and communities throughout the state, it’s important to be aware of these regulations when considering marriage between relatives. The law is subject to change, but for now, the prohibition persists—grounded in both historical precedent and ongoing public health considerations. If you or someone you know is navigating these challenging waters, consult with a qualified attorney to discuss your options and ensure you are making informed decisions under current Oregon law.