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BobAndMary11

Is a cousin marriage performed elsewhere recognized by my state? Yes it is!!!

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This is from a court document in Ohio but the reference to the US Constitution makes it true in every state:

"...once you get married lawfully in one state, another state cannot summarily take your marriage away, because the right to remain married is properly recognized as a fundamental liberty interest protected by the Due Process Clause of the United States Constitution. U.S. Const. amend. XIV, § 1."

Edited by BobAndMary11

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key word is "lawfully". if you live in a state that does not permit cousin marriages, your marriage in another state MAY be unlawful if, for example...

a) your state has a statute that says you can not circumvent your own state's laws by marrying in another state

(b) the state you are marrying in doesn't have a statute saying your marriage is only permissible if your home state allows it

and i'm sure there are other circumstances that i can't think of off the top of my head. and i don't know how the laws work if one person lives in a cousin friendly state and the other lives in a not-cousin friendly state, if the couple chooses to marry in the one but reside in the other.

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Ultimately, marriage laws are a state issue.  Obviously, the federal gov't can step in and say that you cannot prohibit certain marriages (interracial, same-sex), but as far as degree of relation for marriage legitimacy, that has been unchallenged on a large scale for a federal intervention.  

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I should have posted the complete reference: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION.  Case No. 1:13-cv-501 states on page 2 "... just as Ohio recognizes all other out-of-state marriages, if valid in the state performed, and even if not authorized nor validly performed under Ohio law, such as marriages between first cousins, marriages of certain minors, and common law marriages. That is, once you get married lawfully in one state, another state cannot summarily take your marriage away, because the right to remain married is properly recognized as a fundamental liberty interest protected by the Due Process Clause of the United States Constitution. U.S. Const. amend. XIV, § 1."

The court document above specifically states that Ohio recognizes marriages between first cousins if the marriage is legally performed in another state. 

I know that Maryland will marry non resident cousins. As proof I submit the following:

When my wife and I got our marriage license the clerk told us they get a lot of cousins from neighboring Pennsylvania and West Virginia.

My first wife and current husband (first cousins) have always lived in Pennsylvania and were married by a JP in Elkton, MD. They have been married 29 years as of 10/16 and have 3 children, 2 grand children and 1 grandchild on the way. 

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