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Apparently it's illegal to marry first cousins in Texas, but not in New Mexico. Worse yet it would be purgery to lie about being first cousins on a marriage liscense application. 

That said, would it be legal to go to New Mexico and get a liscense legally, and come back to Texas and get married?



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If I am correct you get married in the state that issues the license.  I don't think what you are proposing would be legal.

Just get married in New Mexico. My hubby and I got married in there. We are second cousins so the

first cousin thing in Texas was not a problem for us. We live in Texas.

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Physical relationships between cousins are a criminal offense in Texas, so that could cause some issues in terms of having your marriage recognized. Look at Section 25.02 of Texas Penal Code: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.25.htm. It states that a physical relationship between cousins is a felony in the third degree.

Each state has different laws regarding how they recognize marriage from other states. For example, my first cousin/husband and I weren't able to marry in Ohio where we live, but we were able to marry in Tennessee. Ohio law explicitly states that it recognizes marriages from other states, even when those marriages don't conform to the requirements for a license in Ohio. Thus our marriage license is valid, even though we couldn't get one here. I believe we also could have obtained an out-of-state license and had it signed by an officiant in Ohio (thus being legally married here) and that would still have been okay, but we chose to do the legal ceremony at the courthouse where we got our license in Tennessee.

You'd want to find out how Texas handles marriages from other states, and whether or not that would protect you from prosecution under the law listed above. Personally, I would be a little concerned, maybe less about that, but more about whether, say, a health insurance company could refuse coverage if your marriage isn't legally recognized in the state you live in. It might be worth consulting a lawyer. 

The legal side of cousin relationships is a real headache, in Texas in particular. Good luck!

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i still say that i'd bet my last penny on the fact that cousins who are legally married wherever the license was issued will not face any repercussions in texas. they can't go into your bedroom. it's not prosecutable. just like the sodomy laws that recently got taken off the books. besides the fact that until about ten years ago, first cousins could legally marry right here in texas... and the state of texas can not go back and say "oops, sorry, you can't have sex with your spouse anymore because the laws changed". 

my understanding of this kind of thing is that if you legally marry, your marriage must be considered valid anywhere you live after that point.

the problem here is that you are residents of texas. i'm not sure if texas has a clause that prohibits you from marrying in another state if the object is to evade the laws here. if you LIVED in new mexico and got married, then moved to texas, then that would be a totally different scenario. but living in texas and marrying in new mexico i'm not sure about.

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