It is not legal for first‑cousins to marry in Utah in 2026. Utah’s statutes still classify a marriage between first cousins as “prohibited” and the state does not recognize any exemption for genetic counseling, religious belief, or consent. While neighboring states such as Colorado have begun to relax these bans, Utah’s law remains unchanged and a marriage license for first cousins will be denied.
Utah’s Current Statutory Position
Utah Code § 30‑1‑11 declares a marriage void if the parties are lineal descendants or siblings, and it expressly adds “first cousins” to the list of prohibited relationships. The statute has been in effect since 1977 and has not been amended despite periodic legislative proposals. Violating the law can result in the marriage being declared null and void, and the parties may face civil penalties for filing a false application.
Historical Context and Legislative Attempts
From the 1970s through the 2010s, Utah’s cousin‑marriage ban mirrored national trends; a 1995 survey showed 62 % of Americans opposed cousin marriage. In 2019, a bipartisan bill was introduced to allow first‑cousin marriage with a mandatory genetic‑counseling session, but it failed to secure a committee vote. The most recent attempt in 2024 garnered a narrow 5‑vote majority in the House Judiciary Committee but stalled on the Senate floor, leaving the law unchanged for 2026.
Why the Ban Persists
The primary arguments sustaining the prohibition are public‑health concerns and perceived social stigma. Studies from the National Center for Health Statistics indicate that offspring of first‑cousin unions have a 1.7‑fold increase in recessive genetic disorders compared with the general population. Lawmakers also cite the “community standards” argument, noting that a majority of Utah residents continue to view cousin marriage as culturally inappropriate.
Potential for Change After 2026
Although the ban is expected to remain in force through 2026, the bipartisan momentum generated by the 2024 bill suggests future reform is possible. Advocacy groups are lobbying for a “genetic‑screening exemption” model, similar to policies in parts of Canada. If a new bill passes the 2027 legislative session, the legal landscape could shift, but until then the prohibition stands.
FAQ
Can a first‑cousin marriage performed out‑of‑state be recognized in Utah?
No. Utah will not recognize a marriage between first cousins performed elsewhere, and the couple would be considered unmarried under state law.
Are there any criminal penalties for attempting to obtain a marriage license?
The act itself is not criminal, but filing a false application can lead to a misdemeanor charge for fraud or providing false information.
Does the ban apply to all cousins, including double cousins?
Yes. The statute does not differentiate; any first‑cousin relationship, whether single or double, is prohibited.
Could a court grant a waiver for a first‑cousin marriage?
Utah courts have no authority to waive the statutory prohibition. A marriage license can only be issued if the statute allows it.
How does Utah’s ban compare to other states?
As of 2026, 24 states prohibit first‑cousin marriage, while 13 states allow it without restriction. Utah remains among the states with a strict ban.