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Delaware legislature introduces bill to recognize lawful first cousin marriages

Delaware Legislative Hall
Delaware Public Media
Delaware Legislative Hall

Delaware is presently among 25 states that ban first cousin marriages, but a new bill could alter that law to some extent.

State Rep. Madinah Wilson-Anton’s (D-Newark) legislation would only recognize legal first cousin marriages made outside the First State — it would not legalize such marriages to occur within Delaware.

"If you have a cousin that lives in Delaware that you were looking to marry, you can't do that if this bill passes. But, if you got married in France or you got married in New York to your first cousin ,and then you live here and you're trying to bring them here, your marriage would be recognized just like any other marriage is recognized," she explained.

The inspiration for the bill came from a constituent who approached her with a challenging circumstance.

In an attempt to reunite his family, her constituent — who is a U.S. citizen — applied to bring his wife into Delaware from out of the country, but the federal government rejected the proposal, noting Delaware does not recognize marriages between first cousins and recommended he move to a different state and reapply.

“I don't feel like the government should be in the business of telling people who they should marry, and I don't think that we should be encouraging community members who are contributing members of our society to move to other states and contribute to their economies because of our cultural differences," Wilson-Anton said.

With Tennessee’s decision to ban first cousin marriages in 2024, there are presently 18 states where such marriages are legal and seven states where first cousin marriages are legal with caveats, such as age and genetic counseling requirements.

Wilson-Anton says she knows several couples within her community that are first cousins. In addition to half of U.S. states, first cousin marriages are legal in several European countries, Canada and Mexico.

“I know this is not going to be popular for some people, but it's an issue in my community, and I was elected to be the voice for my community. So I think it's important that we actually have a conversation about it, and I hope that my constituent knows that his issue didn't fall on deaf ears.” 

She expects the legislation to have its first hearing in March following a legislative break in February for budget hearings.

Before residing in Dover, Delaware, Sarah Petrowich moved around the country with her family, spending eight years in Fairbanks, Alaska, 10 years in Carbondale, Illinois and four years in Indianapolis, Indiana. She graduated from the University of Missouri in 2023 with a dual degree in Journalism and Political Science.