When it comes to marriage laws in the United States, each state has its own set of rules and regulations. In South Dakota, the law is quite clear about who can and cannot marry, particularly when it comes to cousins. Here, we will break down the South Dakota marriage laws and focus on the specifics surrounding first cousins, half first cousins, and other related relationships.
Can First Cousins Marry in South Dakota?
South Dakota has strict laws when it comes to marriage between cousins. First cousins and half-first cousins (we will explain what this means shortly) are not allowed to marry under any circumstances. This rule applies regardless of whether the relationship is by blood or through adoption.
What is the Meaning of “Half Blood” and “Whole Blood”?
To understand the law fully, it’s important to know what “half blood” and “whole blood” mean in this context. “Whole blood” refers to individuals who are full siblings, meaning they share both parents. “Half blood” refers to individuals who are half-siblings, meaning they share only one parent.
The children of full siblings are considered first cousins, while the children of half-siblings are called half-first cousins. The South Dakota marriage law bans both first cousins and half-first cousins from marrying. This is one of the few states that explicitly includes half-first cousins in its marriage prohibition.
The History of South Dakota’s Marriage Laws
The ban on cousin marriages in South Dakota has been in place since the 1860s, making it a long-standing rule. There have been no significant changes to this law over the years, and it remains one of the few states with such a strict stance on cousin marriages.
Are There Any Exceptions to This Law?
Unlike some other states, South Dakota does not allow any exceptions for first cousin marriages. Some states, like California, allow cousin marriages under certain conditions, such as if both parties are above a certain age or if one party is unable to have children. However, South Dakota’s laws apply a blanket ban, meaning there are no exceptions or allowances in place.
Can Other Types of Cousins Marry in South Dakota?
If you’re a first cousin once removed, or related in a more distant way, you’re in luck. South Dakota law allows marriages between people who are more distantly related than first cousins. This means that second cousins, third cousins, and others further along the family tree are allowed to marry within the state.
For those who are unsure about the differences between first cousins, second cousins, and other relationships, there are plenty of resources available online to help clarify these terms.
Does the South Dakota Marriage Application Ask About Blood Relations?
In some states, marriage applications ask if the couple is related by blood, but South Dakota does not include this question on its marriage application form. While this might seem surprising, it’s important to remember that when you sign the marriage application form in South Dakota, you’re affirming that there are no legal barriers to your marriage. So, even if the form doesn’t specifically ask about blood relation, the couple must ensure they meet the legal requirements.
Can First Cousins Marry in Neighboring States?
South Dakota is bordered by six other states: Iowa, Minnesota, Montana, Nebraska, North Dakota, and Wyoming. Unfortunately for first cousins, none of these states allow cousin marriages. So, if you’re looking to marry a first cousin, you would have to consider traveling to a state where such marriages are permitted.
For example, Colorado, which is a little farther away, does allow first cousin marriages. This might make it a suitable destination for couples from South Dakota who are interested in getting married.
What About Catholic Marriages?
Even if first cousins were to marry in a state where such marriages are legal, they could still face challenges if they wish to have a Catholic wedding. The Catholic Church has historically discouraged marriages between first cousins. However, the Church has relaxed its stance in recent years, and it is now possible for first cousins to receive special permission, known as a dispensation, to marry in a Catholic Church.
For second cousins and more distant relatives, the Catholic Church does not impose any restrictions, but it is still a good idea to inform the priest beforehand to avoid any awkward situations during the ceremony.
In South Dakota, first cousins and half-first cousins are not allowed to marry under state law. The law has been in place for many years and there are no exceptions. However, people who are more distantly related, such as second cousins, are free to marry.
If you are considering marriage in South Dakota or any other state, it is important to understand the local laws surrounding cousin marriages to avoid any legal issues.
If you live in South Dakota or a nearby state where cousin marriages are prohibited, and you’re still interested in marrying your cousin, you might need to consider relocating to a state where it is legal. Additionally, if you plan on having a Catholic wedding, first cousins may need to go through a process to receive special permission from the Church.
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