Marriage Laws

Emily Dickinson once said, “The heart wants what the heart wants . . .

So, what happens when what the heart wants is generally considered taboo? Many may raise an eyebrow at the idea of marrying their cousin, but the practice was long considered commonplace for those entrenched in communities over the course of several generations.

Between 1650 and 1850, the average married couple was fourth cousins, meaning they shared the same great-great-great grandparents, research shows.

The researchers at the Lawrence County Historical Society were presented with a first- cousin- marrying- a- first- cousin situation in a genealogical project and wondered if that had been allowed in Illinois at the time.

They found the following article prepared by the Chicago Public library addressing the issue. Following is a historical summary of who you couldn’t marry according to the Illinois Revised Statutes.

The State of Illinois passed its first marriage law in 1819. Note that actual enforcement was somewhat complicated. Some types of marriages might be considered valid until voided by a court order. An example might be if both parties were drunk when deciding to get married. Other types of marriage are considered void even without a court order. Common law marriages have not been valid since 1905.

• Bigamy or plural marriages: Although popular in some parts of the world, plural marriages have been prohibited from 1819 to date. Bigamy had been punishable under Indiana Territorial laws by death. In 1819, Illinois reduced the sentence to “no less than 100 nor more than 1,000 lashes”—which would have probably resulted in death. It is doubtful if this was often enforced. One could always use the defense that you didn’t know if the first spouse was still alive. In later years penalties were much reduced.

  
  

• Stolen Brides: Prohibited 1819 to date Even if your bride was later happy to be married, the marriage is void if you stole her in the first place.

  
  

• Age of marriage: 

1819-1974: Males 21 and females 18. With parental consent, 17 for males and 14 for females.

1905- Changed to 18 for males and 16 for females.

1974 to date: 18 and over for both sexes, 16 with parental consent, 15 with a court order.

• Interracial Marriage: Prohibited 1829-1874 The 1829 Illinois law stated: “No person of color, negro or mulatto shall marry any white person." Laws against interracial marriage were repealed in 1874, never to be resurrected.

  
  

• People with Mental Disabilities: Marriage prohibited or limited to some degree 1819-1965.Prior to 1874 by common law (cases decided by judges). From 1874-1965, by acts of the General Assembly.

  
  

• Closely related persons: Prohibited/restricted 1819 to date In 1843 incest was formally defined and prohibited. Marriages were prohibited with parents, grandparents, uncles, aunts and siblings.

  
  

• First Cousins: Prohibited 1887 to date Although cousin marriage is popular in many parts of the world and legal in about a third of the states, it has been prohibited in Illinois from 1887 to date. First cousins were permitted to marry in 1981, but only if both were over 65. In 1984, the age was lowered if both were over 50, or either was sterile. There are no laws against 2nd cousins or cousins of more distant relations.

  
  

• Same-Sex Marriage: Became legal in 2014