AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGES.

Legislation Document

SPONSOR:

Rep. Wilson-Anton & Sen. Sturgeon

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 8

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 101, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 101. Void and voidable marriages.

(a) A marriage is prohibited and void between a person and such person’s ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.

(1) A marriage obtained or recognized outside this State between first cousins, that is valid by the laws of the jurisdiction in which the marriage was obtained or recognized, shall constitute a legal and valid marriage in this State.

(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:

(1)-(5) [Repealed.]

(6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph (b)(6) may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree;

(7) On probation or parole from any court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a marriage license a written consent to such person’s proposed marriage from the chief officer of such court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully marry.

(c) [Repealed.]

(d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the

State.

State except as provided under paragraph (a)(1) of this

section.

(e) For all purposes of the laws of this State, 2 persons of the same gender who are parties to a legal union other than a marriage (whether designated as a civil union, a domestic partnership or another relationship) established in another jurisdiction shall be afforded and shall be subject to the same rights, benefits, protections, responsibilities, obligations and duties as are afforded and imposed upon married spouses (whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity) if:

(1) Such legal union was validly entered into in such other jurisdiction;

(2) Such legal union would not be prohibited as a marriage by reason of subsection (a) of this section; and

(3) Such legal union affords and imposes on such individuals under the laws of the jurisdiction establishing such union substantially the same rights, benefits, protections, responsibilities, obligations and duties as a marriage.

SYNOPSIS

Twenty-six states presently allow first cousin marriages. No European country prohibits marriages between first cousins. It is also legal throughout Canada and Mexico. This Act amends Delaware’s marriage laws by recognizing a valid marriage obtained or recognized outside Delaware, between first cousins, as a valid and legal marriage in Delaware.