Florida remains one of a minority of states where first cousins can legally wed after a legislative push to ban the practice failed to reach the finish line before the 2026 session adjourned.
Despite initial bipartisan momentum, House Bill 733—which sought to modernize Florida’s consanguinity laws—died on the calendar on March 13. The failure to pass the measure leaves Florida among 16 states, including New York and California, that maintain no legal restrictions on marriages between first cousins.
The Legislative Effort
The proposal, spearheaded by State Rep. Dean Black (R-Jacksonville), aimed to close what advocates call an antiquated loophole in state family law. While Florida currently prohibits unions between immediate nuclear family members, it does not bar descendants of the same grandparent from entering into a legal marriage.
Rep. Black integrated the ban as an amendment to a broader Department of Health package. The language was specific:
- Prohibition of Lineal Consanguinity: Formalized bans on marrying direct ancestors or descendants.
- Extended Family Restrictions: Explicitly barred marriages between siblings, aunts/uncles, and nieces/nephews.
- First-Cousin Ban: Would have prohibited marriage between individuals sharing the same grandparent effective July 1.
The amendment was adopted without objection on Feb. 24, signaling broad initial support. However, the larger legislative package became entangled in end-of-session negotiations, preventing a final floor vote before the mandatory adjournment.
A “Wilderness” Law in a Modern State
Rep. Black argued that the current lack of restrictions is a vestige of Florida’s frontier past.
“There was a time when I think first cousin marriages were allowed because population densities were not great… when Florida was a wilderness,” Black stated. “There are plenty of people here now, and there are plenty of people you can find to be your lifelong partner without looking to your first cousin.”
While the biological risks associated with first-cousin unions—such as increased rates of recessive genetic disorders—have long been a point of medical debate, the legislative push focused primarily on updating social and legal standards to align with the majority of the U.S.
National Landscape
Currently, marriage laws regarding cousins vary significantly across the country:
- Total Bans: 24 states strictly prohibit first-cousin marriage.
- Conditional Allowance: Several states allow such unions only if the individuals are of a certain age (often 65+) or can prove infertility.
- No Restrictions: Florida remains in a group of 16 states with zero prohibitions on the practice.
What’s Next?
The expiration of the 2026 session does not mean the issue is settled. Rep. Black has signaled his intent to reintroduce the language in the next legislative cycle, either as a standalone bill or as part of a different policy package.
“I think it should come back,” Black noted, suggesting that the lack of formal opposition to his amendment indicates the bill may have a clear path to victory in the future, provided it avoids the “logjam” of general health department legislation.
