Does Minnesota have an old law about consummating a marriage? Is it legal in Minnesota to marry a sibling
Executive summary
Minnesota law explicitly bars marriages between ancestors/descendants and between siblings (including half‑ and adoptive siblings); the statutory prohibition appears in the state's marriage code, Minn. Stat. §517.03 (prohibited marriages) [1] and is reflected in session law updates [2]. Minnesota also treats inability to consummate a marriage as a ground for annulment under its domestic relations chapter (consummation/physical capacity language in Minn. Stat. §518.02) [3].
1. The black‑and‑white statutory ban: siblings cannot marry in Minnesota
Minnesota’s marriage statutes list as void a “civil marriage between an ancestor and a descendant, or between siblings, whether the relationship is by the half or the whole blood or by adoption,” language that appears in the official statute text and related session laws [1] [2]. Legislative amendments and reprints over the years continue to show siblings as a prohibited degree of relationship for civil marriage in Minnesota [4].
2. Beyond siblings: the broader prohibited‑relations list
The same statutory chapter that bars sibling marriages also forbids ancestor/descendant marriages and other close kin in many contexts; Minnesota’s code organizes prohibited matches to reflect public‑policy concerns about incest and related issues [1] [5]. Secondary sources and practical guides summarize that Minnesota “prohibits marriages between certain relatives,” consistent with the statute [6].
3. Consummation and annulment: an older law still in the books
Minnesota’s annulment provisions include a clause treating physical incapacity to consummate as grounds for annulment: “A party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity” (Minn. Stat. §518.02) [3]. That statutory language shows that consummation—and physical capacity to consummate—remains a recognized legal factor in Minnesota annulment law [3].
4. How the consummation rule interacts with prohibited marriages
The consummation/annulment provision governs when a marriage can be annulled for incapacity; it does not override the categorical prohibitions on particular relationships. In other words, even if consummation were possible, Minnesota law still makes sibling marriages void by statute [1] [3]. Available sources do not mention any carve‑out that allows consummation to validate otherwise‑prohibited kin marriages.
5. Cultural and legislative context — cousin marriage debate vs. sibling ban
Public attention in Minnesota has more often focused on cousins than on siblings: bills to legalize first‑cousin marriages have been introduced in the past (e.g., a 2003 House effort) and news coverage of such proposals exists [7] [8]. That legislative history demonstrates that lawmakers have debated degrees of kinship beyond the clearly prohibited ancestor/descendant and sibling relationships; but those debates have not overturned the sibling prohibition [7] [8].
6. Criminal/incest laws and marriage prohibitions are distinct but related
National overviews of incest laws note most states criminalize intimate relations between close relatives and that marriage prohibitions often track those criminal or public‑policy rules [9]. Minnesota’s statutory framework places the sibling prohibition in the marriage chapter; separate criminal statutes and policy discussions about incest may also apply, but the sources provided do not detail a specific Minnesota incest criminal statute tied to sibling marriages [9] [1]. Available sources do not mention whether Minnesota criminalizes consensual adult incest in the same provision that bars sibling marriage; that specific link is not found in current reporting.
7. Practical implications and limits of the sources
If two siblings try to marry in Minnesota, the marriage would be void under the civil marriage statute [1]. Annulment law referring to consummation [3] remains on the books and would apply where the statutory criteria are met. Sources here include the official Revisor texts and legal guides; they do not provide court decisions applying these provisions to recent, specific cases, nor do they report any successful challenges to the sibling ban [1] [3] [6]. Therefore, claims about enforcement, prosecutions, or case law are not addressed in the current material.
8. Bottom line — what you can rely on
Statutory text from Minnesota’s code and session laws state plainly that siblings (half or whole blood, and adoptive siblings) cannot enter a civil marriage in Minnesota [1] [2]. Separately, Minnesota’s annulment statute recognizes inability to consummate as a ground for annulment [3]. For questions about enforcement, possible criminal consequences, or recent court rulings, consult an attorney or check further Revisor opinions and case law because those issues are not covered in the supplied sources.