• Current through October 23, 2012

The following marriages are prohibited in the District of Columbia and shall be absolutely void ab initio, without being so decreed, and their nullity may be shown in any collateral proceedings, namely:

(1) Repealed.

(2) Repealed.

(2A) The marriage of a person with a person's grandparent, grandparent's spouse, spouse's grandparent, parent's sibling, parent, step-parent, spouse's parent, child, spouse's child, child's spouse, sibling, child's child, child's child's spouse, spouse's child's child, sibling's child.

(3) The marriage of any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce.

(Mar. 3, 1901, 31 Stat. 1391, ch. 854, § 1283; July 7, 2009, D.C. Law 18-9, § 3(a), 56 DCR 3797; redesignated as § 1283a, Mar. 3, 2010, D.C. Law 18-110, § 2(a), 57 DCR 27.)


Prior Codifications

2001 Ed., § 46-401.

1981 Ed., § 30-101.

1973 Ed., § 30-101.

Effect of Amendments

D.C. Law 18-9 repealed pars. (1) and (2); and added par. (2A). Prior to amendment, pars. (1) and (2) read as follows:

"(1) The marriage of a man with his grandmother, grandfather's wife, wife's grandmother, father's sister, mother's sister, mother, stepmother, wife's mother, daughter, wife's daughter, son's wife, sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daughter;

"(2) The marriage of a woman with her grandfather, grandmother's husband, husband's grandfather, father's brother, mother's brother, father, stepfather, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, husband's son's son, husband's daughter's son, brother's son, sister's son;".

Legislative History of Laws

Law 18-9, the "Jury and Marriage Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-10 which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 7, 2009, and May 5, 2009, respectively. Signed by the Mayor on May 6, 2009, it was assigned Act No. 18-70 and transmitted to both Houses of Congress for its review. D.C. Law 18-9 became effective on July 7, 2009.

For Law 18-110, see notes following § 46-401.

Editor's Notes

Former § 46-401 has been recodified as § 46-401.01 by D.C. Law 18-110, § 2(a).