Is It Illegal to Marry Your Cousin in Tennessee? Here’s What the Law Says

Is It Illegal to Marry Your Cousin in Tennessee Here's What the Law Says

Marrying your first cousin in Tennessee is illegal. Here’s what the law says about cousin marriage in Tennessee:

Recent Legislative Change

In 2024, Tennessee passed a bill banning marriages between first cousins. This new law marks a significant change in the state’s marriage regulations:

  • The Tennessee House passed the bill with overwhelming support (75 voting yes, 2 voting no, and 9 not voting)
  • The bill was sent to Governor Bill Lee’s desk for signature

Previous Legal Status

Prior to this new legislation:

  • First cousin marriages were legal in Tennessee
  • The legality stemmed from an unintended loophole in a law passed in 1829
  • A 1960 attorney general opinion determined that the existing statute did not prohibit marriages between cousins

Reasons for the Change

The bill’s sponsors cited several reasons for banning first cousin marriages:

  • Potential public health concerns
  • Closing a long-standing legal loophole
  • Aligning Tennessee’s laws with those of many other states

Debate and Opposition

The bill faced some debate in the legislature:

  • Rep. Gino Bulso argued that the increased risk of birth defects in first cousin marriages is relatively small (1.7% to 2.8%)
  • Some lawmakers raised concerns about potential conflicts with the 2015 U.S. Supreme Court ruling on same-sex marriages

Current Status of Cousin Marriages in Tennessee

Under the new law:

  • Marriages between first cousins are prohibited
  • The ban applies regardless of the gender of the cousins involved
  • The law defines first cousins as “lineal descendants of a grandparent”

Comparison to Other States

Tennessee’s new law brings it in line with the majority of U.S. states:

  • 32 states prohibit first cousin marriages
  • 18 states allow first cousin marriages, with some imposing restrictions

It’s important to note that while first cousin marriages are now banned in Tennessee, marriages between more distant cousins (such as second cousins) remain legal, as they are in all U.S. states.

Sources:

  1. https://mynbc15.com/news/nation-world/tennessee-house-passes-bill-banning-first-cousin-marriages-after-spirited-debate-politics
  2. https://www.ctas.tennessee.edu/eli/who-can-marry
  3. https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
  4. https://www.youtube.com/watch?v=gtSDBjrl4pc
  5. https://www.cnn.com/2024/04/12/us/tennessee-first-cousin-marriage-bill/index.html