Current Legal Status of Cousin Marriage in Tennessee
As of April 2025, marrying your first cousin in Tennessee is currently legal, but this status is on the verge of changing due to recent legislative developments. Historically, Tennessee law did not explicitly prohibit first cousin marriages, which created a legal loophole that allowed such unions.
Recent Legislative Action
In April 2025, the Tennessee House of Representatives passed a bill specifically banning marriage between first cousins. The bill received overwhelming support, with only two lawmakers voting against it. This legislative move aims to close the long-standing loophole that allowed first cousins to marry in the state. The bill now awaits the signature of Governor Bill Lee, who has not yet publicly stated whether he will sign it into law.
If the governor signs the bill, first cousin marriage will become illegal in Tennessee. Until that happens, the practice remains legal, but this could change imminently.
Background: Why Was It Legal?
The legality of first cousin marriage in Tennessee dates back to a 1960 opinion by the state’s attorney general, who determined that the existing statute did not prohibit marriages between cousins. The law at the time only barred marriages between “children of a grandparent,” which did not explicitly include cousins. This interpretation persisted for decades, allowing first cousin marriages to occur legally in the state.
Details of the New Law
- Scope: The new bill bans marriage between “lineal descendants of a grandparent,” which explicitly includes first cousins.
- Exceptions: During the legislative debate, there was discussion about allowing first cousin marriage if the couple underwent genetic counseling, but this amendment was ultimately rejected.
- Motivation: Supporters of the ban cite public health concerns, specifically the increased risk of birth defects among children of first cousins. Opponents argue that the risk, while present, is not as significant as sometimes portrayed and that the law infringes on personal freedoms.
Comparison with Other States
Tennessee is one of 17 states where first cousin marriage is currently legal, though this number is poised to drop if the governor signs the new bill. Other states that allow first cousin marriage include Alabama, California, Colorado, Connecticut, Florida, Georgia, Maryland, Massachusetts, New Jersey, New York, New Mexico, North Carolina, Rhode Island, South Carolina, Vermont, and Virginia.
Summary Table: Tennessee’s Cousin Marriage Law
| Status (April 2025) | Legal for First Cousins? | Change Pending? | Notes |
|---|---|---|---|
| Current Law | Yes | Yes | Legal due to a 1960 AG opinion; loophole in statute |
| New Bill Passed by House | No (if signed) | Awaiting Gov. | Bill bans marriage between lineal descendants of a grandparent |
| Governor’s Signature Needed | N/A | Yes | Law will take effect if governor signs the bill |
What Happens Next?
- If the governor signs the bill: First cousin marriage will become illegal in Tennessee.
- If the governor vetoes or does not sign: The current legal status allowing first cousin marriage will remain, unless further legislative action is taken.
As of now, it is still legal to marry your first cousin in Tennessee. However, this is likely to change very soon, as a bill banning such marriages has passed both legislative chambers and is awaiting the governor’s signature. Anyone considering such a marriage should closely monitor the situation, as the legal landscape may shift in the coming weeks.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.youtube.com/watch?v=RfirDu1SNrg
- https://www.youtube.com/watch?v=5zJ3uktKfUo
- https://www.ctas.tennessee.edu/eli/who-can-marry
- https://abc3340.com/news/nation-world/tennessee-house-passes-bill-banning-first-cousin-marriages-after-spirited-debate-politics
