The question of whether you can marry your cousin has long been a topic of curiosity, debate, and even taboo. In the United States, the laws surrounding cousin marriage vary dramatically from state to state, creating a complex legal patchwork. For years, Tennessee was one of the states where marrying your first cousin was legally permissible.
However, a significant legislative change in 2024 has rewritten the rules, bringing the state in line with a majority of others that prohibit such unions. This article delves into the specifics of Tennessee’s new law, the historical context that preceded it, the passionate debate that led to its passage, and what it all means for residents of the Volunteer State.
The Shift in Tennessee’s Marriage Laws
In the spring of 2024, the Tennessee General Assembly passed a bill that explicitly bans marriage between first cousins. This legislation, which Governor Bill Lee was expected to sign into law, marked a definitive end to a practice that had been legally sanctioned in the state for decades. The bill passed with overwhelming support in both the House and the Senate, signaling a strong legislative consensus on the issue.
The Tennessee General Assembly passed House Bill 2041 in April 2024, which Governor Bill Lee signed into law on April 29, 2024. The core of the new law is an amendment to the Tennessee Code Annotated (TCA) § 36-3-101. The updated text now prohibits marriage with a “lineal descendant of a grandparent.” To understand what this means in practical terms, consider your family tree. Your grandparents’ lineal descendants include your parents, your aunts, your uncles, and, crucially, your first cousins. By adding this specific language, the law closes what many legislators viewed as an unintended loophole in the previous statute.
Before this change, the law was less precise. It primarily focused on prohibiting marriage between a grandparent’s “children,” which left the status of grandchildren—first cousins—open to interpretation. A 1960 opinion from the state’s attorney general concluded that the existing statute did not, in fact, prohibit marriage between cousins. This interpretation effectively made first-cousin marriage legal in Tennessee, a status that remained unchanged for more than 60 years. The 2024 legislation was specifically designed to correct this long-standing ambiguity and establish a clear, modern standard.
Tennessee has officially made it illegal to marry your first cousin as of 2025, closing a legal loophole that had existed for nearly two centuries. The new law prohibits marriages between “lineal descendants of a grandparent,” bringing Tennessee in line with 31 other states that ban cousin marriage.
So, Is It Illegal to Marry Your Cousin in Tennessee in 2025? Yes, it will be illegal in Tennessee to marry your first cousin in 2025
Historical Context: The 1829 Law and 1960 Opinion
Tennessee’s marriage restrictions date back to 1829 when the 18th General Assembly enacted legislation prohibiting certain types of marriages between relatives. The original law prohibited marriage between “the child of a grandparent,” but this language created ambiguity about first cousins.
In 1960, Tennessee’s Attorney General issued an opinion determining that the 1829 statute did not actually prohibit marriages between first cousins. This interpretation over 60 years, making it one of only 19 states that permitted first cousin marriage without restrictions.
The legal confusion stemmed from the specific wording of the original statute. While it prohibited marriage between “the child of a grandparent” (referring to aunts and uncles), it did not explicitly mention “lineal descendants of a grandparent,” which would include first cousins.
Tennessee’s Major Cities and Marriage Laws
The new law applies uniformly across all Tennessee municipalities and counties. The state’s major population centers include:
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Nashville (the capital): 712,334 residents
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Memphis: 618,639 residents
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Knoxville: 198,162 residents
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Chattanooga: 187,030 residents
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Clarksville: 180,716 residents
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Murfreesboro: 165,430 residents
With Tennessee’s total population of approximately 7.3 million people, this law change affects potential marriages throughout all 95 counties in the state. Marriage licenses are issued by county clerks in each jurisdiction, and all must now comply with the updated prohibited relationship requirements.
Current Legal Landscape Across the United States
Tennessee’s decision makes it the 32nd state to prohibit first cousin marriage. Currently, the legal status of first cousin marriage varies significantly across the United States:
States that completely prohibit first cousin marriage (32 states):
Alaska, Arkansas, Delaware, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Washington, West Virginia, Wyoming, and others.
States that allow first cousin marriage without restrictions (17 states):
Alabama, California, Colorado, Connecticut, Florida, Georgia, Maryland, Massachusetts, New Jersey, New York, New Mexico, North Carolina, Rhode Island, South Carolina, Vermont, Virginia, and the District of Columbia.
States with conditional allowances:
Some states permit first cousin marriage under specific circumstances, such as Arizona (only if both parties are 65 or older or one is infertile), Maine (with genetic counseling), and Wisconsin (only if the woman is at least 55 or either is permanently sterile).
Legislative Debate and Opposition
The Tennessee legislation faced some opposition during the legislative process. Republican Representative Gino Bulso of Brentwood voted against the bill and filed an amendment that would have allowed first cousin marriages if couples underwent genetic counseling. Bulso argued that the increased risk of birth defects from first cousin marriages is relatively modest, citing studies showing the risk ranges from 1.7% to 2.8% according to the Journal of Genetic Counseling.
Bulso also raised constitutional concerns, arguing that a blanket ban on first cousin marriages could violate the Supreme Court’s 2015 Obergefell v. Hodges decision regarding same-sex marriage rights. He specifically questioned whether there would be any public health justification for prohibiting marriage between male first cousins who cannot reproduce together.
However, his amendment was rejected, and the House voted to table his proposed changes. Representative Jernigan, the bill’s sponsor, emphasized that his legislation was not specifically about public health concerns but simply about prohibiting cousin marriages as a matter of public policy.
Health and Genetic Considerations
The health risks associated with first cousin marriages have been extensively studied by medical professionals and geneticists. First cousins share approximately 12.5% of their DNA, having common grandparents. This genetic similarity increases the likelihood that both parents will carry the same recessive genes, potentially leading to genetic disorders in their children.
Key Statistics on Health Risks:
Research indicates that children born to first cousin parents face a 4-6% risk of autosomal recessive genetic disorders, compared to 3-4% for children of unrelated parents. While this represents an increased risk, many medical experts note that the absolute risk remains relatively low.
Studies have documented specific health concerns:
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Increased risk of birth defects ranging from 1.7% to 2.8%
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Higher rates of infant mortality and stillbirths
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Greater likelihood of congenital malformations
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Elevated risk for conditions like cystic fibrosis, thalassemia, and Tay-Sachs disease
However, scientific research also shows that the risks are not as severe as commonly perceived. A significant study highlighted an increased risk of 4.4% for pre-reproductive mortality in children born from first-cousin unions, while research from Brazil found that children born from cousin marriages are 4.16 times more likely to suffer from rare genetic diseases compared to children of non-related parents.
Impact on Tennessee Residents
The new law affects several aspects of marriage and family law in Tennessee:
Legal Requirements:
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Marriage licenses cannot be issued to first cousins
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Existing first cousin marriages performed in other states may not be recognized
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County clerks must verify family relationships before issuing licenses
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Violations could result in void marriages
Exceptions and Clarifications: The law does not affect marriages between second cousins or more distant relatives. It also does not criminally penalize individuals in existing first cousin marriages that were legally performed before the law took effect.
Religious and Cultural Communities:
Some religious and cultural communities that traditionally practice cousin marriage may need to adapt to the new legal requirements. However, Tennessee residents can still travel to states where such marriages remain legal, though the recognition of these unions in Tennessee may be complicated.
Enforcement and Implementation
Tennessee county clerks across all 95 counties are responsible for implementing the new marriage restrictions. The state’s County Technical Assistance Service has provided guidance to local officials on the updated prohibited relationship requirements.
Marriage licenses in Tennessee are issued at the county level, with fees and procedures varying by jurisdiction. The updated law requires clerks to verify that applicants are not “lineal descendants of a grandparent,” which includes first cousins, aunts, uncles, nieces, and nephews.
Administrative Impact:
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Enhanced verification procedures for family relationships
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Updated application forms and documentation requirements
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Training for county clerk staff on the new prohibitions
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Coordination with state vital records systems
Legal Challenges and Future Considerations
Legal experts anticipate potential challenges to Tennessee’s cousin marriage ban, particularly given the constitutional arguments raised during the legislative debate. Some legal scholars argue that restrictions on marriage rights require compelling state interests and should be narrowly tailored.
The legislation may face scrutiny under several constitutional principles:
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Due Process: Whether the state has sufficient justification for limiting marriage rights
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Equal Protection: Whether the ban applies fairly across different groups
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Full Faith and Credit: How Tennessee will treat cousin marriages performed in other states
Additionally, as societal attitudes toward marriage continue to evolve, Tennessee’s position may be subject to future legislative review or court challenges.
Conclusion
The passage of the 2024 law provides a clear and unambiguous answer to a long-standing legal question: it is now illegal to marry your first cousin in Tennessee. The law aligns the state with the majority of the country and closes a chapter of legal history that began with an 1829 statute. The legislative process that led to this change brought to light a fascinating mix of public health concerns, historical precedent, and constitutional arguments.
For residents of Nashville, Memphis, Knoxville, and all across the Volunteer State, the law is now clear. While marriage itself continues to evolve, the state has drawn a firm line on this particular type of union, reflecting a shift in both legal thinking and social norms.
