Cecily Zamora
The legality of first-cousin marriage in the United States varies from state to state. In Tennessee, the topic of first-cousin marriage has been a subject of debate, with lawmakers voting on a bill that would prohibit such marriages in the state. The bill, known as House Bill 2041, was passed by the Tennessee House in April 2024, with only two Republican legislators voting against it. This bill was introduced to address concerns about the potential health risks associated with cousin marriages, particularly the increased risk of birth defects in their children. However, opponents of the bill, such as Republican Representative Gino Bulso, argued that it could violate the Obergefell v. Hodges U.S. Supreme Court decision, which legalised same-sex marriage nationwide. As of April 2024, the bill was awaiting the signature of Governor Bill Lee to become law in Tennessee. Prior to this bill, first-cousin marriage was legal in Tennessee, with some sources stating that first, second, and third cousin marriages were allowed under state law.
| Characteristics | Values |
|---|---|
| Marriage law in TN regarding first cousins | First, second, third, etc. cousin marriages are allowed under TN law |
| Recent changes to the law | In 2024, Tennessee banned first-cousin marriage |
| Public opinion | The bill banning marriage between first cousins was passed with two legislators voting against it |
| Amendment to the bill | An amendment was proposed to allow first-cousin marriages if the couple first seeks counseling from a genetic counselor |
| Amendment result | The amendment was voted down |
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What You'll Learn
First cousin marriage is legal in Tennessee
In the United States, the legal status of first-cousin marriage differs from state to state. While it is illegal or largely illegal in 32 states, it is legal or largely legal in 18. First-cousin marriage is legal in 17 states, including Alabama, California, and Colorado.
In Tennessee, first-cousin marriage was legal until 2024, when a bill banning first-cousin marriage was passed. The bill was introduced as a public health matter, with supporters arguing that it would prevent cousins from conceiving children with an increased risk of birth defects. The bill faced opposition from lawmakers who argued that it could violate the Obergefell v. Hodges U.S. Supreme Court decision, which legalized same-sex marriage across the country. An amendment was proposed to allow first-cousin marriages if the couple first sought counseling from a genetic counselor, but it was ultimately voted down.
Prior to the 2024 bill, first-cousin marriage had been legal in Tennessee due to a 1960 decision by the state's attorney general, who determined that marriage between first cousins did not violate a statute prohibiting marriage between relatives. Despite the recent ban, first-cousin marriage remains legal in many states across the country, although it is stigmatized and uncommon.
While critics of first-cousin marriage point to studies that show a higher risk of genetic disorders in the children of these marriages, others argue that the risk is not as significant as assumed and that legal bans are based on social and religious morality rather than scientific evidence. Some studies have cast doubt on the assumption that offspring of first cousins are at a significantly higher risk of health issues.
In summary, while first-cousin marriage was legal in Tennessee prior to 2024, the recent bill passed by the state House has made it illegal, with the decision awaiting the governor's signature. This change brings Tennessee in line with the majority of states in the U.S. that prohibit first-cousin marriages.
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The bill to ban first cousin marriage was passed in 2024
In April 2024, a bill was passed in Tennessee banning marriage between first cousins. The bill, known as House Bill 2041, was initially filed for introduction by Democratic Representative Darren Jernigan. The bill was passed in the House, with only two Republican legislators, Bulso and Representative Monty Fritts, voting against it. The bill then went to Governor Bill Lee, who could choose to sign it into law or veto it.
The bill was not passed without opposition. Republican Representative Gino Bulso argued for an amendment to the bill that would allow first cousins to marry if they first sought counseling from a genetic counsellor. Bulso contended that there was no risk to same-sex first cousins having children with birth defects and that the bill could violate the Obergefell v. Hodges U.S. Supreme Court decision, which legalised same-sex marriage across the country. Bulso's amendment was ultimately voted down.
Before the bill was passed, first cousin marriage was legal in Tennessee. This was due to a 1960 decision by Tennessee's attorney general that marriage between first cousins did not violate a statute prohibiting marriage between relatives. However, with the passing of the bill, Tennessee joined a number of other states in banning first cousin marriage. As of 2014, 24 U.S. states prohibited marriages between first cousins, with this number increasing to 32 as of 2025.
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Tennessee lawmakers voted against the bill
In April 2024, a bill was passed in the Tennessee House that banned marriage between first cousins in the state. However, this bill was not without opposition, and two Republican lawmakers, Representatives Gino Bulso and Monty Fritts, voted against it.
Lawmakers who opposed the bill, including Bulso, argued that it could violate the Obergefell v. Hodges U.S. Supreme Court decision, which legalised same-sex marriage across the country. Bulso contended that there was no compelling government interest to ban same-sex cousins from getting married and that the bill was discriminatory. He also questioned the public health concerns, stating that there was no significant risk to the offspring of first cousins. He also shared a story about his grandparents, who were first cousins, to illustrate his point.
Bulso proposed an amendment to the bill, suggesting that first cousins should be allowed to marry if they first sought counselling from a genetic counsellor. This amendment was voted down by the lawmakers, who ultimately approved the ban. The bill was sponsored by Democratic Representative Darren Jernigan, who stated that a loophole needed to be closed, referring to a 1960 attorney general's opinion that an 1820s Tennessee law restricting marriages among relatives did not include first cousins.
The bill then went to Governor Bill Lee's desk to be signed. It is unclear whether he signed the bill, but the fact that Tennessee lawmakers voted against it highlights the ongoing debate and differing opinions on the legality and ethical considerations of first-cousin marriages in the state and across the country.
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The bill was criticised for being homophobic
In 2024, Tennessee banned first-cousin marriage. This bill was criticised for being homophobic. During the debate, Republican representative Gino Bulso argued that the risk of married cousins having a child with birth defects does not exist for gay couples. He contended that there was no compelling government interest in banning same-sex cousins from getting married, and that doing so would contradict the US Supreme Court's decision on gay marriage. Bulso's comments highlight how the bill could be perceived as homophobic, as he draws a comparison between cousin marriages and same-sex marriages, both of which have faced legal and social opposition.
Bulso's stance is supported by studies that cast doubt on the assumption that offspring of first cousins are at a significantly higher health risk. Professors Diane B. Paul and Hamish G. Spencer also contribute to this argument, suggesting that legal bans on cousin marriages may be influenced by a small group of highly motivated activists, rather than scientific evidence. Additionally, Bulso's reference to the Supreme Court's gay marriage decision implies that the cousin marriage ban could be viewed as an attempt to indirectly restrict same-sex marriages, further fueling accusations of homophobia.
However, it is important to note that the bill's proponents, such as Democratic representative Darren Jernigan, framed it as a way to "close the loophole" on cousin marriages. Jernigan's choice of words suggests that the bill was intended to uphold existing social norms and legal restrictions on marriages between relatives. This perspective aligns with historical efforts to maintain social order and uphold religious morality, as suggested by anthropologist Martin Ottenheimer.
While the bill's impact on cousin marriages is clear, its implications for same-sex marriages are less direct. Bulso's argument against the bill highlights the potential for unintended consequences, such as restricting the marriage rights of same-sex couples who are also cousins. This indirect impact could be why the bill drew criticism for being homophobic, as it may contribute to a broader climate of discrimination against the LGBTQ+ community.
The bill's homophobic undertones are further evidenced by Bulso's support for legislation targeting the LGBTQ+ community, including a bill to ban displaying Pride flags in public school classrooms. This additional context reinforces the perception that the cousin marriage bill, and Bulso's position on it, are influenced by a social conservatism that may be resistant to the advancement of LGBTQ+ rights. Overall, while the bill's primary focus is on banning cousin marriages, its potential implications for same-sex marriages and the involvement of conservative lawmakers contribute to the criticism that it is rooted in homophobic sentiments.
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First cousin marriage is legal in 18 states
In April 2024, Tennessee passed a bill banning first cousins from marrying, becoming the latest US state to do so. The bill was proposed by Democratic representative Darren Jernigan, who stated that he hoped that "in 2024, we can close this loophole". Republican representative Gino Bulso opposed the bill, arguing that there was no "compelling government interest" to ban same-sex cousins from marrying.
The legality of first cousin marriage varies across the United States, with 18 states deeming it legal or largely legal, and 32 states deeming it illegal or largely illegal. The practice is not widespread in the states where it is permitted. Some states that prohibit cousin marriage recognise marriages performed in other states, but laws also exist that explicitly void all foreign cousin marriages or marriages conducted by state residents out of state.
The main reason for banning first-cousin marriages is often said to be medical, with critics pointing to studies that show children of these couples have a higher risk of developing some genetic disorders. However, this has been contested by Professor Alan Bittles of Murdoch University and Edith Cowan University in Australia, who studied cousin marriages for 30 years. He stated that 10.4% of people worldwide are married to a close relative or are the children of such a marriage, equating to over 700 million people. Some studies have also cast doubt on whether offspring of first cousins are at as significant a health risk as is popularly assumed.
First cousin marriage was legal in all US states before the Civil War. Anthropologist Martin Ottenheimer suggests that marriage prohibitions were introduced to maintain the social order and uphold religious morality. Writers such as Noah Webster and ministers like Philip Milledoler and Joshua McIlvaine helped lay the groundwork for such viewpoints before 1860. This led to a gradual shift in concern from affinal unions to consanguineous unions. By the 1870s, Lewis Henry Morgan was writing about "the advantages of marriages between unrelated persons" and the necessity of avoiding "the evils of consanguine marriage".
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Frequently asked questions
No, as of 2024, Tennessee has banned first-cousin marriage.
Critics of first-cousin marriages have pointed to studies that show that children of first-cousin couples have a higher risk of developing some genetic disorders.
First, second, third, etc. cousin marriages were allowed under TN law.
Some other states that ban first-cousin marriages include Kentucky, Texas, and Maine.
Some states that allow first-cousin marriages include Alabama, California, and Colorado.
