Yes, it is currently illegal to marry your first cousin in Tennessee — but the law changed recently. As of April 2024, Tennessee passed legislation explicitly banning first-cousin marriages, closing a loophole that previously allowed it.
The Current Legal Status
The situation is complex because Tennessee’s law has evolved:
A 1960 attorney general opinion had concluded that Tennessee’s 1829 statute did not prevent cousins from marrying, creating what lawmakers called a “loophole”. The 2024 legislation closed this gap.
What Tennessee Law Actually Says
Tennessee Code Annotated § 36-3-101 defines prohibited degrees of relationship for marriage. The law bans marriage between:
Prohibited Relationships Under T.C.A. § 36-3-101:
- Lineal ancestors (parents, grandparents, great-grandparents)
- Lineal descendants (children, grandchildren, great-grandchildren)
- Brothers and sisters (including half-siblings)
- Nieces and nephews
- Aunts and uncles
- First cousins (lineal descendants of a grandparent)
- Step-relatives (stepchildren, stepparents)
- Spouse’s lineal descendants
The 2024 bill replaced the phrase “nor the” with “nor the lineal descendant of a grandparent,” explicitly making first cousins ineligible to marry.
The 2024 Legislative Changes
The bill banning first-cousin marriage passed decisively:
Rep. Jernigan stated: “In 2024 we can rectify this loophole” and clarified that public health was not the consideration — the bill simply prohibits cousin marriage.
Legal Consequences of Violating the Law
Marriages entered into in violation of Tennessee’s prohibited relationship statute are void — meaning they have no legal validity:
- Void in Tennessee: The marriage is legally nonexistent
- Void regardless of location: Even if married in another state where cousin marriage is legal, Tennessee won’t recognize it
- Incestuous relationships: Tennessee considers these marriages incestuous
Why This Matters
Tennessee joins 32 states where cousin marriage is illegal or largely illegal. Only 18 states permit first-cousin marriages.
One opponent argued the ban contradicts Supreme Court same-sex marriage rulings, particularly for same-sex cousins who cannot have biological children together, but lawmakers rejected this amendment.
SOURCES:
- https://www.ctas.tennessee.edu/eli/who-can-marry
- https://www.cnn.com/2024/04/12/us/tennessee-first-cousin-marriage-bill
