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This state legislature just banned first-cousin marriage

April 12, 2024 By: The Horn editorial team

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The Tennessee Legislature, led by Republicans, has overwhelmingly approved a proposal to ban marriage between first cousins. The bill, which was passed by the House with a 75-2 vote and previously approved by the Senate without opposition, will now be sent to GOP Gov. Bill Lee for his signature.

During the House debate, Republican Rep. Gino Bulso emerged as a vocal opponent of the bill. He argued for an amendment that would allow first-cousin marriages if the couple first sought counseling from a genetic counselor. Bulso has previously a personal story about his grandparents, who were first cousins from Italy and traveled from Ohio to Tennessee to get married.

Bulso, a socially conservative attorney, also contended that the risk of birth defects in children born to married cousins does not apply to same-sex couples. He argued that banning same-sex cousins from getting married would violate the U.S. Supreme Court’s 2015 decision on gay marriage. He said this even while describing the Supreme Court’s decision on the matter as “grievously wrong.”

Despite Bulso’s arguments, lawmakers ultimately voted down his amendment and approved the ban proposed by Democratic Rep. Darren Jernigan. Jernigan explained that a 1960 attorney general’s opinion determined that an 1820s Tennessee law restricting some marriages among relatives does not prevent first cousins from marrying. He also disputed Bulso’s claim that the bill violated the gay marriage ruling.

Republican Rep. Monty Fritts was the only other lawmaker to vote against the bill alongside Bulso.

Jernigan said, “I hope it’s safe to say that in 2024, we can close this loophole.”

 

The Associated Press contributed to this article.

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