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After lively debate, the Tennessee House of Representatives passes a bill banning marriage to first cousins

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The full Tennessee House of Representatives passed a bill making first cousin marriage illegal. That vote followed a forceful argument for a narrow exemption from a prominent House Republican.

This bill corrects an alleged unintentional loophole in a law passed in 1829 by members of the 18th Tennessee General Assembly.

“In 1960, the attorney general wrote an opinion concluding that the law did not prohibit marriage between cousins,” said Rep. Darren Jernigan.

State Rep. Darren Jernigan, D-Old Hickory, is the bill's sponsor. In committee, he suggested there was a potential public health problem, a notion that was challenged by Rep. Gino Bulso, R-Brentwood.

“There is an increased risk of birth defects when a first cousin marries,” said Rep. Bulso. “According to the Journal of Genetic Counseling, it ranges from 1.7% to 2.8%. So there is an additional risk, but it is not as great as some might have you believe.”

Bulso's argument is not in favor of marrying his cousin. As written, he says this bill violates a 2015 U.S. Supreme Court ruling legalizing same-sex marriage. He says any conflict must be narrowly defined at the state level.

So the question is: Is there a public health problem if a man marries a male first cousin? “Of course I think the answer is no,” Bulso said.

“Rep. Bulso has moved to adopt amendment number one,” said House Speaker Cameron Sexton. “Chairman Clemmons has sat down at the table. We vote on the motion. All those in favor vote “I” when the bell rings. Opponents vote “No.”

Bulso's amendment was defeated, returning the legislature to the original bill.

“My bill, as drafted, would provide for the direct descendant of a grandparent, which would include first cousins ​​regardless of gender,” said Rep. Jernigan.

The bill was passed in the House of Representatives with 75 votes in favor, two votes against and 9 against.

The first cousin bill is now on its way to Gov. Bill Lee's desk.

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