Two State Representatives who’ve played a big role in education legislation this session were among the nine Republicans who declined to vote on a bill Thursday that would ban marriage between first cousins.
State Representatives Scott Cepicky, R-Culleoka, and John Ragan, R-Oak Ridge, didn’t speak for or against the bill but joined Representatives Tandy Darby, R-Greenfield; Bud Hulsey, R-Kingsport; Chris Hurt, R-Halls; Brock Martin, R-Huntingdon; Jay Reedy, R-Erin; Tim Rudd, R-Murfreesboro; and Iris Rudder, R-Winchester in opting against voting on it.
Ragan serves on both the House Education Instruction and Education Administration committee and has sponsored multiple bills this session related to higher education including the bill to vacate Tennessee State University’s Board of Trustees. Cepicky is also a member of both Education Instruction and Education Administration Committees and chairs the Education Instruction Subcommittee.
Nashville Representative Darren Jernigan, D-Old Hickory, said he sponsored the bill to correct a loophole in the law from the 1960s that arose when the State Attorney General wrote an opinion that Tennessee’s existing marriage law from 1829 did not bar marriage between cousins.
Jernigan’s bill would amend the law to ban marriage between first cousins.
“I do not know the intent of the 18th General Assembly or why the AG held the opinion that he did, but I hope it’s safe to say that in 2024 we can close this loophole,” said Jernigan. “First cousins should not be allowed to marry.”
Jernigan’s bill passed on a 75 to 2 vote with only Representatives Gino Bulso, R-Brentwood, and Monty Fritts, R-Kingston, voting against it.
Bulso told House members he believes the legislation violates the Supreme Court’s Obergefell v. Hodges decision that legalized same-sex marriage.
Jernigan’s legislation would ban all marriages between first cousins, including same-sex first cousins. Bulso claims the state has no compelling health reason to ban same-sex first cousin marriages because they those couples can’t have children without adoption.
“In order for us to pass a law that restricts same sex marriage we have to show a compelling state interest and advance that interest, that is protect that interest by narrowly tailored legislation. So the question is, is there a public health issue with a male marrying a male first cousin. Obviously I think the answer is no,” said Bulso.
Representative Jernigan pushed back on that argument, saying his bill doesn’t violate the Supreme Court’s decision because it applies to all marriages between first cousins, and it matches similar laws on the books in other states.
The legislation passed the Senate earlier this month and it’s now on the way to Governor Bill Lee’s desk.
