Yes, interracial marriage is legal in Tennessee. Any two adults of different races can apply for a marriage license at any county clerk’s office in the state, on the same terms as any other couple. Two layers of law protect that right: the U.S. Supreme Court’s 1967 decision in Loving v. Virginia, which struck down every state ban on interracial marriage, and the federal Respect for Marriage Act of 2022, which requires every state to recognize these marriages regardless of where they were performed. Tennessee’s own marriage statutes contain no racial restrictions.
The Old Tennessee Ban and How It Ended
Tennessee did once prohibit interracial marriage. Article XI, Section 14 of the 1870 state constitution barred the legislature from authorizing marriages between white residents and people of mixed racial background, and the prohibition carried criminal penalties for nearly a century. That ended in 1967, when the U.S. Supreme Court ruled unanimously in Loving v. Virginia that race-based marriage bans violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment.1Justia. Loving v. Virginia The Court held that “the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.”
Because Loving rested on the U.S. Constitution, it applied to every state at once. Tennessee’s provision became unenforceable immediately, and courts still rely on Loving when evaluating government restrictions on the right to marry.
Federal Protection Under the Respect for Marriage Act
Congress added a second layer of protection in December 2022. The Respect for Marriage Act, codified at 28 U.S.C. § 1738C, prohibits any person acting under state authority from denying full faith and credit to a marriage based on the sex, race, ethnicity, or national origin of the spouses.2Office of the Law Revision Counsel. 28 USC 1738C – Certain Acts, Records, and Proceedings and the Effect Thereof It repealed the Defense of Marriage Act, which had previously let states refuse to recognize certain out-of-state marriages.
The statute does more than state a principle. It gives the U.S. Attorney General authority to sue violators and creates a private right of action, so an individual whose marriage is denied recognition can file suit in federal court.2Office of the Law Revision Counsel. 28 USC 1738C – Certain Acts, Records, and Proceedings and the Effect Thereof In practical terms, a Tennessee marriage license issued to an interracial couple must be honored in every other state, and a marriage lawfully performed elsewhere must be honored in Tennessee.
Getting a Marriage License in Tennessee
Tennessee’s prohibited-marriage statute, T.C.A. § 36-3-101, restricts only marriages between close relatives. It contains no language about race.3Justia Law. Tennessee Code 36-3-101 – Prohibited Degrees of Relationship The licensing requirements in T.C.A. § 36-3-104 ask for a written application listing names, ages, addresses, and Social Security numbers for both parties, along with the names and addresses of each applicant’s parents, guardian, or next of kin.4Justia Law. Tennessee Code 36-3-104 – Conditions Precedent to Issuance
Both applicants must appear together at a county clerk’s office. The identification you need depends on your age:
- Applicants 21 and over need a government-issued photo ID, such as a driver’s license or passport.
- Applicants between 18 and 20 typically need a certified birth certificate.
- The minimum age to marry in Tennessee is 17, and a 17-year-old cannot marry someone four or more years older. Applicants under 18 face additional requirements at the clerk’s office.5Justia Law. Tennessee Code 36-3-105 – Minimum Age of Applicant
Fees vary by county. Shelby County charges $97.50 and Montgomery County charges $107.50, so plan for something in that range. A $62.50 state surcharge applies to every license, but $60 of it is waived under T.C.A. § 36-6-413 if the couple completes a four-hour premarital preparation course with a qualified instructor and brings a notarized certificate of completion to the clerk at application.6University of Tennessee County Technical Assistance Service. Additional Fee, Premarital Preparation Course
There is no waiting period. The ceremony can happen the same day the license is issued, and the license expires if not used within 30 days.7University of Tennessee County Technical Assistance Service. Obtaining a Marriage License Tennessee authorizes a wide range of officiants under T.C.A. § 36-3-301, including ministers, pastors, priests, rabbis, judges, chancellors, county mayors, county clerks, notaries public, and members of the general assembly who have filed the required notice.8Justia Law. Tennessee Code 36-3-301 – Persons Who May Solemnize Marriages After the ceremony, the officiant signs the license and returns it to the clerk within three days.9Justia Law. Tennessee Code 36-3-303 – Return of License to Clerk
What About the 2022 Tennessee Bills on Marriage?
Some couples have heard about Tennessee legislation that proposed changes to how the state handles marriage. In the 112th General Assembly, House Bill 233 and Senate Bill 562 would have replaced the existing licensing system with a “Marital Contract at Common Law” framework, and the amended version defined that contract as between “one man and one woman.” The bills also contained provisions that could have shielded local officials from legal liability for refusing to issue licenses.10Tennessee General Assembly. HB0233 Bill Information
Neither bill became law. HB 233 was deferred to summer study by the Civil Justice Committee in April 2022, and SB 562 was referred to summer study after several amendments. Even if a version had passed, it would have faced immediate constitutional challenges under Loving v. Virginia and the Respect for Marriage Act. The current licensing system described above is what applies in Tennessee today, and it is open to any eligible couple regardless of race.