Tennessee Code Annotated
Tenn. Code Ann. § 36-3-103 (2026)
License required - County of issuance
✓ current as of May 2026
- (a) Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. Such license shall be valid for thirty (30) days from its issuance by the clerk.
- (b) All existing marriages that occurred before March 24, 1986, are validated if a marriage certificate was signed by the county clerk either from a county in which the female did not reside or from a county where the marriage was not solemnized.
- (c)
- (1) The county clerk issuing a marriage license is hereby authorized to record and certify any license used to solemnize a marriage that is properly signed by the officiant when such license is returned to the issuing county clerk. The issuing county clerk shall forward the record to the office of vital records to be filed and registered with such office. If a license issued by a county clerk in Tennessee is used to solemnize a marriage outside Tennessee, such marriage and parties, their property and their children shall have the same status as if the marriage were solemnized in this state. A county clerk is prohibited from issuing a license for a marriage that is prohibited in this state.
- (2) All existing marriages occurring prior to May 2, 1989, by the authority of a Tennessee license, properly signed and certified by the officiant, are validated and the issuing clerk is authorized to record such license when it is returned to the issuing county clerk and to forward the record to the office of vital records to be filed and registered with such office.
Code 1858, § 2441 (deriv. Acts 1778, ch. 7, §§ 2, 3); Shan., § 4191; Code 1932, § 8414; Acts 1976, ch. 539; § 1; T.C.A. (orig. ed.), § 36-405; Acts 1986, ch. 582, §§ 1, 2; 1989, ch. 224, § 1; 1996, ch. 1031, § 2.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 1997–2026 · leading case: Aghili v. Saadatnejadi, 958 S.W.2d 784 (Tenn. Ct. App. 1997).
Aghili v. Saadatnejadi, 958 S.W.2d 784 (Tenn. Ct. App. 1997). “The filing of the second marriage license on February 8, 1995 satisfies this requirement as long as it contains the information required by law.”
Becker v. Judd, 646 F. Supp. 2d 923 (M.D. Tenn. 2009). “” T.C.A. § 36-3-103(a)(emphasis added). Multiple other code provisions reinforce this notion that obtaining a valid license from the county clerk is a necessary step toward a valid marriage, as it protects the State against recognizing marriages that are contrary to the public…”
George Grant v. Elaine Anderson, Clerk Of Williamson Cnty. (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 36-3-103 (a) (2017). Subsection (c)(1) of that same section authorizes and directs the county clerk to (a) Tennessee’s marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as…”
Sara Beth Stovall v. The City of Memphis (Tenn. Ct. App. 2004). “The marriage license requirement is found at § 36-3-103, and thus § 36-3-306 is not applicable.”
Universal Life Church Monastery v. Wayne Nabors (6th Cir. 2022). “Plaintiffs resist this conclusion by contending that the county clerks enjoy statutory authority to deny the licenses for two reasons, both found in TCA § 36-3-103(c)(1). First, that Nos. 21-5048 /5055 Universal Life Church Monastery, et al.”
Universal Life Church Monastery Storehouse v. Nabors (M.D. Tenn. 2020). “” Tenn Code Ann. § 36-3-103(c)(1). Inherent in a County Clerk’s duties, therefore, is the obligation to determine whether an executed marriage license is proper and to do so perforce requires the County Clerk to determine whether a license is signed by a proper and recognized…”
In Re: Est. of Bruce Hurley (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 36-3-103 (a). Individuals seeking to marry must apply for the marriage license, and section 36-3-104 details the requirements for a marriage license application.”
Michael Wright v. State of Tennessee (W.D. Tenn. 2026). “) He asserts that this statute 1 Tennessee Code Annotated Section 36-3-103(a) provides as follows: Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or…”
Harlow v. Reliance Nat'l, 91 S.W.3d 243 (Tenn. 2002). “Tennessee Code Annotated § 36-3-103(a) provides: Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage…”
— Tenn. Code Ann. § 36-3-103(a) — 5 cases
Becker v. Judd, 646 F. Supp. 2d 923 (M.D. Tenn. 2009). “” T.C.A. § 36-3-103(a)(emphasis added). Multiple other code provisions reinforce this notion that obtaining a valid license from the county clerk is a necessary step toward a valid marriage, as it protects the State against recognizing marriages that are contrary to the public…”
Sara Beth Stovall v. The City of Memphis (Tenn. Ct. App. 2004). “The marriage license requirement is found at § 36-3-103, and thus § 36-3-306 is not applicable.”
George Grant v. Elaine Anderson, Clerk Of Williamson Cnty. (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 36-3-103 (a) (2017). Subsection (c)(1) of that same section authorizes and directs the county clerk to (a) Tennessee’s marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as…”
Michael Wright v. State of Tennessee (W.D. Tenn. 2026). “) He asserts that this statute 1 Tennessee Code Annotated Section 36-3-103(a) provides as follows: Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or…”
Harlow v. Reliance Nat'l, 91 S.W.3d 243 (Tenn. 2002). “Tennessee Code Annotated § 36-3-103(a) provides: Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage…”
— Tenn. Code Ann. § 36-3-103(c)(1) — 3 cases
Universal Life Church Monastery v. Wayne Nabors (6th Cir. 2022). “Plaintiffs resist this conclusion by contending that the county clerks enjoy statutory authority to deny the licenses for two reasons, both found in TCA § 36-3-103(c)(1). First, that Nos. 21-5048 /5055 Universal Life Church Monastery, et al.”
Universal Life Church Monastery Storehouse v. Nabors (M.D. Tenn. 2020). “” Tenn Code Ann. § 36-3-103(c)(1). Inherent in a County Clerk’s duties, therefore, is the obligation to determine whether an executed marriage license is proper and to do so perforce requires the County Clerk to determine whether a license is signed by a proper and recognized…”
George Grant v. Elaine Anderson, Clerk Of Williamson Cnty. (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 36-3-103 (a) (2017). Subsection (c)(1) of that same section authorizes and directs the county clerk to (a) Tennessee’s marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as…”
— Tenn. Code Ann. § 36-3-103(c)(l) — 1 case
Aghili v. Saadatnejadi, 958 S.W.2d 784 (Tenn. Ct. App. 1997). “The filing of the second marriage license on February 8, 1995 satisfies this requirement as long as it contains the information required by law.”
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