Child marriage in the United States

A child marriage is a marriage in which at least one party is under 18 years of age—or the age of majority—in the U.S.[1]

This article is about the laws on child marriage in the United States. For the topic of child marriage in general and global laws, see child marriage.

Youth rights
Activities
Theory/concepts
Issues
Organizations
People
Related

Within the United States, each state, territory and federal district sets the marriage age in its jurisdiction. As of July 2023, in five states there is no statutory minimum age when all exemptions were taken into account. These states are California, Mississippi, New Mexico, Oklahoma and Washington.[2]

As of July 2023, ten states have banned underage marriages, with no exception: Delaware (2018),[3] New Jersey (2018),[4] Pennsylvania (2020),[5] Minnesota (2020),[6] Rhode Island (2021),[7] New York (2021),[8] Massachusetts (2022),[9] Vermont (2023),[10] Connecticut (2023)[11] and Michigan (2023).[12] American Samoa and the U.S. Virgin Islands, United States territories, have also ended child marriage in that time.[13][14] Several other U.S. states have similar legislation pending.[15]

Between 2000 and 2018, some 300,000 minors were legally married in the United States.[16] The vast majority of child marriages (reliable sources vary between 78% and 95%) were between a minor girl and an adult man.[16][17][18] In many cases, minors in the U.S. may be married when they are under the age of sexual consent, which varies from 16 to 18 depending on the state.[19] In some states, minors cannot legally divorce or leave their spouse, and domestic violence shelters typically do not accept minors.[20][21][22]

Historically, child marriage has been a culturally acceptable practice, but today it is increasingly viewed as a form of child sexual abuse.[23] Some international agencies, including the U.S. State Department, have declared it a human rights violation.[24] Some researchers have concluded that there are consequences to child marriages; along with the threat of sexual abuse, children may be subject to decreased education, early pregnancies, and psychological trauma.[25][26]

Background

History

In ancient and medieval civilizations, it was a regular practice to give girls away in marriage as soon as they reached puberty, if not earlier.[27] This practice continued throughout the Middle Ages, and most girls were married by age fifteen.[27] For example, according to Jewish law, girls were considered adults by the time they were twelve and a half.[28] In Antebellum American culture, marriages between older men and younger women were not viewed in the same way they are today. Although the practice was not extremely common, it was not counter-cultural either.[29] Marriage was viewed more as a contract, and the minors to be wedded, typically girls, were thought of as going from the responsibility of one man, the father, to the other man, the husband.[29]

Causes

There is no singular justification for child marriage. Some marry in accordance with religious or cultural traditions. Others do so to avoid legal ramifications of sexual activities with minors.[30] Traditionally, specifically in developing nations, one of the most common reasons for child marriage was avoiding negative stigmas associated with premarital sex and teen pregnancy. By arranging the marriage of minors, typically girls and boys or men who have been involved in sex before marriage, the families seek to save face and maintain respect within the community.[31]

Demographics

In 2018, Alissa Koski and Jody Heymann, two researchers from the University of California Los Angeles, compiled a study detailing the prevalence of child marriage in the U.S. and common characteristics of those unions. The findings were published in their article "Child Marriage in the United States: How Common Is the Practice, And Which Children Are at Greatest Risk?: Child marriage in the United States". They found that out of every 1,000 children surveyed, about 6 were married.[30] Prevalence varied by location, race/ethnicity, gender and age.

Unchained At Last, an organization dedicated to ending forced and child marriage in the United States, found marriage licenses for 232,474 children between 2000 and 2018.[32] Based on the correlation between population and incidence of child marriage, they estimated that the actual number of child marriages in the U.S. during that time was closer to 300,000.[32][16]

Sex

Young females are more likely to be married than young males.[33] According to statistics released by the Pew Research Center (based upon the American Community Survey), 55% of the surveyed married children at ages of 15–17 were female.[34] According to a Frontline article, 87% of the total minors who got married in 2000-2015 were girls.[35] Koski and Heymann found child marriage was higher among girls than among boys (6.8 vs. 5.7 per 1,000, or a ~19% difference).[30] Most of the available statistics and literature on child marriages examine female minors as opposed to male minors. According to Unchained At Last's study, some 86% of the children who married in the U.S. between 2000 and 2018 were girls – and most were wed to adult men an average of four years older.[16]

Location

According to information compiled by the Pew Research Center, child marriage is generally more common in some of the Southern United States.[34]

The highest rates of child marriages are in West Virginia, Florida, Texas, Nevada, Oklahoma, Arkansas, California, Tennessee, and North Carolina.[34][21] According to a Frontline report by Anjali Tsui, Dan Nolan and Chris Amico, the states with the highest rates of child marriage in 2010 were: Idaho, Utah, Arizona, Texas, Mississippi, Alabama, Arkansas, Kentucky, West Virginia and Missouri. The states with the lowest rates were Delaware, New Jersey, Montana, Indiana, North Dakota, Ohio, New York, Vermont, New Hampshire and Massachusetts.[35]

Unchained At Last found that the ten states with the highest rate of child marriage per capita between 2000 and 2018 were:

  1. Nevada (0.671%)
  2. Idaho (0.338%)
  3. Arkansas (0.295%)
  4. Kentucky (0.262%)
  5. Oklahoma (0.229%)
  6. Wyoming (0.227%)
  7. Utah (0.208%)
  8. Alabama (0.195%)
  9. West Virginia (0.193%)
  10. Mississippi (0.182%)[16]

The Koski/Heymann study found prevalence of child marriage varied from more than 10 per 1,000 in West Virginia, Hawaii and North Dakota to less than four per 1,000 in Maine, Rhode Island and Wyoming.[30]

  • In Texas from 2000 to 2014, almost 40,000 children were married.[36][37]
  • In Florida, 16,400 children, some as young as 13, were married from 2000 to 2017, which is the second highest incidence of child marriage after Texas.[21]
  • In Alabama there were over 8,600 child marriages from 2000 to 2015, the fourth highest amount of any state. However, child marriage in Alabama showed a large decline in that time. In 2000, almost 1,200 children married, but by 2014 it dropped to 190.[37]
  • In Virginia between 2004 and 2013, nearly 4,500 children were married according to the Tahirih Justice Center.[38]
  • In Ohio from 2000 to 2015 there were 4,443 girls married aged 17 and younger, including 43 aged 15 and under.[39]
  • In New York, more than 3,800 children were married between 2000 and 2010.[40]

The Koski/Heymann also found that only 20% of married children were living with their spouses; the majority of the rest were living with their parents.[30]

Race/ethnicity

Cases of child marriage exist in every racial or ethnic demographic but are more prevalent in some as compared to others. Instances of marriage were lower among white non-Hispanic children (5.0 per 1,000) than among almost every other racial or ethnic group studied; it was especially high among children of Native American or Chinese descent (10.3 and 14.2, respectively)[30] Additionally, U.S.-born African American girls are about 1.5 times more likely to marry underage than U.S.-born Caucasian girls.[41] Girls of Hispanic/Latina origin are more likely than those of black or white heritage to be married as a minor.[42]

It was more common for immigrating children to be married than those born within the United States. Between the budget years 2007 and 2017, U.S. Citizenship and Immigration Services received 3.5 million immigration petitions, resulting in 8,686 approvals for people in marriages or engagements where one or both members of the couple was still a minor at the time of the petition.[43] The Koski/Heymann study found that prevalence among children from Mexico, Central America, and the Middle East was 2–4 times that of children born in the United States.[30]

Cultural and religious perspectives

Broader Societal and Economic Consequences

Child marriage in the United States exhibits demographic variations, with rates influenced by factors such as ethnicity, economic status, and geographic location. Studies have revealed that Hispanic women, those hailing from disadvantaged households, and residents of the Southern United States are more prone to marrying at a young age. Additionally, individuals with backgrounds in Mormonism and conservative Protestantism tend to enter marriage at earlier stages of life compared to those from different religious traditions. Immigrants from societies where child marriage is a common practice may bring with them attitudes and beliefs supportive of such unions, potentially leading to higher child marriage rates among immigrant children in the U.S., particularly from regions like Europe and South Asia. Notably, religion also plays a significant role, with more than 42% of conservative Protestant women marrying before the age of 23, surpassing rates for other religious groups. This stark gender inequality in child marriage, with girls being disproportionately affected, reinforces a broader issue of discrimination and contributes to the perpetuation of unequal gender dynamics in society.

Child marriage often comes from the desire to control girls' sexuality, a common theme across regions. In some cases, girls may feel pressured to marry if they become pregnant, while in other situations, parents arrange their daughters' marriages to protect them from potential pre-marital romantic involvement or harassment. What ties these situations together is the sense of coercion most girls experience. They often lack economic independence, autonomy, and face societal expectations that make it difficult to oppose their parents' wishes. Additionally, deeply ingrained gender norms, such as the idea that girls should live with their husband's family while boys continue to support their parents, contribute to the perception that daughters are a financial burden while sons are seen as investments for the future. This perpetuates gender inequality and underscores the need to address child marriage's societal impact.

Marriage age
Main article: Marriage age in the United States

The marriageable age is determined by each state and territory.

Unchained At Last, a non-profit advocacy group dedicated to ending child marriage in the United States, found that only 14% of the child marriages conducted from 2000 to 2010 were between two children marrying each other.[17] In the other 86% of cases, child marriages are between a minor and an adult.[32] In terms of spousal age, the majority of those surveyed, about 60%, reported being 18–20 years old. Less than 3% reported being over 29 years of age.[35] In over 400 cases, the adult was aged over 40. And in 31 cases, they were over 60.

According to data compiled by Anjali Tsui, Dan Nolan, and Chris Amico, who looked at almost 200,000 cases of child marriage from 2000 to 2015:

  • 67% of the children were aged 17.
  • 29% of the children were aged 16.
  • 4% of the children were aged 15.
  • Less than 1% of the children were aged 14 and under.
  • There were 51 cases of 13-year-olds getting married, and 6 cases of 12-year-olds getting married.[35]

U.S. states
Main article: Marriage age in the United States

Every state except New York, Rhode Island, Pennsylvania, Delaware, Minnesota, New Jersey, Massachusetts,[44] Vermont and Connecticut[11] allows underage marriage in exceptional circumstances if one or more of the following circumstances apply:

In California, for instance, the general marriage age is 18, but children may be married with parental consent and judicial approval with no minimum age limit.[45]

As of July 2023, in the states that have set a marriage age by statute, the lower minimum marriage age when all exceptions are taken into account, are:

  • 5 states have no minimum age (effectively 0).
  • 2 states have a minimum age of 15.
  • 23 states have a minimum age of 16.
  • 10 states have a minimum age of 17.
  • 10 states have a minimum age of 18.

From 2017[46][47] to 2023,[48][49][50][51][52][53][54][55][56][57][58] several states changed their law to set a minimum age, to raise their minimum age, or to make more stringent the conditions under which an underage marriage may occur. In the absence of any statutory minimum age, some conclude that the minimum common law marriageable age of 12 for girls and 14 for boys may still apply.[59][60]

U.S. territories

In the District of Columbia the general marriage age is 18, but 16-year-olds may marry with exceptions.[61] The general age of marriage in Puerto Rico is 21; however, 18-year-olds can marry, with exceptions (the age of majority in Puerto Rico is 21).[62] In Guam, the general age is 18, but 16-year-olds can get married with the consent of at least one parent or guardian.[63] In American Samoa, the marriage age has been changed to 18 for both sexes. This reflects a change in policy by Governor Lolo Moliga, who signed into law a bill that changed the marriage age for girls from 14 to 18 in September 2018.[13] In the U.S. Virgin Islands, the age of marriage is 18 for both sexes. Prior to 2019, the age of marriage was 14 for females and 16 for males.[64] In the Northern Mariana Islands males must be 18 to marry, while females can marry at 16 with parental consent.[65]

Comparison with other countries

Critics have pointed out that laws regarding child marriage in the United States compare unfavorably to laws regarding child marriage in other countries. For instance, in 2017, Human Rights Watch pointed out that Afghanistan has a tougher law on child marriage than parts of the United States: in Afghanistan the minimum age of marriage is 15, and that only with permission from their father or a judge; otherwise it is 16.[66] As of that date, 25 U.S. states had no minimum marriage age at all if one or more of the grounds for exception existed; this number has continually decreased since then.[67]

Main articles: Ages of consent in the United States and Marry-your-rapist law § United States

In the United States, the age of sexual consent varies by state, territory/district, or federal law, and typically ranges from 16 to 18 years.

State-legislated age of consent laws and marriage age laws are inconsistent in relation to one another. In some states, it is possible for a minor to legally marry even if they are below the age of consent in that state. Between 2000 and 2018, nearly 300,000 minors were legally married in the United States. Some 60,000 of those occurred at an age or spousal age difference that should have been considered a sex crime. In about 88% of those marriages, the marriage license became a "get out of jail free" card for a would-be rapist under state law that specifically allowed within marriage what would otherwise be considered statutory rape. In the other 12% of those marriages, the state sent a child home to be raped. The marriage was legal under state law, but sex within the marriage was a crime.[16]

In some cases, judges who approve an underage marriage, for example because the minor is pregnant, may be approving a marriage between a rapist and their statutory victim.[68]

Emancipation by marriage
See also: Emancipation of minors § United States

In some states, marriage automatically emancipates a minor or increases his or her legal rights beyond allowing the minor to consent to certain medical treatments.[69][70] Emancipated minors are theoretically considered adults, so that they may be able to file for a restraining order, get a divorce, and benefit from social services in certain states, though these laws are not universal.[71] However, in practice such minors may still encounter difficulties, as many institutions do not deal with minors, or require parental consent.

In some states, a minor is not emancipated by marriage, and legal proceedings are required to obtain an emancipation decree. The absence of emancipation may result in legal complications, if, for example, the minor wants to separate from their partner or wants a divorce.[21] They may have to wait years before emancipation in order to reach adult age. Those non-emancipated married minors may find themselves locked into a marriage, unable to leave or divorce an abusive spouse.[21][69] 70–80% of underage marriages end in divorce, but many minors locked in a marriage must wait years until they are old enough to legally end the marriage.[21][72]

  • Child marriage and statutory rape laws:
    • A significant number of states in the United States have historically exempted sexual relationships between married individuals from statutory rape laws. This means that, in these states, child marriages did not qualify as statutory rape under existing laws, despite meeting the criteria in some cases. Variations in the strictness of these laws across states resulted in differences in the proportion of child marriages that would have been considered crimes elsewhere. This raises questions about the blurred lines between child marriage and sexual violence, especially in the 14 states where the two could be indistinguishable. In 33 states, exemptions to statutory rape laws within marriages provided legal pathways for sexual relationships with children that would have otherwise been punishable offenses. Such exemptions may have incentivized child marriages as a means to avoid criminal charges.
  • Human rights perspective on child marriage:
    • The human rights framework offers valuable insights into addressing child marriage as a grave violation. Child marriage violates multiple interconnected rights, including the right to equality based on gender and age, the right to marry and form a family, the right to life, access to quality healthcare, education, and personal development. By framing child marriage as a human rights violation, it becomes a matter of public concern rather than a private family issue. This perspective enables the establishment of strict penalties for violations of laws and policies preventing child marriage, emphasizing its criminal nature, especially against women and girls.
  • Minimum age for marriage in the United States:
    • In the United States, marriage laws vary by state, allowing teenagers as young as 14 to marry with parental consent in some regions. Recent cases, such as one in Kansas where a pregnant 14-year-old married a 22-year-old, prompted changes in some states' laws. For instance, Kansas raised the minimum age for marriage to 15 with approval from a judge.

Advocacy and awareness

Organizations and their approaches

Organizations such as Unchained At Last and the Tahirih Justice Center have initiated various campaigns and movements in an effort to bring about an end to child marriage in the United States. Unchained At Last, for instance, emphasizes on providing support and necessary resources to girls and women who are looking to escape from arranged/forced marriages. On the other hand, the Tahirih Justice Center often takes a legalistic approach, offering legal services to those within forced marriages while also spearheading policy advocacy to establish more stringent marriage laws.

Obstacles in advocacy

While there is a unified goal among advocates to curtail child marriages, the path is fraught with obstacles, predominantly cultural and legislative. Cultural roadblocks often emerge from entrenched traditions and belief systems that have historically endorsed early marriages, while legislative obstacles can manifest as opposition or inertia from policy-makers who might be reluctant to amend existing laws or policies due to various socio-political considerations.Obstacles in Advocacy

Influential advocates

Certain individuals and former victims of child marriage have also risen as prominent advocates, sharing their stories to shed light on the tangible adversities faced by minors who are thrust into marital arrangements. Their narratives often spotlight the multifaceted impact - ranging from psychological to socio-economic consequences - of child marriages and serve as a pivotal driving force in propelling the movement forward.

Advocacy against child marriage begins with spreading awareness among girls, women, men, and their communities. This is an essential first step in challenging the deeply rooted traditions of child marriage. However, it's important to understand that bringing about lasting change requires more than just raising awareness. To truly combat child marriage, advocates must also work on building strong support systems and infrastructure. Their motivation comes from the hope that one day they can proudly say they played a key role in ending child marriage. Their dedication to creating a brighter future for young girls is what keeps them working tirelessly toward this goal.

Consequences
Main articles: Child marriage § Causes of child marriage, and Child marriage § Consequences of child marriage

Common consequences of child marriage include a greater risk for sexual misconduct/abuse, psychological trauma, risk of death or injury in childbirth, and a likelihood to drop out of school.[73][31]

Forced marriage and sex trafficking
Main article: Sex trafficking in the United States § Forced marriages

In some cases, child marriage may (either legally or informally) constitute a forced marriage, often in the context of sex trafficking. This enables sexual abuse to continue. According to American Child Bride by Nicholas Syrett, "There is a long history in the United States of marriage laws being used to circumvent legal repercussions of sexual activity with a minor".[74] Due to the way many U.S. marriage policies are written, finding loopholes is a possibility that has been exploited before. Additionally, women who have suffered sexual abuse are more likely to be revictimized in the future.[75]

Psychological health

There are many effects that child marriages generally, and child abuse specifically, can have on an individual. The most common is the propensity for encountering abuse later on in life. According to data collected in 2015 by Jon D. Elhai, women who experienced traumatic events as children often experience mental health issues such as depression, anxiety, and mood disorders, as well as low self-esteem.[76][77] A correlation between childhood sexual abuse and substance abuse has also been found.[78]

Psychological and societal impact

Child marriage has far-reaching consequences, particularly for girls who marry at a young age. These young brides are more likely to become teenage mothers, experiencing shorter intervals between childbirths compared to women who marry later. Additionally, they face an increased risk of mental health issues and substance abuse disorders in adulthood, highlighting the lasting impact of early marriage on their well-being. Studies have shown that women in the United States who marry before the age of 18 are more prone to experiencing various psychiatric disorders, including mood and anxiety disorders, later in life when compared to those who marry later. Furthermore, regardless of age, those who have experienced forced marriages are more likely to report intimate partner sexual abuse, somatization, and behavioral problems affecting their children. These findings underscore the importance of addressing child marriage and its associated consequences as a pressing social issue.

In the context of child marriage, it's important to understand how societal norms both shape and are influenced by this practice. This involves exploring how individual experiences and collective beliefs interact, often contributing to the continuation of child marriage. Additionally, we must examine the broader societal and economic consequences of child marriage, including its impact on demographics, societal stability, and economic development. These consequences extend beyond individual lives and affect communities, nations, and the world. To address these issues, various initiatives and programs aim to reduce the psychological and societal impact of child marriage. These efforts include prevention and support measures, and by studying their strategies, successes, and challenges, we gain insight into ongoing efforts to combat child marriage and its far-reaching effects on societies and economies.

Child marriage has serious and long-lasting effects, especially on young girls. When they marry early, they are more likely to become mothers at a young age and have more children in a shorter amount of time compared to those who marry later. They also have a higher risk of experiencing mental health problems and issues with substance abuse when they grow up. Studies have found that women in the United States who marry before they turn 18 are more likely to have mood and anxiety disorders later in life, even compared to those who marry when they are older. Regardless of their age, people who are forced into marriages are more likely to report experiencing sexual abuse from their partners, as well as physical and emotional problems that affect their children. These findings highlight how important it is to address child marriage and its consequences as a significant social problem.

Physical health

Adverse physical effects often accompany child marriages. The most prevalent is pregnancy and childbearing complications.[31] The body is not fully matured under the age of 18, so minors who become pregnant often face complications that are not as common in their older counterparts.

UNICEF reported in 2007 that globally, a girl aged 15 is five times more likely to die in childbirth than women in their 20s.[79] Young mothers also have an increased risk of developing obstetric fistula.[31]

Educational Impact

The loss of educational opportunity and influence is of particular importance to those opposed to child marriages. According to academics such as Martha Nussbaum, education is a crucial component to protecting one's freedom or capabilities.[80] This in turn limits their autonomy and job eligibility, making them dependent on their spouse or caretaker.[76][31]

Child marriage, defined as marriage before the age of 18, is a violation of human rights and has significant consequences. Girls who marry early tend to achieve lower educational attainment compared to those who delay marriage. This can hinder their literacy and increase the likelihood of living in poverty during adulthood. Research from U.S. censuses in the 1960s, 1970s, and 1980s found that marrying before 16 increased the risk of poverty by 31 percentage points, surpassing the impact of dropping out of high school, which raised the risk by 11 points.

Child marriage universally correlates with lower levels of schooling, violating girls' right to education as guaranteed by international conventions such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Furthermore, early marriage restricts girls' access to both formal and non-formal education due to domestic responsibilities, childbearing, and family pressures. Recent studies by UNICEF have confirmed that girls with secondary education are less likely to marry early. Compulsory education laws, mandating girls to stay in school until age sixteen, significantly reduce the chances of child marriage. Lack of education perpetuates the cycle of child marriage, being both a cause and effect of this harmful practice.

Prevention

Federal law

There is not much federal legislation concerning child marriages. In 2013, the Violence Against Women Reauthorization Act mandated that the U.S. Secretary of State must "establish and implement a multi-year, multi-sectoral strategy to end child marriage".[81]

U.S. territories and states

As of July 2023, 45 states have set absolute minimum marriage ages by statute, which vary between 14 and 18 years of age. In recent years, several states have increased their marriage age, including, in 2020, Idaho, Indiana, and Minnesota.[56][57][58]

American Samoa

In September 2018, American Samoa raised the marriage age for girls from 14 to 18, to be in line with that of boys.[13]

Alabama

In 2003, Alabama raised the minimum marriage age (with exceptions) from 14 to 16.[37]

Arizona

In April 2018, Arizona raised the minimum marriage age to 16. Such underage marriages must be approved by a superior court, must have either parental consent or an emancipated minor, and the age difference between the parties must not be more than 3 years.[82]

Arkansas

In April 2019, Arkansas raised the minimum marriage age for girls from 16 to 17 with parental consent, to be in line with that of boys. Previously, there was no minimum age for a pregnant girl to marry.[83]

California

In California in 2017, a bill that would have ended child marriage (by raising the minimum age to 18) ran into opposition from legislators, the American Civil Liberties Union and Planned Parenthood.[84]

Since January 1, 2019, California legally requires the parents and partners of minors wishing to marry to meet with court officials separately, to determine if there is any coercion. Additionally, minors have to wait 30 days to get married, unless they are 17 and have completed high school, or one of the partners is pregnant. However, there is still no minimum age for children to marry if these conditions are met.[85]

Connecticut

On June 23, 2023, acting Connecticut Governor Susan Byciewicz signed a bill into law that ended all child marriage in Connecticut, making it the ninth state to set the marriage age at 18, without exceptions.[86]

Delaware

In May 2018, Delaware became the first state to completely ban child marriage. The marriage age in Delaware is now 18, with no exceptions.[3]

Florida

In early 2018, Florida passed and signed a law to amend its marriage laws,[48][87] after having received intense media attention for its lax child marriage laws and the high toleration of the practice.[88] Since July 1, 2018, the minimum marriage age is 17, with both parental and judicial approval required, and the age difference between the parties must not be more than 2 years.[48] The new law was passed after sustained lobbying from a former survivor of child marriage, Sherry Johnson.[89]

Georgia

In May 2019, Georgia raised the marriage age explicitly from 16 to 17. They must be emancipated minors, must have completed a premarital education course, and cannot marry anyone more than four years older than themselves. The new law went into effect on July 1, 2019.[90][91]

Idaho

In February 2019, a bipartisan anti-child marriage bill was voted down 39–28 by the Idaho House of Representatives. The bill would have made it illegal for anyone under 16 to get married. For 16- and 17-year-olds, it would have required the consent of parents, a judge, and the minor themselves. Idaho now has one of the highest rates of child marriage in the United States.[92]

Representatives Bryan Zollinger and Julianne Young voted against, citing their opinion that judges should not be involved in marriages and that parental consent was sufficient. Representative Christy Zito complained that the bill would make it harder for people to start families if they conceive a child underage, compared to abortion.[92]

In 2020, similar legislation passed. The minimum age for marriage in Idaho is currently 16 with parental consent and no more than a three-year age difference between the marrying parties.[93]

Indiana

In March 2020, Indiana raised the minimum age for marriage from 15 to 16 with judicial approval if the intended spouse is no more than four years older. The new law also eliminated Indiana's previous exception that allowed minors to marry if they were pregnant.

Kentucky

In March 2018, Kentucky amended its marriage laws. After several failed attempts at restricting child marriage, a redrafted bill was introduced, passed all stages of the Kentucky Legislature, and was signed by the Governor of Kentucky on March 29, 2018. The new law sets a minimum age of 17, with judicial approval. Additionally, a 17-year-old cannot marry a person more than 4 years older than themselves, they must have completed high school or obtained an equivalent degree such as a GED, and must prove that they are able to take care of themselves.[94]

Louisiana

Louisiana lawmakers set a minimum marriage age of 16 in 2019 with parental consent, judicial approval and an age difference between the minor and the intended spouse of no more than three years.[95] Previously, Louisiana had no minimum age for marriage as long as the minor had parental consent and judicial approval.

Maine

Maine raised its marriage age twice—once in 2020 to 16, then again in 2023 to 17, both with parental consent. The current marriage age in Maine is 17 with either parental consent or judicial approval.[96] Prior to 2020, Maine had no minimum age for marriage.

Maryland

After several failed attempts, Maryland legislators managed in 2022 to raise the marriage age from 15 to 17 with judicial approval and either parental consent or a court petition, and eliminate the exception that allowed minors to marry if they were pregnant.[97]

Massachusetts

In July 2022, Massachusetts Governor Baker signed into law a bill raising the minimum age of marriage in all cases to the age of 18, with no exceptions made for parental or judicial consent, making Massachusetts the seventh state to end child marriage. The ban was included in section 80 of the FY2023 budget bill.[98][44]

Michigan

In July 2023, Michigan banned marriage under the age of 18.[12]

Minnesota

In May 2020, Minnesota became the fourth state to ban child marriage.[6]

Missouri

In July 2018 Missouri raised the minimum age for marriage from 15 to 16. Parental permission is required, and the minor can only marry someone 21 or younger.[99]

Nevada

In 2019, Nevada set a minimum age of 17 for marriage with parental consent and judicial approval. Minors marrying in Nevada also must prove residency.[100] Previously, minors age 16 or 17 could marry with parental consent, and those under 16 could marry with parental consent and judicial approval.

New Hampshire

New Hampshire passed a law which was signed by Governor Chris Sununu in 2018 that legally raising the minimum marriage age to 16 with judicial approval. It came into effect January 1, 2019.[101]

New Jersey

In June 2018, the New Jersey child marriage ban bill was signed into law by the Governor of New Jersey, Phil Murphy, and went into effect immediately to implement a clear minimum age of 18, with no exceptions. This makes New Jersey the second state to completely ban child marriage, after Delaware.[102]

In May 2017, a similar bill was vetoed by Governor Chris Christie due to "religious concerns".

New York

In July 2021, New York became the sixth state to ban child marriage.[8]

In 2017, New York state raised the marriage age to 18, but allowed marriage at 17 in special circumstances with parental and court consent.[103] Prior to this law, the state allowed marriage in certain cases from the age of 14.[103]

North Carolina

A 2021 bill raised the minimum age for marriage from 14 to 16. Additionally, under this bill, the spouse of a 16-year-old could be no more than four years older.[104]

Ohio

In 2019, Ohio raised the minimum marriage age to 18 for both parties, but allowed an exemption for 17-year-olds to marry if they have juvenile court consent, go through a 14-day waiting period, and the age difference between the parties is not more than four years.[39]

Pennsylvania

In May 2020, Pennsylvania became the third state to ban child marriage. The marriage age is 18.[105]

Rhode Island

In June 2021, Rhode Island became the fifth state to ban child marriage. The marriage age is 18, no exceptions.[7]

Tennessee

In Tennessee, before 2018, there was no minimum marriage age with judicial consent. In March 2018, a proposed bill to end child marriage in Tennessee was terminated.[106] The bill was revived due to political pressure, passed, and signed into law in May 2018 by Governor Haslam, preventing anyone younger than 17 from marrying in Tennessee.[107]

Texas

In 2017, Texas raised the marriage age to 18; however, they kept an exception allowing emancipated minors aged 16–17 to marry.[36]

Utah

On March 25, 2019, the Governor of Utah, Gary Herbert, signed a law which raised the minimum marriage age from 15 to 16, with judicial approval. The law also makes it illegal for a 16- or 17-year-old to marry someone who is more than 7 years older than them.[108] The law passed the Utah House of Representatives 55 to 6, with 14 abstentions. It was described as a bipartisan effort, with a majority of Republicans, and all Democrats, voting in favor.[109]

Vermont

Vermont Governor Phil Scott signed a law in 2023 setting the marriage age in Vermont as 18, without exceptions.[10] Vermont is the eighth state to end child marriage.

Virginia

In 2016, Virginia changed the law to set 18 as a minimum age, and 16 in special circumstances with judicial approval. Prior to the passing of that bill, there was no minimum age in the state.[38]

West Virginia

West Virginia set a minimum marriage age of 16 in 2023, if the minor has parental consent and the intended spouse is more than four years older.[110] Previously, West Virginia had no minimum age.

Wyoming

In 2023, Wyoming set a minimum marriage age of 16 with parental consent and judicial approval.[111] Previously, Wyoming had no minimum age.

Non-governmental action

See also

References
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