Two US States Just Outlawed Child Marriage
By: Jonathan Stormer Pezzi
Photo by Phan Minh Cuong An
Lexington — Minnesota and Pennsylvania join just two other American states in outlawing child marriage in all circumstances. Delaware and New Jersey passed their own laws in 2018.
Though the frequency of adolescent marriage is declining, approximately 248,000 children as young as 12 were married between 2000 and 2010. Currently, there is no federal law that regulates child marriage, providing discretion to each state and territory.
In a vast majority of these marriages, 87%, the minor is a girl. Roughly the same amount of the time, she is marrying a legal adult. These statistics often illicit concern by child protection advocates, many believing the marriages are not often voluntary.
In a story retold by Unchained At Last, a non-profit advocacy group fighting to end child marriage, Sara Siddiqui, now 36, was forced into an arranged marriage at 15 after her father discovered she had a boyfriend of a different cultural background. Threatened with ‘eternal damnation’ and likely familial ostracism if she did not wed, Siddiqui relented, soon marrying a man 13 years older than her. She was pregnant by age 16.
There are numerous negative consequences when an adolescent marries too early. Teenage women who marry are 50% more likely to drop out of high school and 31% more likely to live in poverty. Domestic abuse is three times more common in these marriages as well.
These consequences have unquantifiable effects as well. “It leads to separation from family and friends, lack of freedom to interact with peers and participate in community activities, and decreased opportunities for education and economic participation,” says Ryan Sasse of UNICEF USA.
These marriages usually don’t last as well. In fact, a couple’s age is the most important variable in predicting the success of a marriage. According to Unchained, well over two-thirds of child marriages end in divorce.
In both Pennsylvania and Minnesota, lawmakers site advocacy lobbying as the catalyst for the bipartisan legislation receiving so much support.
One of the sponsors of the bill in Pennsylvania, State Representative Perry Warren of Bucks County, credits two constituents with bringing the issue to his attention in 2017.
Under previous Pennsylvania and Minnesota law, minors as young as 16 and 17 could be married with the permission of a parent or guardian. In Pennsylvania, an applicant younger than 16 could receive approval to marry by a court. Now, there are no exceptions to the law.
“The elimination of child marriage is a huge step against human trafficking and our protection of those who are most vulnerable,” says Rep. Jesse Topper of Pennsylvania.
Other states like California, Idaho, and Louisiana have tried to pass similar legislation but failed.
Many of those in opposition to reform cite that the breadth of the problem does not warrant further restriction. Others claim that safeguards are already put in place to protect underage girls and boys from marriage exploitation.
NBC reports, the California American Civil Liberties Union (ACLU ) has argued that the bill "unnecessarily and unduly intrudes on the fundamental rights of marriage without sufficient cause” and additionally, "largely banning marriage under 18, before we have evidence regarding the nature and severity of the problem, however, puts the cart before the horse.”
Planned Parenthood concurred with the ACLU’s assessment.
Other legislators cite religion. Frequently, child marriages are done under the auspice of a family’s theological beliefs. Advocates allege these convictions are major roadblocks to passing new restrictions.
According to the Tahirih Justice Center, there are still 13 states with no minimum age for marriage.