Parents Forcing Child Marriage: Legal Or Not?

Child marriage is a human rights abuse that affects girls disproportionately. In the United States, the minimum age for marriage is determined by each state and territory, with the general marriage age being 18 in all states except Nebraska (19) and Mississippi (21). While some states have passed bans on child marriage, it is still legal in 80% of the country. In many states, parental consent is not required for marriage, and court marriage procedures can be followed to solemnize a union without parental involvement. Globally, 12 million girls are married before reaching the age of 18 each year, and the practice persists due to cultural, religious, and legal factors.

Child marriage laws in the US

Child marriage, or marriage before the age of 18, was legal in all 50 US states as of 2017. Since then, 13 states have banned the practice: Delaware and New Jersey in 2018, American Samoa in 2018, the US Virgin Islands, Pennsylvania and Minnesota in 2020, Rhode Island and New York in 2021, Massachusetts in 2022, Vermont, Connecticut and Michigan in 2023, and Washington, Virginia and New Hampshire in 2024.

However, child marriage remains legal in 37 states and is happening at an alarming rate. A 2021 study by Unchained at Last, a nonprofit that helps women and girls get out of forced marriages, found that almost 300,000 minors got married between 2000 and 2018. Most of those minors were 16 and 17 years old, but children as young as 10 have been forced into marriage.

The laws surrounding child marriage vary from state to state. More than half of US states allow 16 and 17-year-olds to marry with parental consent. Ten states allow children younger than 16 to marry with judicial approval, while four states will drop the minimum age for marriage if a girl is pregnant. Eight states, including California and Washington, have no age floor for marriage.

There is also no minimum age requirement to petition for a foreign spouse or fiancé visa, which means that young girls in the US are often used to help older men living abroad obtain a visa.

Passing legislation banning child marriage has been challenging due to pushback from both conservative and progressive groups. Some opponents argue that teen marriage is part of a state's culture, while others claim that it could limit parental rights and religious freedom.

However, child marriage can easily become forced marriage. Children who have not reached the age of majority have limited legal rights and can be forced into marriage or forced to stay in a marriage. They face significant legal and practical barriers if they try to leave an abusive situation, get help from an advocate, enter a domestic violence shelter, or retain an attorney.

In most states, statutory rape becomes legal within marriage. Marriage licenses can, therefore, be used to avoid prosecution for child rape.

Child marriage can also be a form of human trafficking. Due to loopholes in immigration laws, thousands of American girls are being trafficked legally for their citizenship, forced to marry adult men from overseas so that the men can obtain a US visa.

Court marriage without parental consent

In most countries, the minimum age for marriage is set by statute or common law, and may require parental consent or other forms of authorization. In the United States, for example, the minimum age to marry varies by state, with some states setting the general marriage age at 18, while others, like Mississippi, set it at 21. In California, a person under 18 must obtain consent from a parent or guardian and permission from a court.

However, in some countries like India, court marriage can be performed without parental consent. Under the Special Marriage Act, a marriage can be conducted as a non-ceremonial procedure, requiring only some documentation and a minimal court marriage fee. This process typically takes around 38 to 40 days. An alternative option is to have an Arya Samaj Marriage, which can be completed in one day, followed by registration. For those belonging to religions other than Hinduism, conversion is required for this option.

While court marriage without parental consent is possible in certain jurisdictions, it is important to note that marriage laws can vary significantly across different countries and even within different states or territories. Therefore, it is always advisable to consult with a lawyer or legal professional to understand the specific requirements and procedures applicable to your situation.

Child marriage and human rights abuses

Child marriage is a human rights abuse that violates the rights of girls and women to education, health, freedom from violence, and the right to consensual marriage. It is a harmful practice that has severe and long-lasting consequences on the victims, their families, and communities.

Girls who are married as children are usually unable to continue their schooling and consequently have limited wage-earning prospects due to their lack of education. They may experience domestic violence, marital rape, and receive little or no support during their marriages or when they leave. They are forced into adulthood before they are physically and emotionally mature and struggle with the physical and emotional health effects of becoming pregnant too young.

Child marriage is prevalent in jurisdictions that generally offer fewer protections for women and girls. In countries where child marriage is accepted, governments also fail to criminalize domestic violence and marital rape. Girls in child marriages, already vulnerable due to their age and gender, are thus denied the protection they need from their governments.

The testimonies of child brides illustrate the detrimental impact on their physical and mental well-being and their ability to live free of violence. Child marriage directly threatens the health and well-being of girls. Complications from pregnancy and childbirth are the main cause of death among adolescent girls aged 15-19 in developing countries. Girls aged 15 to 20 are twice as likely to die in childbirth as those in their 20s, and girls under the age of 15 are five times as likely to die.

Child marriage undermines access to education, limiting girls' life opportunities and their ability and confidence to make informed decisions about their lives. Girls who marry young are often expected to take on responsibilities at home that are prioritized over attending school. A lack of education limits girls' choices and opportunities throughout their lives, and the price of this exclusion is often poverty.

Child marriage is a violation of human rights and has severe consequences for the victims. It is important to address this issue and provide support and protection to those affected to help them cope with the long-lasting effects of this harmful practice.

Parental consent and the law

In the United States, the minimum age at which a person can marry, with or without parental consent, is determined by each state or territory, either by statute or common law. The general marriage age (without exceptions) is 18 years in all states except Nebraska, where it is 19, and Mississippi, where it is 21. The minimum marriage age was lowered in recent years and is now between 18 and 21 across the country.

There are three sets of marriage ages: the general marriage age, the minimum marriage age set by statute, and the minimum marriage age set by common law. There are also three sets of laws specifying the minimum age requirements for marriage: with parental and judicial or court consent, with just parental consent, and without parental consent.

In the case of common law, which is in force unless and until a state statute changes or modifies it, the minimum age for marriage is 12 for females and 14 for males. This was the minimum marriage age in colonial America, inherited from English civil law, which was in force until 1753. The English Marriage Act of 1753 required parental consent for those under 21, and the Church of England dictated that both parties must be at least 21 to marry without family consent.

The trend in the US has been to lower the general marriage age and raise the age for women to match that of men. Before 1971, about 80% of states had a general marriage age of 18 for women, while for men, it was 21 in approximately 85% of states. Now, 13 states completely ban underage marriage, and the remaining states may require parental consent, judicial authorisation, or rely on "exceptional circumstances".

In California, for example, an unmarried person under 18 may be issued a marriage license with court permission. In Delaware, the age of consent was lowered from 10 in 1871 to 7, with the penalty for sex with a girl below that age being death. In Guam, the general age is 18, but 16-year-olds can marry with the consent of at least one parent.

While the law may vary across states, the general principle is that parental consent is required for minors to marry, and the minimum age for marriage without parental consent is generally higher.

Child marriage and religion

Child marriage is a global issue that occurs across societies, cultures, and religions. While no major religion explicitly promotes child marriage, religious beliefs and traditions are often used to justify the practice. For instance, in the United States, religion has played a role in preserving child marriage, influencing both parents who force their children to marry early and lawmakers who refuse to implement stricter legislation to prevent coercion.

In some cases, parents may use religious guilt-tripping tactics to pressure their children, especially girls, into marrying at a young age. This may include threats of divine condemnation or ostracism by the religious community if the child refuses to comply. Additionally, certain religious sects promote early marriage to prevent sexual relations outside of wedlock, which can be interpreted as a moral safeguard by parents.

However, it is important to note that child marriage is not unique to any one faith or region. It is prevalent among both Muslims and Hindus in India, and Christians and Muslims in Burkina Faso and Ethiopia. An analysis by the International Center for Research on Women found that factors such as poverty and limited educational opportunities for girls are more consistent predictors of high child marriage rates across countries than adherence to a particular religion.

The role of religion in child marriage is complex, and religious leaders can be pivotal figures in ending the practice. Religious leaders are often trusted and influential within their communities and can advocate for the most vulnerable, including children. Successful programs to combat child marriage have engaged religious leaders from various faiths, such as Orthodox, Catholic, Protestant, and Muslim traditions, to raise awareness about the risks and consequences of early marriage.

To address child marriage effectively, it is crucial to recognize that the issue is not solely a religious one but also involves cultural norms, gender roles, and economic factors. By working together with religious leaders and communities to challenge ingrained traditions and promote the well-being and rights of children, we can make significant strides toward ending child marriage worldwide.

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