12/13/2013 • Unchained tells U.N.: Early/forced marriage is a U.S. problem too

Unchained tells the U.N.: U.S. Law Allows Forced/Child Marriage

Unchained is pleased to announce it has submitted a memo to the Office of the United Nations High Commissioner for Human Rights about laws in the U.S. that easily allow parents to pressure, coerce or force children under the age of 18 into marriage.

The High Commissioner for Human Rights plans to  submit a report about child, early and forced marriage to the Human Rights Council in June 2014, and Unchained hopes the information it provided will be included in that report — as evidence that such marriages happen in the U.S., not only in Asia and Africa, and with Unchained’s recommendations for how to protect U.S. children from such marriages.

A Problem in the U.S. Too
Unchained’s memo to the High Commissioner noted that the U.S. has no legislation criminalizing forced marriage, and its laws surrounding the minimum marriage age easily allow for parents to pressure, coerce or force children under the age of 18 into marriage.

Marriage laws in the U.S. typically differ from state to state, and, sure, in most U.S. states the minimum legal age to marry is 18. However, every U.S. state also allows for one or both of two exceptions to the minimum marriage age: “parental consent,” which in most states decreases the minimum marriage age to 16 and in some states decreases it even more, and/or “judicial approval,” which in half the U.S. states decreases the minimum marriage age to zero.Anyone who is concerned about child, early and forced marriage should be concerned about these exceptions to the minimum marriage age laws in the U.S. Unchained has seen and heard of numerous cases of “parental consent” masking “parental coercion” of a U.S. teenager into marriage. As for “judicial approval,” Unchained has seen numerous judicial decisions in which a court appeared to defy all logic in an effort to act “culturally sensitive,” and Unchained fears that parents might be able to convince courts to approve the marriage of a child without the child’s full consent.Even without “parental consent” and “judicial approval” exceptions, two U.S. states allow children to marry before the age of 18: Nebraska, where the minimum marriage age is 17, and Wyoming, where the minimum age is a shocking 16.

Conclusions and Recommendations
Unchained concluded that early, child and forced marriages are serious problems around the world, including in the U.S., where state marriage laws allow parents to pressure, coerce or force children into marriage. Unchained strongly recommended two next steps to address the problem in the U.S.:
  1. Conduct the first-ever nationwide study in the U.S. on how often children under age 18 have been and are getting married in the U.S. under the “parental consent” or “judicial approval” exceptions or under state law in Nebraska and Wyoming; and
  2. Enact federal legislation or state-by-state legislation eliminating the two exceptions, raising the minimum marriage age in Nebraska and Wyoming, and establishing 18 as the minimum age to marry anywhere in the US.
What’s the Law In Your State?
Unchained’s memo to the High Commissioner included this table of minimum marriage ages by U.S. state:

STATE

MINIMUM AGE TO MARRY

MINIMUM AGE TO MARRY W/ PARENTAL CONSENT

MINIMUM AGE TO MARRY W/ JUDICIAL APPROVAL

Alabama

18

16

Alaska

18

16

14

Arizona

18

16

0 w/ parental consent

Arkansas

18

17 males;

16 females

0 w/ parental consent + pregnancy

California

18

0 w/ parental consent

Colorado

18

16

0 w/ parental consent

Connecticut

18

16

0 w/ parental consent

Delaware

18

0 w/ parental consent

Florida

18

16

0 if pregnancy or parenthood

Georgia

18

16

16 w/ parental consent

Hawaii

18

16

15

Idaho

18

16

0 w/ parental consent

Illinois

18

16

16[1]

Indiana

18

17

15 w/ parental consent + pregnancy or parenthood

Iowa

18

16

Kansas

18

16

15

Kentucky

18

16

0 if pregnancy

Louisiana

18

16

0 w/ parental consent

Maine

18

16

0 w/ parental consent

Maryland

18

16

15 w/ consent + pregnancy or parenthood

Massachusetts

18

0 w/ parental consent

Michigan

18

16

0 w/ parental consent

Minnesota

18

16 w/ parental consent

Mississippi

21

17 males;

15 females

0 w/ parental consent

Missouri

18

15

0

Montana

18

16 w/ parental consent

Nebraska

17

0

Nevada

18

16

0 w/ parental consent

New Hampshire

18

14 male; 13 female

New Jersey

18

16

0

New Mexico

18

16

0 if pregnancy

New York

18

16

14 w/ parental consent

North Carolina

18

16

14 if pregnancy or parenthood

North Dakota

18

16

Ohio

18

18 males; 16 females

Oklahoma

18

16

0 if pregnancy or parenthood

Oregon

18

17

Pennsylvania

18

16

0

Rhode Island

18

16 (females only)

0 w/ parental consent

South Carolina

18

16

South Dakota

18

16

Tennessee

18

16

0 w/ parental consent

Texas

18

16

0 w/ parental consent

Utah

18

16

15 w/ parental consent

Vermont

18

16

Virginia

18

16;

0 w/ pregnancy or parenthood + consent

Washington

18

17

West Virginia

18

16

0 w/ parental consent

Wisconsin

18

16

Wyoming

16

0 w/ parental consent

Washington D.C.

18

16



[1] Parental consent or judicial approval needed to marry in Illinois at age 16 or 17.