Not Just a Myth: Child Marriage in the U.S.

By Jessica "Lulu" Lipman
Lulu is a junior in the College of Arts and Sciences at the University of Pennsylvania majoring in English.

Despite the widespread belief that child marriage only occurs in third-world countries, more than 248,000 children were married in America between 2000 and 2015. Although to marry, a person must be 18, 46 states currently have loopholes that allow minors to do so. Such laws vary by state; in North Carolina, for example, if a 14-year-old becomes pregnant, she can marry as long as she has the court's approval [1]. 

86% of recorded child marriages were between a minor as young as 12 and an adult man. These marriages have devastating effects, such as increased rates of child mortality, HIV, and domestic violence. Further, girls who marry before turning 18 experience reduced access to education, diminished mental and physical health [2]. 

Certain facets of the law exacerbate the problems of child marriage. Because the legal age in the United States is 18, the law in most states prohibits a person from filing for divorce until then. Therefore, until this age is reached, the victim is trapped in the marriage, regardless of abuse or other circumstances. Further, if a victim attempts to leave the union by running away, he or she may be criminally charged, as it is against the law for minors to run away from home in multiple states [3]. Moreover, although it is illegal for a person over the age of 18 to have sex with a minor, child marriage provides a loophole for statutory rape laws. In 38 states, statutory rape laws no longer apply if the two people are married. 

Advocacy groups have been urging lawmakers to universally enforce a minimum age of 18 for marriage in every state. However, there are still no federal laws tackling child marriage, which is particularly upsetting given that the U.S. government contends that child marriage is a human rights abuse in other countries. In California, Senator Jerry Hill (d) initiated a form of legislation that aimed to bar marriage for anyone under the age of 18 without any exceptions [5]. Many liberal groups, however, resisted the bill, citing the highly personal nature of marriage. The American Civil Liberties Union asserted that Senator Hill’s bill would "intrude on the fundamental rights of marriage without sufficient cause" (Stauffer), and the bill ultimately failed to be passed in 2017 [6]. 

In 2019, seven states passed bills that set a minimum age for a person to marry to 16 or 18, depending on the state. Further, many of the aforementioned states fortified the judicial review process for minors to get married in order to prevent marriages where the minor is being forced or coerced into an unwanted union. In Colorado, for example, a guardian of the minor must carry out a full investigation and write a report detailing the unusual circumstance in which the person under 18 should be granted permission to get married. Advocacy groups like Unchained at Last, which was founded by a victim of child marriage, have been working to voice to politicians the reality and dangers of child marriage in the U.S, emphasizing the fact that most child marriages are not between two high school sweethearts and are instead unions where a minor, usually a girl, is taken advantage of. The dedication of such groups has helped raise awareness regarding child marriage and has prompted lawmakers to take action. Still, however, many state representatives do not even acknowledge child marriage as a pervasive issue in the U.S. [8].

Despite these strides made to curb the thousands of child marriages occurring in the United States annually, there is still much work that needs to be done to protect children from such unions. In 13 states, a child of any age can still legally get married, and thus there are many at-risk girls from states where marriage is not legal until you are 18, who are taken across state lines to be wed. Therefore, it is imperative that the minimum age to marry is 18 federally, with no exceptions  [9]. Considering that the United Nations has stated that child marriages are "an appalling violation of human rights" and one aspect of their Sustainable Development Goals is to abolish child marriage by 2030, it is time for the U.S. to take more widespread, concrete measures tackling this issue [10]. 

References
[1] Selby, Daniele. “Child Marriage Is Legal in the US. Here's How You Can Help End it” (3 Sept 2019) Global Citizen. https://www.globalcitizen.org/en/content/child-marriage-in-the-us-what-to-know/
[2] “Child Marriage in the United States” (23 Oct 2017) Tahirih Justice Center. https://www.tahirih.org/wp-content/uploads/2016/11/Tahirih-Child-Marriage-Backgrounder-2.pdf
[3] Selby, Daniele. “Child Marriage Is Legal in the US. Here's How You Can Help End it” (3 Sept 2019) Global Citizen. https://www.globalcitizen.org/en/content/child-marriage-in-the-us-what-to-know/
[4] Stokes, Elaisha. “Campaign to end child marriage in the U.S. runs into some suprising opposition” (31 Oct 2019) CBSNOriginals. https://www.cbsnews.com/news/child-marriage-in-us-cbsn-originals/
[5] Stokes, Elaisha. “Campaign to end child marriage in the U.S. runs into some suprising opposition” (31 Oct 2019) CBSNOriginals. https://www.cbsnews.com/news/child-marriage-in-us-cbsn-originals/
[6] Stauffer, Rainesford. “Why Are Some States Quietly Trying to Make It Easier to Marry Young Girls?” (25 Oct 2019) InStyle. https://www.instyle.com/news/child-marriage-laws-by-state
[7] Clark, Dartunorro. “End child marriage in the U.S.? You might be surprised at who's opposed” (8 Sept 2019) NBC News. https://www.nbcnews.com/politics/politics-news/end-child-marriage-u-s-you-might-be-surprised-who-n1050471
[8] Clark, Dartunorro. “States across the country take action to save child brides” (24 June 2019) NBC News. https://www.nbcnews.com/politics/politics-news/states-across-country-take-unprecedented-action-save-child-brides-n1019886
[9] Clark, Dartunorro. “States across the country take action to save child brides” (24 June 2019) NBC News. https://www.nbcnews.com/politics/politics-news/states-across-country-take-unprecedented-action-save-child-brides-n1019886
[10] Withers, Mellissa. “Time’s Up on Child Marriages in the U.S.” (5 Mar 2019). Psychology Today. https://www.psychologytoday.com/us/blog/modern-day-slavery/201903/time-s-child-marriages-in-the-us

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