US records 300,000 child marriages from 2000: Why is it still legal?

The United States, often regarded as a champion of human rights, is grappling with a disturbing reality: the persistence of child marriage. Despite global condemnation and strides in combating the practice, child marriage remains legal in most US states.

While child marriage is typically associated with countries in South Asia and Africa, it is a pervasive issue in the US as well. According to research by Unchained At Last, a nonprofit organisation dedicated to ending forced and child marriages, over 300,000 children have been married in the US from 2000 to 2018.

The vast majority of these marriages involved young girls being wed to adult men. Shockingly, in 2017, child marriage was legal in all 50 states, with Delaware and New Jersey becoming the first states to ban the practice in 2018.

“Child marriage remains legal in 37 states and is happening in the US at an alarming rate,” states Unchained At Last. The organisation’s research uncovered that children as young as 10 have been married across the country, and that the age of majority—when a child legally becomes an adult and gains full legal rights—is 18 in every US state.

However, children who marry before reaching the age of majority often face overwhelming legal and practical barriers to escape abusive relationships.

Why is child marriage legal in most US states?

Despite the widespread occurrence of child marriage in the US, the legal landscape remains fragmented. The minimum age for marriage is determined by individual states, not the federal government, leading to a patchwork of laws riddled with exceptions.

As of 2024, 13 states have passed legislation banning child marriage outright, including Delaware, New Jersey, Pennsylvania, Minnesota, Rhode Island, New York, Massachusetts, Vermont, Connecticut, Michigan, Washington, Virginia, and New Hampshire. However, 37 states still allow child marriage under certain conditions, such as parental consent or judicial approval.

“Perhaps most shockingly, children are typically not allowed to initiate a legal proceeding, such as seeking a protective order or even filing for divorce, unless they act through a guardian or other representative. This outrageous legal setup puts the ’lock’ in ‘wedlock,’” says Fraidy Reiss, founder and executive director of Unchained At Last.

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In states like Texas, which recorded the highest number of child marriages (41,774) from 2000-2018, these legal exceptions have allowed the practice to persist. Other states with high numbers include California (23,588), Florida (17,274), Nevada (17,403), and North Carolina (12,637).

The state with the fewest child marriages during that period was Rhode Island, with 171 cases. The inconsistency in state laws often leads to situations where minors are taken across state lines to marry in jurisdictions with more lenient laws.

“When one state ends child marriage, often you’ll see in a neighboring state that still allows it, or even a few states over, you’ll see those numbers increase,” Reiss told Newsweek. “You have to pass simple, common-sense legislation that costs nothing, harms no one, to end a human rights abuse that destroys girls’ lives and creates a nightmarish legal trap for minors.”

How does child marriage impact the victims?

Child marriage is more than just a legal issue—it is a severe form of gender-based violence that has long-term consequences for those involved. Marrying at a young age often leads to an imbalanced power dynamic, leaving minors vulnerable to domestic and sexual violence.

In the US, 86 per cent of child marriages involve a minor girl marrying an adult man, setting the stage for potential abuse and exploitation.

According to the Population Institute’s study titled Behind Closed Doors: Exposing and Addressing Harmful Gender-Based Practices in the United States, child marriage is a significant factor contributing to the dropout rate among adolescent girls. Globally, it is the leading cause of girls leaving school.

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In the US, women who marry before the age of 19 are 50 per cent more likely to drop out of high school, four times less likely to graduate from college, and 31 per cent more likely to live in poverty. These consequences perpetuate cycles of poverty and limit opportunities for those affected.

Child marriage is a form of gender-based violence and a human rights violation," Maniza Habib, research associate at the Population Institute wrote for Al Jazeera. “It puts minors at higher risk for poverty and exploitation and denies them educational and economic opportunities.”

What is stopping the US banning the practice?

Efforts to ban child marriage across the US have faced significant resistance from both conservative and progressive groups. In conservative states, opposition often stems from concerns over religious freedom and anti-abortion stances.

In more liberal states like California, lawmakers have stalled efforts to pass laws against child marriage, citing fears that it could prevent minors in abusive relationships from accessing social support and protection.

However, the arguments against banning child marriage fail to address the fundamental issue: the protection of minors. “Ending child marriage is more important to the health and dignity of American children than preserving antiquated traditions,” Habib asserts. “They need protection from entering legal contracts that they do not have the power to escape, and empowerment to make their own choices about their lives.”

Leading human rights lawyer Amal Clooney speaks next to former US first lady Michelle Obama during the Discussion on Ending Child Marriage and Empowering Adolescent Girls at the Centre for the Book in Cape Town, South Africa, November 16, 2023. File Image/Reuters

Despite the challenges, there is growing momentum to address the issue. As of July 2023, only four states — California, Mississippi, New Mexico, and Oklahoma — had no minimum age for marriage.

Legislation to ban child marriage under the age of 18 is pending in states like California, Illinois, Missouri, and South Carolina. Advocates argue that a nationwide ban on child marriage, without exceptions, is necessary to ensure the safety and well-being of minors.

The lack of a comprehensive federal law setting a minimum age for marriage has allowed this harmful practice to continue, leaving thousands of minors vulnerable to abuse and exploitation.

As Habib states, “Child marriage threatens the bodily autonomy and reproductive freedom of a child more than any ban ever could.”

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