Congress Takes a Closer Look at Child Marriage in the US

Congress lawmakers consider the Child Marriage Prevention Act of 2024 

 

Earlier this month, lawmakers in Congress introduced new legislation calling for a closer look at the consequences of child marriage in the U.S.

 

Called the ‘Child Marriage Prevention Act of 2024,’ the bill would create new methods to study how often and under what circumstances child marriages occur in the U.S., and closely examine the impacts these marriages have on children. This information would then be used to establish new state and federal policies or laws to restrict, monitor, or ban child marriage. 

 

This legislation is timely. It follows several years of increased advocacy against child marriages, as experts point to overwhelming evidence that child marriage harms children in all areas, including fewer educational opportunities, increased poverty, damage to physical and mental health, increased rates of partner violence, and rape. (via Congressional Record Vol. 170, No. 126)

 

 

Is child marriage legal in the US? In many places, yes.

 

Child marriage is legal in most of the U.S., although a growing list of states have raised or revisited the minimum age to marry in recent years. 13 states now require all parties to marriage to be at least 18 years old, including Delaware, New Jersey, Pennsylvania, Minnesota, Rhode Island, New York, Massachusetts, Vermont, Connecticut, Michigan, Washington, Virginia, and (as of last month) New Hampshire. 

 

Still, four states have no minimum age to marry, and legislators say that children as young as 10 years old have married in the U.S. in recent years. Nearly 300,000 children were married between 2000 and 2018, with most being wed to adult men. (via Congressional Record Vol. 170, No. 126)

 

Child marriage statistics

 

Although some children are married as young as 10 years old, most are between the ages of 16 and 17 years old.

 

Legislators working on the bill cite child marriage statistics that show: “Women who marry before they turn 19 years of age are 50 percent more likely to drop out of high school and 4 times less likely to graduate from college;” “girls who marry in their early teens are up to 31 percent more likely to live in future poverty;” “women who marry before 19 years of age have a 23 percent greater risk of developing a serious health condition, including diabetes, cancer, heart attack, or stroke;” and “girls and young women 16 to 24 years of age experience the highest rates of intimate partner violence.” In addition, “70 to 80 percent of marriages entered into when at least one person is under 18 years of age ultimately end in divorce.” (via Congressional Record Vol. 170, No. 126)

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What will “S.4990 - A bill to comprehensively combat child marriage in the United States" accomplish if passed by Congress? 

 

If passed, the Child Marriage Prevention Act of 2024 would study and report on the prevalence and consequences of these marriages. Among other things, the bill would:  

 

• Create a federal commission to study and report on: current laws that define or prohibit child marriage; how often child marriages occur in each state; the circumstances and risk factors that contribute to child marriage; and the impacts these marriages have on the children involved. This 10-person commission would be known as the National Commission to Combat Child Marriage in the United States and would include bipartisan members and experts with personal experience being in, or involved with, child marriages.

 

• Require a detailed report of all commission findings, which will include a review of relevant federal and state laws, and both current and cumulative prevalence and impacts of child marriage on children. 

 

• Study the relationship between child marriage and immigration including how often U.S. citizens marry noncitizen children (who become permanent residents or apply for visas)

 

• Create a grant program for states to create task forces that examine child marriage locally and: determine whether child marriages should be prohibited in the state; develop policy recommendations to address negative impacts of child marriage on children; and study the intersection between child marriage and forced marriage, family violence, sexual assault, child abuse and neglect, and human trafficking

 

• Create and distribute a model State statute that bans child marriage

 

• Modify immigration laws to in regards to child marriage (when petitioning for visas, etc)

The Child Marriage Prevention Act of 2024 (S 4990) is sponsored by Senator Richard Durbin [D] of Illinois, with cosponsors Senator Brian Schatz [D] of Hawaii, and Senator Kirsten Gillibrand [D] of New York. It was introduced on August 1, 2024 and has been referred to the Committee on the Judiciary. 

 

Read more about the legislation here: 

 

• STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS; Congressional Record Vol. 170, No. 126 (Senate - August 1, 2024)

 

When updated, current bill text will appear here: 

 

• S.4990 - A bill to comprehensively combat child marriage in the United States.

118th Congress (2023-2024)

 

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Related: 

 

• Virginia’s Child Marriage Ban in Effect Soon, Plus Protections for Marriage Rights

 

• Washington State Just Banned Child Marriage
   
• How Old Do You Have To Be To Get Married In Each State?
   

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