Wisconsin Legislators Consider Banning Child Marriage in 2026

Will Wisconsin join the growing list of states banning child marriage? What to know about a recently introduced bill sponsored by a group of WI democrats

Last month, a group of legislators in Wisconsin introduced a bill to ban child marriage in the state, and to create new legal protections for married minors. This is the third time similar legislation has been introduced there.

The bill, Senate Bill 634 (and its companion Assembly Bill 656), were introduced in late-October for consideration next year. If they’re passed, they would repeal a section of the law that allows children as young as 16 years old to get married if they have written permission from a parent, guardian, or judge. Only adults, 18 years old or older, would be able to marry in the state, without exceptions. 

The legislation would also create a new law to allow married minors to easily file for separation or divorce on their own, and create an easier pathway for annulment by allowing any person married as a minor to file for annulment within 10 years of marriage. Currently, married minors can face several challenges and additional steps when filing for divorce, annulment, or separation, including finding adult representation. 

The joint bills were introduced by Senator Mark Spreitzer (D-Beloit), Representative Ann Roe (D-Janesville), Representative Clinton Anderson (D-Beloit), and Representative Brienne Brown (D-Whitewater), and have more than 30 Democratic representatives and senators signed on as cosponsors, demonstrating widespread support, despite previous attempts at similar amendments.

Senator Mark Spreitzer said, when introducing the bill: 

“I am proud to once again introduce legislation to end child marriage in Wisconsin. The data is clear: the marriages this bill would outlaw are overwhelmingly between minor children and adults, with the vast majority involving minor brides marrying adult men, and research shows that child marriages have higher rates of domestic violence. I deeply appreciate the Zonta Club of Janesville and Zonta Clubs across Wisconsin for their partnership and ongoing advocacy to end child marriage in our state.”

• Read the full text of the proposed bill: WI SB634 | 2025-2026: relating to the age for marriage and eliminating spousal exceptions for certain sex crimes against children.

• Get the full scoop in this in-depth article by Laura Schulte: Lawmakers intro a bill to ban child marriage. 'This is not about teenagers falling in love'

Is child marriage legal in the United States? 

Yes, under specific circumstances: In the United States, children can marry in some states if they meet the local minimum age requirements and other legal conditions, for example having written consent from a parent or legal guardian, or marrying a partner within a certain legally-defined age gap.

Each state writes its own set of marriage laws, including the laws that govern when and how minors can get married (and to whom). Recently, several states have passed new laws to eliminate exceptions that allow minors to get married, meaning that you must be at least 18 to get married in these states. 

See the legal marriage age in your state here: 

• How Old Do You Have To Be To Get Married In Each State?
   

List of states where child marriage is banned (states where you must be 18 to get married)

As of today, underage marriage is illegal in 17 U.S. states, the District of Columbia, and 3 US territories (at the time of writing): 

American Samoa, Connecticut, Delaware, District of Columbia, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Puerto Rico, Rhode Island, US Virgin Islands, Vermont, Virginia, and Washington.