Child marriage is a persistent, evolving, global problem, and the United States is far from immune. A new study shows that child, early and forced marriage and unions (CEFMU) is adapting to the digital age, becoming more hidden and harder to prevent.
But at the same time, the issue is becoming less secret and more discussed. At the International Conference on Familty Planning in Bogota last week, political leaders and activists from around the world discussed implementing a new WHO guideline on preventing early pregnancy and child marriage. And last month, the U.N. observed the International Day of the Girl Child, with an agenda that includes raising the legal age of marriage for girls.
Frank discussion of child marriage is also ramping up in the U.S.
A bill to ban child marriage was just introduced in the Wisconsin Legislature.
Last month’s biopic I Was a Child Bride: The Courtney Stodden Story, about a 16-year old girl getting married to 51-year-old Hollywood actor Doug Hutchinson, touched off a media frenzy. At the time of Stodden’s marriage 15 years ago, Nevada state law allowed minors to marry, with parental consent, and Stodden has been speaking out about the legal gaps that allowed her to be groomed and married to a man three times her age.
Stodden’s story is far from unique. Between 2000 and 2018, nearly 300,000 children were married in America—most of them girls wed to adult men. The vast majority were not runaways; they were victims of an unsupportive health, economic and educational system that legally sanctioned their exploitation, and which remain largely unrectified today.
Yet there’s a persistent American misconception that child marriage is a foreign problem; that it only happens overseas or only to immigrant communities. A majority of Americans already assume it is illegal across the U.S.
They might be shocked to learn that child marriage is in fact prevalent here and legal in 34 states. Lack of a strong legal framework to prevent child marriage in the U.S. contributes to its prevalence.
There is no federal law setting a minimum age for marriage. State loopholes allow judges or parents to sign off on unions involving minors—sometimes for children as young as 10. Four states have no age limit for marriage whatsoever. California, for example, has no minimum age for marriage and weak record-keeping.
Absent robust reporting, child marriage in the United States gets quietly normalized in some communities, hidden under the guise of religion or family honor.
Some argue restricting it would interfere with parental rights or religious liberty. Some lawmakers worry banning child marriage might prevent teen parents from raising their own children. Child marriage bans have also run into resistance for fear they would encourage abortion among teens.
This failure to recognize the problem and grapple with solutions stems in part from American exceptionalism—the idea America’s moral standing is somehow higher than the rest of the world.
And when it comes to passing a child marriage ban, fears of losing state and individual sovereignty also come into play. Setting marriage age is considered the purview of states, not the federal government. Even progressive groups like Planned Parenthood worry that child marriage bans might impede a minor’s ability to seek an abortion or give consent.
These factors make advocacy difficult, but they don’t change the fact that banning child marriage is still in the best interest of America’s children and teens.
Marriage before age 18 has devastating lifelong consequences. Women who marry before age 19 have a 23 percent greater risk of developing a serious health condition. They face intimate partner violence rates almost three times the national average. They are more likely to drop out of high school.
Lacking the rights and resources of adults, children in marriages are left vulnerable and suffer long-term trauma. A survivor of child marriage can’t easily file for divorce, sign a lease or enter a domestic violence shelter.
Burkina Faso, a country with one of the highest rates of child marriage in the world, recently passed a new law raising the minimum marriage age for both girls and boys to 18. But U.S. policy on child marriage lags far behind.
Laws have been proposed repeatedly in Congress, and repeatedly delayed. Last year, Senator Richard Durbin (D-Ill.) introduced the Child Marriage Prevention Act, which is expected to be reintroduced soon. It would incentivize states to raise the minimum age of marriage to 18, prohibit child marriage on federal lands and work toward preventing the trafficking of child brides. It’s a step forward, though some advocates argue it’s not strong enough and doesn’t set a minimum age of 18 for spousal visas.
Meanwhile stronger laws and bans are passinf in some states—most recently in Missouri. But loopholes still abound, and our patchwork of outdated, inconsistent laws fails to protect children.
Advocates need to push for a ban in states where child marriage remains legal, and for strong federal law. Congress should pass the Child Marriage Prevention Act; work towards setting 18 as the minimum age of marriage across all states; and mandate better reporting, education and support services for survivors.
If Burkina Faso can move forward, why can’t the United States? Every girl—whether she lives in Ouagadougou or Ohio—deserves protection from coercion and abuse.