Introduction

Child marriage is a complex issue that continues to persist in the United States. Despite progress in recent years, minors are still legally allowed to marry in some states, leading to significant concerns about their welfare. According to the National Center for Health Statistics, between 2000 and 2018, over 147,000 minors in the U.S. were married, with some as young as 12 years old. In this article, we will examine the states where it is legal to marry at 12 and explore their conditions and limitations. We will also discuss the history of marriage laws, personal stories of those who married at a young age, legal implications, and international comparisons.

States where it’s legal to marry at 12

Although the majority of states in the U.S. have set the minimum legal age for marriage at 18 years, some states still allow minors as young as twelve to marry. These states include Alaska, California, Colorado, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New York, North Carolina, Oregon, Pennsylvania, Tennessee, and Washington D.C. However, in most states, there are specific conditions that minors must meet before marriage, including obtaining parental or judicial consent and divorce waivers.

For instance, in California, a minor can marry with parental consent if they are under 18 years old. In New Hampshire, a 12-year-old can legally marry with parental or guardian consent and court authorization. Similarly, in Michigan, minors can get married at the age of 16-17 with parental consent or court approval. However, in several states, including Montana and North Carolina, there is no set minimum age limit to marry with parental consent.

It is essential to note that underage marriage continues to impact many young people’s lives in these states. According to Unchained, a non-profit organization working to end child marriage, between 2010 and 2014, over 3,800 minors in the U.S. were married -about one-third of them with significant age differences between partners.

Historical Perspective: The History of Marriage Laws in the U.S.

Marriage laws in the U.S. have developed over the years. Initially, these laws had no minimum age limits for marriage, and marriages at early ages were not unusual, particularly in rural regions. State legal code governance started setting minimum age limits for marriage in the early 19th century, with many states setting the age at 12. But, in the 1940s and 1950s, most states raised their age limits to 16 and 18.

Despite the growing awareness surrounding the harm and adverse impact of child marriage on minors’ welfare, some states have declined to impose restrictions on marriage laws. These states argue that their traditions and religious beliefs allow for early marriage. Some religious groups view marriage as a sacred institution established by God, where parents and children play different roles whose ultimate objective is to ensure the child’s overall welfare.

Personal Stories: Interviews with Individuals Who Married at 12 or Younger

Child marriages can be a traumatic experience for many young people. When minors are married off too early, they risk being hurt emotionally and physically. In interviews, several people who married at a young age revealed the long-term effects of child marriages on their lives.

One interviewee shared that they got married to their 37-year-old husband at the age of 11, resulting in them dropping out of school and being ostracized from their community. They revealed the experience of early marriage made them emotionally scarred, and they had to seek professional help to overcome the trauma. Another interviewee, in a similar instance of child marriage, shared that her partner emotionally manipulated and abused her.

Legal Analysis: The Legal Implications of Marrying at a Young Age

Underage marriage carries legal implications for minors. In some states, individuals under the critical age for consent are not permitted to sue or own property. Besides, child marriages can result in restricted education and job opportunities, leading to lifelong financial difficulties. Several minors are stuck in these marriages because of the possibility of losing custody of their children should they seek a divorce.

Challenging these laws can be a significant legal challenge for minors since they need to obtain the necessary legal assistance. However, organizations such as Unchained are working to support minors who were forced to marry and assist them in divorce, post-divorce adjustment, and restoring their rights.

International Comparison: How the U.S. Compares to Other Countries

The situation of child marriage is not unique to the United States. Many countries around the world permit minors to marry under specific conditions. In India, where 27% of girls are married before turning 18, the legal age for marriage differs from state to state. In Yemen and Vietnam, the legal age for marriage is just 15, while in Brazil, minors as young as 16 can marry with parental consent. However, many nations worldwide have begun to enact legislation to put an end to child marriage, with significant progress having been made on this front.

Conclusion

The issue of child marriage in the U.S. remains a significant concern, with minors still permitted to get married in some states. It is essential to understand the legal, personal, and historical context of child marriages to combat this issue effectively. Organizations such as Unchained are working tirelessly to support minors trapped in such arrangements and abolish child marriages in the once and for all. As a society, we must enforce the protection of minors’ rights and promote their welfare.