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Which states have banned child marriage?

Since 2018, six states have banned all marriages before 18: Delaware and New Jersey in 2018, Pennsylvania and Minnesota in 2020, Rhode Island and New York in 2021.

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Levesque was 15 and imagining a career in photography when she first heard about child marriage. A lot of women in her family had married young, so her mother had raised her to be independent and self-supporting instead. “I was the person outside of politics who was just like, ‘Down with the patriarchy,’” she recalls. “I was taught there’s not always going to be someone to advocate for me, so I have to advocate for myself.” Then, at a 2015 conference for high-school Girl Scouts in Rhode Island, Levesque heard presenters from UNICEF USA talk about gender inequality, child marriage and human trafficking. The message that girls in trouble needed other girls to advocate for them resonated with Levesque. Back home in New Hampshire, she looked up her state’s laws and was appalled to learn that girls as young as 13 could be married there. She asked state representatives she’d met through Girl Scouts to sponsor a bill raising the marriage age to 18. Soon, Levesque was lobbying legislators at the state capitol in Concord. “She was very, very shy,” recalls former state Rep. Jackie Cilley, a Democrat who represented Levesque’s hometown of Barrington, “but this is an issue that really had her heart and soul. She pushed through that challenge, speaking to groups, to committee hearings.” At first, Cilley was incredulous that 13-year-old girls could marry in New Hampshire — but once she confirmed that Levesque was right, Cilley and other sponsors brought a bill to raise the minimum marriage age to 18 before the state House in early 2017. It would’ve been the nation’s first, and opposition emerged. Some Republican legislators argued that 17-year-olds joining the military should be able to marry their pregnant girlfriends. The bill failed on a 179-168 vote, with all Republicans and 18 Democrats voting no. The vote left Levesque surprised, but wiser. “We all thought it was a pretty easy bill,” she recalled. “It was just fixing an old law that needed to be changed.” The defeat taught her a lesson about politics. “It’s not going to be all straightforward,” she said. “It’s going to be difficult.” But thanks to Levesque, the once-obscure issue of child marriage got a burst of national attention. A Boston TV report showed Levesque, wearing her badge-adorned scouting vest, making a succinct case for the bill. It was a sharp contrast with the dismissiveness of a then-representative who said he didn’t want to change a century-old law because of “a request from a minor doing a Girl Scout project.” “You’ve made a very good point!” Levesque recalls thinking. “I’m still a kid!” — but still of legal age to marry. It was a ripe target for comedian Samantha Bee, who mocked the state rep on her TBS show Full Frontal. As Levesque’s activism grew, her grandmother confided in her about her experience as a child bride. “She never shared about it with her children,” Levesque said. Born in 1927, her grandmother had married a Navy sailor at age 16 to escape living with an uncle who molested her. But her husband became emotionally abusive. Returning from deployments to Hawaii, he’d brag about his many infidelities. She left him when she was 18 and later remarried. “I want to tell you the story about it,’” Levesque recalls her grandmother saying. “She wanted it to be heard.” Levesque now tells her grandmother’s story in hearings about her bill. In 2018, Cilley proposed compromise bills to raise New Hampshire’s minimum marriage age to 16 and to require judges to grant marriages involving 16-to-17-year-olds only “upon clear and convincing evidence” that it was in the minor’s best interest. Sununu endorsed the bills, and they passed easily. “I was a little bit disappointed,” Levesque said of the compromise, “but it’s a stepping stone toward the right direction.” Levesque brought her grandmother with her to the signing ceremony. Around the same time, Cilley was retiring, so local Democrats asked Levesque to run for state representative in the multi-member district representing Barrington, her hometown. “We need younger people who are bolder,” said state Rep. Ellen Read, a Democrat from nearby Newmarket who helped recruit Levesque to run. “We really need people who are willing to fight for the right thing, not necessarily what is in their best interest career-wise. Cassie has shown she’s willing to stand up and fight for something, even if it upsets people.” Levesque paid the $2 filing fee with two Susan B. Anthony dollar coins. She ran on addressing water-quality problems and representing small-town businesses — a good fit for Barrington, a rural town known for the 152-year-old Calef’s Country Store. “The first time that I ever voted was the time that I voted for myself,” she said.

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In a four-person race for two seats, Levesque came in first, defeating two Republicans in their 60s, an Air Force veteran and a library trustee. “I’m very young,” she explains, “so I wasn’t the typical politician most people think of.” Child marriage has existed throughout American history. Though it has declined in recent decades, especially as the stigma has lessened around unwed motherhood, it has never completely disappeared, said Nicholas Syrett, author of the 2016 book American Child Bride: A History of Minors and Marriage in the United States. “It has never been a norm, but there have always been a significant number of people who have married as minors,” said Syrett. In 1960, 6.6 percent of American girls aged 15 to 17 were married; in 2010, only 0.4 percent were, according to Census figures cited in Syrett’s book. “The stigma around illegitimacy and unwed motherhood really declined.” But even that small percentage represents a surprisingly high number of people. Unchained At Last’s study, based on full marriage-license data from 32 states and partial data from 12 more, confirmed that at least 232,474 children married in the U.S. between 2000 and 2018. The study found that the number of minors marrying has decreased nearly every year, from about 20,000 in 2002 to about 2,500 in 2018. “People who object to banning child marriage believe a baby will be better off if its parents are married,” Syrett said. “There’s not much evidence to suggest that’s true, if the parents are poor and minors to begin with.” Quite the contrary, Syrett adds: “From the early 20th century onward, the younger you get married, the more likely you are to get divorced.” The politics of child marriage don’t map neatly onto our partisan divides. In some states, child-marriage bans have passed with overwhelming bipartisan support. In Pennsylvania, a Republican-sponsored law prohibiting marriage before age 18 passed the Republican legislature unanimously in 2020. In Minnesota that same year, a Democrat-sponsored child-marriage law passed the GOP-controlled Senate without opposition. But in New Hampshire and some other states, debate about child-marriage bans does seem to have a partisan edge. Democrats support a ban, concerned about exploitation of girls, while Republicans see the bans as government overreach into parents’ and teens’ decisions. Conservative legislators in states such as Louisiana and Idaho — which each recorded about 5,100 marriages involving minors between 2010 and 2018 — have refused to pass similar bans, saying pregnant teens shouldn’t be kept from marrying. Instead, the two states, which had no minimum marriage age four years ago, have since set it at 16. New Jersey’s first attempt to ban child marriage failed in 2017, when then-Gov. Chris Christie vetoed a Republican-sponsored bill, saying it “does not comport with the sensibilities and, in some cases, the religious customs, of the people of this State.” (He didn’t specify which religious customs.) Since New Jersey allows pregnant girls to get an abortion without parental consent or notification, Christie also argued, banning 16- and 17-year-olds from marrying was “disingenuous” and an “inconsistency in logic.” In 2018, the reintroduced child-marriage ban passed the state House, 59-0, and the Senate, 30-5, despite opposition from members of Orthodox Jewish communities who wanted a religious exemption. Christie’s successor, Democrat Phil Murphy, signed it into law. The issue breaks down differently at the federal level. Though the U.S. State Department declared child marriage a human-rights violation in 2016, U.S. immigration law includes no minimum age for visa petitions involving marriages. A 2019 U.S. Senate report found that U.S. Citizenship and Immigration Services had approved 8,686 visa petitions involving minor spouses and fiancées from 2007 to 2017. (Mexican nationals made up 40 percent of the approved beneficiaries. Middle Eastern nationals, mostly from Jordan, Iraq, Lebanon, Pakistan and Yemen, had the highest approval rates for petitions.) In Congress, it is conservative Republicans who carry the anti-child marriage banner. In 2019, Republican U.S. Sens. Ron Johnson, Joni Ernst and Tom Cotton proposed a bill to require both parties in a spousal visa to be 18. In a few states, though, opposition to banning child marriage comes from the left. In California, a bill to raise the marriage age to 18 failed in 2017 after state chapters of the American Civil Liberties Union and Planned Parenthood opposed it; the ACLU argued that the bill “unnecessarily and unduly intrudes on the fundamental rights of marriage without sufficient cause.” A compromise law, signed in 2018, requires judges to look for evidence of coercion before granting a marriage license to a minor.

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California is one of nine states with no minimum marriage age. Assemblymember Cottie Petrie-Norris, a Democrat from Laguna Beach, wants to change that. “In a state where we like to think of ourselves as setting the trend lines, this is a place where we’re just failing,” she said. She plans to introduce this year a new bill to ban child marriage. Petrie-Norris said some abortion-rights supporters are concerned that a child-marriage ban could become a slippery slope affecting reproductive rights; California is one 11 states with no parental involvement in minors’ abortions. “I think these are fundamentally different issues,” she said. “We have minimum ages to smoke cigarettes, drive a car and buy alcohol. None of that has any implication for the right to access reproductive health care in my mind.” The California debate is stymied by a lack of baseline facts. It’s one of six states that provided no marriage-license data to Unchained At Last for its 2021 study. The California Department of Public Health, responding to a reporting requirement in the 2018 law, counts 17 marriages of minors statewide in 2019 and 17 in 2020 — including two men, ages 25 and 22, marrying 15-year-old girls. Petrie-Norris said she’s struggling to reconcile those double-digit figures with the U.S. Census American Community Survey estimate that 12,000 married minors ages 15 to 17 lived in California in 2019. “I worry it’s more likely something falling through the cracks with respect to reporting,” she said. In New Hampshire, too, a debate about the prevalence of child marriage is part of the controversy. State records show that 407 minors married in New Hampshire between 1995 and 2021. Eighty percent were girls marrying men 18 years or older. But even before the 2018 law raised the minimum marriage age to 16, child marriage in New Hampshire was on the decline. Annual numbers of girls marrying in the state have fallen from about 35 in 1995 to five each in 2019 and 2021. Now, opponents of reform argue that child marriage has become too rare to merit banning. “I don’t think it’s a huge problem in New Hampshire,” said Rice, the Republican chair of New Hampshire’s Children and Family Law Committee. Rice defends the right of older teens to marry. “If a 17-year-old gets pregnant and they decide to get married, that’s between them and their parents.” Indeed, activists’ testimony about teen marriages’ high failure rates seems only to have hardened Rice’s opposition to a ban. “I don’t want to put so much negativity on marriage,” said Rice, who said at the February committee hearing that she married at 19. “I don’t want to tell someone who got married at 17 that you’re doomed to fail. That’s not the attitude to have towards marriage. That’s probably why everybody gets divorced these days.” Levesque has heard such arguments before. “A couple of representatives have said, ‘I got married young, and I’m still married to them, and it was a good marriage,’” said Levesque. “And I said, ‘That’s really great, [but you] are the 20 percent, versus the 80 percent who end up in situations that they wish could’ve been stopped.”

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