Peer-reviewed article
Child Marriage in the U.S.: Loopholes in State Marriage Laws Perpetuate Child Marriage
Sarah Ochieng ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This document examines child marriage in the United States, a practice often overlooked in developed countries. It reviews loopholes in state marriage laws that enable child marriage to occur, using California, Alaska, Delaware, and New Jersey as case examples. The analysis considers child marriage as a human rights violation and its effects on children. The document provides recommendations for how state laws should be reformed to eliminate legal exceptions that permit child marriage.
Key points
- Child marriage affects thousands of children each year in the United States
- State marriage laws contain loopholes and exceptions that perpetuate child marriage
- Different states have taken different approaches to marriage law regulation
- Child marriage constitutes a human rights violation with documented harms
- Legislative and policy reform is recommended to close existing legal loopholes
Limitations
This document is a legal analysis and policy review rather than an empirical study, so it does not provide quantitative data on prevalence, outcomes, or comparative effectiveness of different legal approaches. The document does not present research evidence on the consequences of child marriage for affected children's health, education, or development.
Abstract
The practice of child marriage is often discussed in the context of developing countries and many people find it unthinkable that child marriage also occurs in developed countries such as the United States of America. However, child marriage is a serious problem in the United States that affects thousands of children each year. This comment reviews the loopholes in state marriage laws. Part II considers the scope of child marriage as a human rights violation and the effects of child marriage. It also provides a background of the loopholes in state marriage laws, and a focus on the marriage laws of California, Alaska, Delaware, and New Jersey as examples of the different approaches states have chosen in enacting their marriage laws. Part III provides an analysis of the problem with the exceptions in the marriage laws. Part IV analyzes the case law and legislative history of the different approaches taken by different states. Finally, Part V suggests the approach state laws should take in eliminating the existing loopholes.