California Passes Law Banning Child Marriage Without Exception

California has taken a significant step in protecting its youth by passing a law that sets 18 as the minimum age for marriage without exception. This landmark legislation, which was a long-awaited victory for child marriage survivors and advocates, comes after nearly a decade of persistent efforts and setbacks.

The new law, which was introduced by then-State Senator Jerry Hill in 2017, has finally seen the light of day. Despite initial amendments in 2018 that left a loophole, the bill was revised and passed in 2023. Unchained At Last, a survivor-led nonprofit organization dedicated to ending forced and child marriage in the United States, played a pivotal role in this legislative journey. The organization, which has been involved since the original 2017 effort, brought together a coalition of 30 members, including survivors, local and national organizations, and high-profile advocates such as Chelsea Clinton.

Sara Tasneem, a child marriage survivor who campaigned for the change, expressed her mixed feelings upon the passage of the law.

The new law is a testament to the relentless, collaborative efforts of everyone who refused to give up on protecting children. It marks a significant milestone for girls' rights and underscores the commitment of organizations like Unchained At Last to end child marriage. According to Unchained At Last, between 2000 and 2021, roughly 34,875 girls were married in California. The majority of these marriages involved girls wed to adult men, with at least 66,415 of these marriages involving a child either too young to legally consent to sex or an age gap large enough that sexual intercourse would be considered statutory rape under state law.

California's law also addresses the broader issue of forced marriage by creating risks beyond the state's borders. Because federal spousal and fiancé visa requirements defer to the marriage age of the couple's intended state of residence, a California visa could be approved for a child of any age. This loophole opened a pathway for trafficking disguised as marriage, allowing U.S. citizen adults to bring foreign child spouses into California and non-U.S. citizen adults to marry California minors to gain legal status.

The debate over the ban exposed a familiar tension within the human rights movement: how to balance the rights of women and girls with the need for medical and reproductive freedoms. Advocates for a minimum age of 18 argued that, as the U.S. and California supreme courts have noted, abortion (and, by the same logic, medical care) is time-sensitive, while marriage is not: a girl cannot wait until 18 for an abortion, but she can wait to marry.

Unchained At Last's founder and executive director, Fraidy Reiss, reflected on the long journey to secure the ban.

The new law brings California in line with international human rights law, which obliges states to prevent and protect children from abuse. As the most populous state, California's ban sends a strong message to the remaining 32 states where children can still legally marry. The U.S. has no federal minimum marriage age, leaving states to set their own. California's new law voids the legal exception that previously shielded adults from prosecution for engaging in otherwise criminal sexual activity with children, except for children in existing marriages.

Since its inception in 1992, Equality Now, a worldwide human rights organization, has played a role in reforming 140 discriminatory laws globally, positively impacting the lives of hundreds of millions of women and girls.

The passage of this law is a critical step toward ending child marriage in the United States. It not only protects the rights of girls in California but also sets a precedent for other states to follow.

The new law is a powerful statement against child marriage and a victory for the millions of girls who have been affected by this harmful practice. It is a reminder that with perseverance and collaboration, even the most challenging issues can be addressed and resolved.