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Shine a light on child marriage in America

 



"In the absence of light, darkness prevails" is a quote from the first Hellboy movie. It came out in 2004. For some reason, that line has always stuck with me. When it comes to darkness or evil. It is profoundly true. When it comes to child marriage. Most people think it is something that only happens in foreign countries. Most people have no idea that it happens in America. In 2019, Brazil banned child marriage for those under 16. And recently, Colombia made the minimum age to marry 18 with no exceptions for pregnancy or parental consent. America needs to catch up with Colombia and the rest of the world. As of 2025, only about a dozen states have banned child marriage outright (18 with no exceptions). In many other states, minors as young as 16, 15, or even 14 can still marry under certain circumstances. Some common exceptions that allow child marriage are parental consent. Judicial approval (the judge can waive the age requirement). Pregnancy exceptions (some states allow minors to marry if pregnant). As a nation, we should not allow this to happen. We are better than this. We can and should do better. If Colombia and other nations can ban child marriage. America should be able to do this, also. America is not the best country in the world for girls. I know that there might be some women who read this who got married before the age of 18. Or have a mother or grandmother. They got married at a very young age. And had a very happy life. Today and going forward. No one should get married before the age of 18. This gives girls the best opportunity for a better future. We can be the architects of a better  world.

 They’ve have been cases where American girls were legally married at age 10, 11, or 12 legally. Married to men aged 40 and older. Also, since 2007 there have been nearly 8,700 spousal or fiancĂ© visa approvals that have involved a minor (including some as young as 13) married to a U.S. adult. California remains one of five U.S. states with no minimum marriage age . Child marriage is a “get‑out‑of‑jail‑free” card for statutory rape in the context of marriage since sexual conduct within marriage is exempt from criminal prosecution . Minors held in child marriages cannot access divorce or protective services until reaching adulthood at the age of 18. And that is the main reason adult men want to marry children. Until they reach 18. The adult husband has complete control over the child’s life . They are legally free to do whatever they want with the child. They can spend years beating and mentally conditioning the child into being a slave to the husband. Before they reach the age of 18. If a girl is too young to legally get a divorce. They should be legally too young to get married. Once again, I will say. America is not the best country for girls. Most people have no idea that this is happening in America."In the absence of light, darkness prevails". It is time to shine a light on child marriage in America.

Kincaid believes that child marriage is unconstitutional. Minors are not allowed to sign legal contracts.Because they lack the legal capacity and life experience to give informed consent. There is one exception to this. And that is marriage . A child 14 and even younger can marry in some states. But she can’t get a divorce until the age of 18. If she is being abused, she may not legally access a domestic violence shelter or obtain a restraining order. If she runs away, she is not treated as a victim. She’s treated as a runaway and returned to her abuser . States that let children get married. Are not giving them any freedoms or rights. They are only giving the husband a free pass . To beat and rape them. To have total control of a young girl before she reaches 18.  To spend years breaking their free will. To mentally condition them. So when they reach 18. They will be believe. That their main purpose in life. Is to be a servant to the husband. These very young girls. Do not have the same rights and protections. That every married over the age of 18 has. They are treated differently by the government. It is very clear. They do not have " Equal protection under the law” . It is also very clear. That child marriage is a violation of the Fourteenth Amendment to the U.S. Constitution. That says, “No state shall … deny to any person within its jurisdiction the equal protection of the laws.” Child marriage is more than just morally wrong. It is also unconstitutional. And should come to an end in all states.       





 










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Policy Statement: End Child Marriage -Restore Equal Protection



“Equal protection under the law” must mean exactly that for everyone. Yet in the United States today, child marriage remains a legal exception that strips minors most of them girls of the very protections our Constitution promises.


A minor cannot legally sign a contract, open a bank account, or leave home without being considered a runaway. But in many states, a minor can be forced into marriage sometimes to her rapist or abuser. And once married, she is denied the rights that every other married adult has. She may not be able to file for divorce, enter a domestic violence shelter, or even retain legal custody of her own body. She is legally trapped.


This is not freedom. It is not equality. And it is not justice.


The United States must join the dozens of nations that have recognized child marriage as a human rights violation. Marriage should begin at 18 with no exceptions. Anything less is a betrayal of our commitment to liberty and equal protection under the law.


We call on Congress and state legislatures to:


  • Ban all marriages under the age of 18.
  • Ensure married minors are not denied access to legal protections, including the right to divorce and domestic safety.
  • Treat child marriage as a form of child abuse not as a cultural or parental decision.



The law must not be used as a tool to entrap children in adult obligations without adult rights.





⚖️ 

Legal Argument: Child Marriage Violates the Fourteenth Amendment




I. 

Equal Protection Clause



The Fourteenth Amendment guarantees that:


“No state shall … deny to any person within its jurisdiction the equal protection of the laws.”


Yet in states that permit child marriage:


  • Minors are treated as adults for the purposes of entering marriage, but
  • Treated as minors for nearly every other legal matter, including:
    • The ability to file for divorce
    • Access to shelters or restraining orders
    • Signing legal contracts (including those for legal aid or housing)



This inconsistency results in unequal protection. Married minors, unlike adult spouses, are denied legal recourse, denied personal autonomy, and stripped of access to state protections in cases of abuse, abandonment, or harm.


This dual classification, adult for marriage, child for protection, fails both rational basis and heightened scrutiny under the Equal Protection Clause. The state cannot justify treating a child differently than every other married individual when it denies her legal tools to protect herself.





II. 

Due Process Clause



The Due Process Clause of the Fourteenth Amendment protects fundamental rights, including:


  • Bodily autonomy
  • The right to be free from unlawful restraint
  • Access to the courts
  • The right to marry and to leave a marriage



When a child is legally married but cannot legally divorce, she is trapped in a legal relationship with no exit, a condition that violates substantive due process.


In Planned Parenthood v. Casey, the Supreme Court affirmed that personal decisions about family and bodily integrity lie at the “heart of liberty.” Forcing a child to remain married without recourse is an unconstitutional deprivation of that liberty.





III. 

Gender Discrimination



In practice, the overwhelming majority of child marriage victims are girls. Laws permitting child marriage, while gender-neutral on their face, have a disparate impact on female minors, thereby implicating intermediate scrutiny under the Equal Protection framework.


The state must show an important governmental interest in permitting child marriage, and that the law is substantially related to achieving it. No such interest exists. Cultural or religious norms, parental consent, or pregnancy do not justify denying girls access to courts, safety, and equal legal status.





IV. 

Conclusion



Child marriage, as practiced under current U.S. law, creates a class of individuals, married minors who are denied access to the legal rights and protections afforded to all other spouses. This violation of equal protection, due process, and gender equity under the Fourteenth Amendment renders child marriage laws unconstitutional.


Courts and lawmakers must recognize the urgent need to end this legal contradiction and bring U.S. law into alignment with both the Constitution and international human rights norms.


Below is rough draft of legislation that Kincaid will submit . If Kincaid runs and wins the election in 2026.


 Child Marriage Elimination Act of 2027

120th CONGRESS
1st Session

H. R. ____

IN THE HOUSE OF REPRESENTATIVES

[Date of introduction]

Mr. Kincaid of Washington introduced the following bill; which was referred to the Committee on the Judiciary and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To prohibit the marriage of individuals under the age of 18, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Child Marriage Elimination Act of 2027” or the “No Exceptions Act.”

SEC. 2. FINDINGS.

Congress finds the following:

  1. Marriage is a legal contract requiring informed consent and capacity, which minors under 18 are legally presumed not to possess.

  2. Despite this, many states allow individuals under 18 to marry under exceptions such as parental consent, judicial approval, or pregnancy, leading to forced or coerced marriages.

  3. These exceptions disproportionately affect girls and result in long-term harm including poverty, domestic violence, interrupted education, and lack of legal autonomy.

  4. Married minors are often denied access to divorce, domestic violence protections, or shelter services—rights and remedies afforded to adult spouses—constituting a violation of the Fourteenth Amendment’s Equal Protection and Due Process Clauses.

  5. A uniform national standard prohibiting child marriage is necessary to protect minors and enforce constitutional rights.

SEC. 3. NATIONAL MINIMUM MARRIAGE AGE.

(a) Prohibition.—
No individual may enter into a valid marriage in any state, territory, or possession of the United States, or under tribal jurisdiction recognized by federal law, unless that individual is at least 18 years of age at the time the marriage is solemnized.

(b) No Exceptions.—
Notwithstanding any other provision of law, no exception shall be granted to subsection (a) on the basis of—

  • (1) parental or guardian consent;

  • (2) judicial authorization;

  • (3) emancipation;

  • (4) pregnancy or childbirth; or

  • (5) any other circumstance.

SEC. 4. COMPLIANCE AND FUNDING CONDITIONS.

(a) State Compliance Requirement.—
As a condition of receiving federal funds under the programs listed in subsection (b), each state shall, within 12 months of the date of enactment of this Act, enact legislation establishing 18 as the minimum legal age of marriage without exception.

(b) Affected Programs.—
The federal programs subject to the compliance requirement in subsection (a) include:

  • (1) Grants under the Violence Against Women Act (VAWA);

  • (2) Maternal and Child Health Services Block Grant (Title V of the Social Security Act);

  • (3) Legal Assistance for Victims Grants;

  • (4) Title IV-E Foster Care and Adoption Assistance Program.

SEC. 5. CIVIL ENFORCEMENT AND REMEDIES.

(a) Civil Action.—
Any minor who is married in violation of this Act, or who is denied access to legal protections including divorce or shelter as a result of a marriage solemnized before the age of 18, shall have a cause of action under 42 U.S.C. § 1983 for the violation of constitutional rights.

(b) Department of Justice Oversight.—
The Attorney General shall monitor state compliance and submit annual reports to Congress on implementation, enforcement, and any violations of this Act.

SEC. 6. SEVERABILITY.

If any provision of this Act or its application to any person or circumstance is held invalid, the remainder of the Act and the application of the provisions to other persons or circumstances shall not be affected.

SEC. 7. EFFECTIVE DATE.

This Act shall take effect 180 days after the date of enactment.


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Janette was only 14, a southern California ninth grader, when she was introduced to the 21-year-old man who would soon become her husband. Her mother "would have him come over and sleep on the couch. I thought, 'Why is he here?' Next thing I know, I'm at his place," said Janette, now a 56-year-old activist working to end child marriage. "I know the truth now. She sold me."







Location: Bellevue, WA, USA

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