California Launches Campaign to Prohibit Underage Marriages

On the steps of the state Capitol, a powerful and visually striking protest took place. Survivors of forced and child marriages, dressed in white bridal gowns and veils, stood united with their wrists chained together and their mouths taped shut. Their message was clear: California must take action to outlaw child brides and put an end to this human rights abuse.

One survivor, Pat Abatemarco, shared her harrowing story of being coerced into marriage at the age of 14 by her parents, to a 27-year-old pedophile who had been abusing her for years. She escaped the marriage with her daughter, thanks to the help of a social worker. Abatemarco’s story is just one example of the gender-based violence, educational abandonment, and family estrangement that survivors of forced marriages endure.

The protest, organized by Unchained At Last, a national advocacy nonprofit, aimed to launch a campaign for a law that would finally end child marriage in California. Fraidy Reiss, a forced marriage survivor who founded Unchained At Last, emphasized the need for legislators to witness the reality of forced marriages by showing them the “life looks like for those who are forced into marriage.”

Currently, California is one of seven states that does not have a minimum age requirement for marriage. While individuals must be 18 to get a divorce, there is no minimum age as long as a parent or guardian consents and a court grants permission. Assemblymember Cottie Petrie-Norris plans to introduce legislation in the coming year to change this. She stated that although California is often seen as progressive, it is failing in its approach to child marriage.

This isn’t the first time there has been an attempt to ban child marriage in California. In 2017, the state was on track to be the first to pass a complete ban on marriages for individuals under 18. However, opposition from organizations like the American Civil Liberties Union, the Children’s Law Center, and Planned Parenthood led to a watered-down version of the bill that included some safeguards for child marriage. The ACLU argued that the bill violated the fundamental rights of marriage without sufficient cause, while the Children’s Law Center claimed that some minors chose to marry for positive reasons that aligned with their goals.

However, research overwhelmingly contradicts the claims made by the Children’s Law Center. A review conducted by the International Center for Research on Women found that married girls are more likely to experience negative outcomes such as dropping out of school, living in poverty, and being at higher risk for health issues like diabetes and cancer. Fraidy Reiss argues that it’s not a matter of maturity but rather the rights of adulthood that individuals gain when they turn 18, which includes the ability to leave home, access a domestic violence shelter, or take legal action.

Forced marriage is recognized as a human rights abuse by the U.S. State Department and a form of modern slavery by the International Labor Organization. The fact that child marriage remains legal in California, a country that considers it a human rights abuse abroad, is deeply concerning. Petrie-Norris is committed to ending this abuse and ensuring that no child is forced into marriage.

Under current California law, having sex with someone under the age of 18 who is not married is considered statutory rape. The severity of the crime depends on the age difference between the individuals. In 2018, a law was passed that required judges and Family Court Services to interview both parties to a marriage, as well as a guardian, to ensure that coercion, child abuse, and trafficking weren’t taking place. The law also mandated that local registrars report the number of marriage certificates issued to minors. However, Unchained At Last claims that many registrars are not accurately tracking child marriages, resulting in a significant discrepancy between reported numbers and the reality.

Several states have already taken action to ban child marriage without exceptions, setting the minimum marriage age at 18. Michigan’s Legislature recently voted to join these states. Protestors and advocates hope that California will become the eleventh state to implement such a ban. However, a bill in the current session has already been weakened, focusing on addressing underage marriages conducted through spiritual ceremonies that are not legally recognized.

While some argue that any form of minor marriage is concerning, supporters of the weakened bill contend that California already has measures in place to protect children. The bill’s author, Sen. Aisha Wahab, acknowledges the need to address situations where a third party arranges or officiates an underground marriage between a minor and another person. The amended bill would make it a misdemeanor to knowingly sanction a religious or unauthorized secular union between a minor and another person.

However, Unchained At Last believes that the amended bill fails to address the core issue and calls for a minimum marriage age of 18. The protest held on Thursday was the beginning of a coalition-building effort in California. Unchained At Last plans to engage in individual discussions with legislators to advocate for a law that will put an end to child marriage.

Fraidy Reiss highlights that ending child marriage in California is an achievable goal that can be realized this year. Unlike other human rights abuses that may take generations to eliminate, child marriage is a problem that can be solved in our lifetime. The voices of survivors and advocates must be heard, and urgent action is needed to protect vulnerable children from forced and child marriages.

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