Addressing Legal Loopholes to Prevent Child Marriages in San Francisco County and Other Counties in California

Child marriage, defined as the union of at least one person under the age of 18, remains a pressing issue in the United States despite modern legal standards. In California alone, an estimated 23,588 children were married between 2000 and 2018, with most cases involving young girls marrying significantly older men (Unchained At Last, 2021). Child marriage often leads to increased risks for minors, including sexual exploitation, poverty, and limited educational opportunities. This study focuses on the legal loopholes in California that continue to allow child marriages despite the state’s legal age of consent being 18. These loopholes permit exceptions for minors to marry with parental consent or judicial approval, inadvertently supporting a system that places young individuals at risk. This research evaluates public perceptions of child marriage legislation through a survey of 125 residents of California and interviews that provide qualitative insights. The findings indicate strong public support for legal reforms, particularly for amending Family Code Section 302 to establish a minimum marriage age of 18 without exceptions. The study's Theory of Change posits that closing these legal loopholes could reduce child marriage rates by 80%, decrease child exploitation by 50%, and alleviate the social and economic consequences faced by child brides. Quantitative results strongly support these hypotheses; however, qualitative findings suggest that additional measures, such as public education and enforcement mechanisms, are also essential. The study concludes with recommendations for policy reform and further research on the socioeconomic impact of child marriage in California.

Publication Details

Journal
eYLS (Yale Law School)
Published
2024-10-26
Primary Topic
Family Dynamics and Relationships
Type
article
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article

Addressing Legal Loopholes to Prevent Child Marriages in San Francisco County and Other Counties in California

eYLS (Yale Law School)
Family Dynamics and Relationships
article

Addressing Legal Loopholes to Prevent Child Marriages in San Francisco County and Other Counties in California

article en

Abstract

Child marriage, defined as the union of at least one person under the age of 18, remains a pressing issue in the United States despite modern legal standards. In California alone, an estimated 23,588 children were married between 2000 and 2018, with most cases involving young girls marrying significantly older men (Unchained At Last, 2021). Child marriage often leads to increased risks for minors, including sexual exploitation, poverty, and limited educational opportunities. This study focuses on the legal loopholes in California that continue to allow child marriages despite the state’s legal age of consent being 18. These loopholes permit exceptions for minors to marry with parental consent or judicial approval, inadvertently supporting a system that places young individuals at risk. This research evaluates public perceptions of child marriage legislation through a survey of 125 residents of California and interviews that provide qualitative insights. The findings indicate strong public support for legal reforms, particularly for amending Family Code Section 302 to establish a minimum marriage age of 18 without exceptions. The study's Theory of Change posits that closing these legal loopholes could reduce child marriage rates by 80%, decrease child exploitation by 50%, and alleviate the social and economic consequences faced by child brides. Quantitative results strongly support these hypotheses; however, qualitative findings suggest that additional measures, such as public education and enforcement mechanisms, are also essential. The study concludes with recommendations for policy reform and further research on the socioeconomic impact of child marriage in California.

eYLS (Yale Law School)
Gender equality
Openalex Percentile: Top 27%
Family Dynamics and Relationships
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Addressing Legal Loopholes to Prevent Child Marriages in San Francisco County and Other Counties in California · eYLS (Yale Law School) (2024) | TGRS Research Map | TGRS