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Commentary| Volume 69, ISSUE 6, SUPPLEMENT , S8-S10, December 2021

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Child Marriage in the United States: Prevalence and Implications

      While American foreign policy deems child marriage a “human rights abuse” and calls on other countries to eliminate it [
      U.S. State Department
      United States strategy to empower adolescent girls.
      ], many Americans remain unaware of the prevalence of child marriage in their own country [
      • Lawson D.W.
      • Lynes R.
      • Morris A.
      • Schaffnit S.B.
      What does the American public know about child marriage?.
      ]. One possible explanation for this lack of awareness is that previous studies of American child marriage have been stymied by inadequate recordkeeping.
      The present study was the first to use various estimation methods to fill the data gaps. We found that nearly 300,000 children married in the United States (U.S.) between 2000 and 2018.
      No central repository in the U.S. collects marriage-age data from all 50 states. Retrieving marriage-certificate data from each state individually and compiling the results is the best alternative, but not all states systematically track or make available these data.
      In 2017, I published Unchained At Last's findings on the number of children married in the U.S. between 2000 and 2010, calculated from 38 states' marriage-certificate data plus estimates for the other 12 states based solely on the correlation between each of the 38 states' population and number of children married [
      • Reiss F.
      Why can 12-year-olds still get married in the United States? Washington Post.
      ]. The Public Broadcasting Service's Frontline later expanded on this study, adding data through 2015 and for a few more states, but did not fill in the gaps left by missing or partial state data [
      • Tsui A.
      • Nolan D.
      • Amico C.
      Child marriage in America: By the numbers. PBS Frontline.
      ].
      For our latest study, Unchained partnered with Quest Research & Investigations, Kroll, Quantitative Analysis, and McGill University. We retrieved marriage-certificate data from 32 states that showed the age or age ranges of all individuals married each year between 2000 and 2018.
      For 10 other states and the District of Columbia, we used marriage-certificate data that were available for some or most of those years to project the numbers for the missing years. For two additional states (Nevada and Arizona), we retrieved full marriage-certificate data from one county or a pair of counties that represented at least two-thirds of the state population.
      To estimate the number of children married in the remaining six states and the remaining section of Nevada and Arizona, we looked for correlations between available marriage-age data in other states and variables in the American Community Survey, the U.S. Census Bureau's demographics survey program. We identified a strong correlation of .88 when we combined two American Community Survey variables: already-married individuals aged 15–17 years (they were married, divorced, widowed, or separated) and divorced or separated individuals aged 18–24 years.
      We found that some 297,033 children were married in the U.S. between 2000 and 2018: 232,474 based on marriage-certificate data plus 64,559 based on estimates (Table 1). A few children were as young as 10 years when they married, but of those for whom age information was available, nearly all—96%—were aged 16 or 17 years. Of those for whom age, gender, and spousal information was available, 78% were girls (under 18 years of age) wed to adult men (aged 18 years or older). The national number of children wed decreased each year—from 76,396 in 2000 to 2,493 in 2018 (Table 2)—but is unlikely to get to zero without legislative intervention.
      Table 1U.S. child marriage by state
      StateNumber of minors wed between 2000 and 2018 (actual + estimated)Per capita rate of child marriage 2000–2018 (actual + estimated)Ranking
      Nevada
      Data based partially or wholly on estimates.
      17,403.671%1
      Idaho5,160.338%2
      Arkansas8,458.295%3
      Kentucky11,251.262%4
      Oklahoma
      Data based partially or wholly on estimates.
      8,495.229%5
      Wyoming1,239.227%6
      Utah
      Data based partially or wholly on estimates.
      5,600.208%7
      Alabama9,166.195%8
      West Virginia3,532.193%9
      Mississippi5,360.182%10
      New Mexico
      Data based partially or wholly on estimates.
      3,593.180%11
      Texas
      Data based partially or wholly on estimates.
      41,774.169%12
      Tennessee9,783.156%13
      Arizona
      Data based partially or wholly on estimates.
      8,795.141%14
      North Carolina
      Data based partially or wholly on estimates.
      12,637.136%15
      Missouri8,007.135%16
      South Carolina5,443.120%17
      Alaska808.116%18
      Louisiana
      Data based partially or wholly on estimates.
      5,106.112%19
      Kansas3,028.107%20
      Georgia10,123.107%21
      Colorado5,316.107%22
      South Dakota809.100%23
      Virginia7,849.100%24
      Oregon
      Data based partially or wholly on estimates.
      3,591.095%25
      Florida17,274.093%26
      Indiana
      Data based partially or wholly on estimates.
      5,086.079%27
      Washington
      Data based partially or wholly on estimates.
      4,831.073%28
      Nebraska1,265.070%29
      California
      Data based partially or wholly on estimates.
      23,588.064%30
      Maine
      Data based partially or wholly on estimates.
      810.061%31
      Maryland3,469.061%32
      Hawaii795.059%33
      Illinois
      Data based partially or wholly on estimates.
      7,540.059%34
      Wisconsin2,985.053%35
      Michigan5,259.053%36
      Montana469.048%37
      Iowa1,356.045%38
      North Dakota306.045%39
      Vermont272.044%40
      Ohio4,995.043%41
      Connecticut1,203.034%42
      New Jersey2,225.025%43
      New York
      Data based partially or wholly on estimates.
      4,890.025%44
      Delaware219.025%45
      Pennsylvania
      Data based partially or wholly on estimates.
      3,052.024%46
      Minnesota
      Data based partially or wholly on estimates.
      1,118.021%47
      Massachusetts1,246.019%48
      Rhode Island
      Data based partially or wholly on estimates.
      171.016%49
      New Hampshire206.016%50
      District of Columbia
      Data based partially or wholly on estimates.
      77.013%51
      Total297,033
      a Data based partially or wholly on estimates.
      Table 2U.S. child marriage by year
      YearMinors wed (actual + estimated)
      200076,396
      200135,809
      200220,542
      200318,867
      200417,033
      200516,871
      200614,191
      200712,710
      200811,421
      200910,325
      20109,102
      201122,361
      20126,962
      20135,933
      20144,943
      20154,275
      20163,695
      20173,104
      20182,493
      Total297,033
      The 232,474 is almost certainly an undercount because of data anomalies and gaps. For example, one state withheld all counts less than 10 (such as if nine 17-year-olds married 20-year-olds one year), potentially hiding thousands of additional child marriages, and another state acknowledged it had randomly and irretrievably deleted data on children married before the age of 15 years in most years.
      Unlike in countries such as India where child marriage persists despite laws to prevent it, the problem in the U.S. is the laws themselves. Marriage before 18 years of age remains legal in 44 of 50 U.S. states, and the six states and three territories that have banned child marriage did so only in the last 3 years [
      Delaware. HB337.
      ,
      New Jersey. S427.
      ,

      Marriage Licenses, Rhode Island, RI H5387, 15-2-11. 2021.

      ,
      U.S. Virgin Islands. Bill No. 33-109.
      , ,
      Minnesota. HF745.
      ,
      Puerto Rico. PC1654.
      ,
      ,

      New York. S3086. Available at: https://www.nysenate.gov/legislation/bills/2021/s3086. Accessed July 22, 2021.

      ].
      Child marriage is as damaging in the U.S. as it is across the globe. Minors—even highly mature 17-year-olds—have limited legal rights and therefore can easily be forced into marriage or forced to stay in an unwanted marriage [
      • Reiss F.
      Why can 12-year-olds still get married in the United States? Washington Post.
      ]. Furthermore, the devastating impacts of child marriage in the U.S. make it as much a “human rights abuse” as anywhere else. Girls in the U.S. who marry in their teens are more likely to drop out of high school, never graduate from college, and end up living in poverty [
      • Dahl G.B.
      Early teen marriage and future poverty.
      ], and they are at greater risk of psychiatric disorders [
      • Le Strat Y.
      • Dubertret C.
      • Le Foll B.
      Child marriage in the United States and its association with mental health in women.
      ].
      Child marriage also undermines statutory rape laws. A forthcoming study using our data set shows at least 34,943–40,224 marriages since 2000 occurred at an age or with a spousal age difference that should have constituted a sex crime under the relevant state's law [

      Koski A, Van Roost K, Horn M. Child marriage or statutory rape? J Adolesc Health. doi: 10.1016/j.jadohealth.2021.10.023.

      ].
      In about 80% of those marriages, sex between the parties became legal with the issuance of the marriage license under state law that specifically allowed sex within marriage what would otherwise be considered statutory rape. Each of those marriage licenses became a “get out of jail free” card. In the other 20% of those cases, the marriage was legal under state law, but sex within the marriage was a crime. With each of those marriage licenses, the state sent a child home to be raped.
      These numbers, too, are almost certainly an undercount, because many states did not provide enough data for the analysis. California, for example, did not provide any marriage-age data and therefore was excluded from the analysis, but 100% of the 23,588 children we estimated were married there between 2000 and 2018 could have been included. Sex with anyone younger than 18 years is considered rape in California unless the perpetrator first marries the child [].
      The world cannot keep its promise to end child marriage by year 2030 [
      United Nations Sustainable Development Goal 5.3: Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation.
      ] if we continue to ignore the hundreds of thousands of children marrying in the U.S. Every U.S. state and territory must pass legislation to do what we demand from the rest of the world: End child marriage.

      Acknowledgments

      Partners for this study included Quest Research & Investigations, Kroll, Quantitative Analysis, and McGill University.

      References

        • U.S. State Department
        United States strategy to empower adolescent girls.
        (Available at:)
        • Lawson D.W.
        • Lynes R.
        • Morris A.
        • Schaffnit S.B.
        What does the American public know about child marriage?.
        PLoS One. 2020; 15: e0238346
        • Reiss F.
        Why can 12-year-olds still get married in the United States? Washington Post.
        (Available at:)
        • Tsui A.
        • Nolan D.
        • Amico C.
        Child marriage in America: By the numbers. PBS Frontline.
        (Available at:)
        http://apps.frontline.org/child-marriage-by-the-numbers
        Date: 2017
        Date accessed: August 19, 2021
      1. Delaware. HB337.
        (Available at:)
        https://legis.delaware.gov/BillDetail?LegislationId=26363
        Date: 2018
        Date accessed: February 27, 2021
      2. New Jersey. S427.
        (Available at:)
        https://www.njleg.state.nj.us/2018/Bills/AL18/42_.HTM
        Date: 2018
        Date accessed: February 27, 2021
      3. Marriage Licenses, Rhode Island, RI H5387, 15-2-11. 2021.

      4. U.S. Virgin Islands. Bill No. 33-109.
        (Available at:)
        https://www.legvi.org/billtracking/Detail.aspx?docentry=27003
        Date: 2020
        Date accessed: February 27, 2021
      5. Pennsylvania. HB360.
        (Available at:)
      6. Minnesota. HF745.
        (Available at:)
      7. Puerto Rico. PC1654.
        (Available at:)
        https://sutra.oslpr.org/osl/esutra/MedidaReg.aspx?rid=124126
        Date: 2020
        Date accessed: February 27, 2021
      8. Rhode Island. H5387. 2021 (No direct link available)
      9. New York. S3086. Available at: https://www.nysenate.gov/legislation/bills/2021/s3086. Accessed July 22, 2021.

        • Dahl G.B.
        Early teen marriage and future poverty.
        Demography. 2010; 47: 689-718
        • Le Strat Y.
        • Dubertret C.
        • Le Foll B.
        Child marriage in the United States and its association with mental health in women.
        Pediatrics. 2011; 128: 524-530
      10. Koski A, Van Roost K, Horn M. Child marriage or statutory rape? J Adolesc Health. doi: 10.1016/j.jadohealth.2021.10.023.

      11. California Penal Code § 261.5.
        (Available at:)
      12. United Nations Sustainable Development Goal 5.3: Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation.
        (Available at:)
        https://sdgs.un.org/goals/goal5
        Date accessed: August 19, 2021