California bans child marriage, a practice still legal in 32 US states
Thread
Loading the complete thread in the background. This saved snapshot is available now. Refresh
Unofficial Hacker News client; not affiliated with Y Combinator.
California bans child marriage, a practice still legal in 32 US states
Loading the complete thread in the background. This saved snapshot is available now. Refresh
Unofficial Hacker News client; not affiliated with Y Combinator.
toomuchtodo · · focus · HN ↗
djvu97 · · focus · HN ↗
ImPostingOnHN · · focus · HN ↗
NDlurker · · focus · HN ↗
NewJazz · · focus · HN ↗
AzzyHN · · focus · HN ↗
gedy · · focus · HN ↗
NewJazz · · focus · HN ↗
GeekyBear · · focus · HN ↗
socializer · · focus · HN ↗
Europe is now more or less consistently 18 for parental consent, but marriages at a younger age are still permitted across the EU with judicial consent.
rsynnott · · focus · HN ↗
I mean, are there any children who are citizens of the Vatican City, given its bizarre citizenship situation? (Citizenship is based, essentially, on _employment_, and lapses when employees retire; sole exception, AIUI, is retiring popes, who get a free pass.) I would suspect that this is a holdover from the Papal States (which bit the dust in 1870, when this sort of thing was more acceptable), which someone finally got around to cleaning up.
NewJazz · · focus · HN ↗
nine_k · · focus · HN ↗
I suspect that this norm lingers from times of stricter social norms and before the pill, when a marriage would be a way to avoid a scandal when the prospective bride were pregnant.
em-bee · · focus · HN ↗
kazinator · · focus · HN ↗
6 more are blue-leaning "purple": Arizona, Colorado, Georgia, Nevada, New Mexico and Wisconsin.
Only four are "blue": California (ban coming into effect 2027 as per article), Hawaii, Illinois, Maryland.
I don't understand why the ban cannot come into effect immediately. Like, wouldn't want to spoil someone's child marriage plans in the next year or so because it would be rude?
plandis · · focus · HN ↗
This is the default in Californias constitution:
> Except as provided in paragraphs (2) and (3) of this subdivision [Article 4, section 8], a statute enacted at a regular session shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute.
There are additional legislative hurdles to enact legislation faster than that.
malfist · · focus · HN ↗
Aeolun · · focus · HN ↗
malfist · · focus · HN ↗
kazinator · · focus · HN ↗
[deleted] · · focus · HN ↗
[deleted]
NewJazz · · focus · HN ↗
everybodyknows · · focus · HN ↗
walrus01 · · focus · HN ↗
Roll tide...... I guess....
sippingabonedry · · focus · HN ↗
The limit is 16 in Colorado and Illinois, 15 in Hawaii, and no limit in New Mexico.
Might want to update your notes.
walrus01 · · focus · HN ↗
sippingabonedry · · focus · HN ↗
Bizarrely, the map for cousin marriage is roughly the inverse of the age map, with it being permitted on most of the East coast, CA, CO, NM, AK, & HI.
walrus01 · · focus · HN ↗
I say this having discussed the phenomenon with friends who immigrated from Pakistan and all of whom have met first-cousin married couples that had one or more children with birth defects or mental disabilities that could very well have been the result of it.
sippingabonedry · · focus · HN ↗
[deleted] · · focus · HN ↗
[deleted]
tstrimple · · focus · HN ↗
kyleee · · focus · HN ↗
kspacewalk2 · · focus · HN ↗
avrong · · focus · HN ↗
zeroonetwothree · · focus · HN ↗
selcuka · · focus · HN ↗
teaearlgraycold · · focus · HN ↗
legitster · · focus · HN ↗
toomuchtodo · · focus · HN ↗
The Findings section has a long, detailed list of child marriage harm. In short, preventing marriage before 18 provides for immense harm reduction in the aggregate and improved odds of life success. I’d push the age to 21 if I could. Rental car companies always had it right to restrict rentals to <25 age cohort due to frontal lobe development timeline.
(The US allows student debt and military obligations at an age when this cohort is vulnerable to systemically exploit young people, these should not be used as examples imho)
<a href="https://pubmed.ncbi.nlm.nih.gov/31590741/" rel="nofollow">https://pubmed.ncbi.nlm.nih.gov/31590741/
<a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC3621648/" rel="nofollow">https://pmc.ncbi.nlm.nih.gov/articles/PMC3621648/
tstrimple · · focus · HN ↗
toomuchtodo · · focus · HN ↗
BobaFloutist · · focus · HN ↗
Honestly, if anything the gray area should work in the other direction: no entering into life -changing legally-binding contracts until you've had the full right to vote, work, and to self determination for...oh, let's say one to two years?
Plasmoid · · focus · HN ↗
jerkstate · · focus · HN ↗
NDlurker · · focus · HN ↗
[deleted] · · focus · HN ↗
[deleted]
john_strinlai · · focus · HN ↗
im not in support of under-18s getting married, but, what?
NDlurker · · focus · HN ↗
BobbyJo · · focus · HN ↗
john_strinlai · · focus · HN ↗
and, as far as i am aware, it requires judicial approval right now. presumably, if it were a case constituting statutory rape, it wouldn't be signed off.
this isn't about 9 year olds getting married to 30 year olds.
vigilantpuma · · focus · HN ↗
Statutory rape in California is sexual intercourse with anyone under 18. It’s a misdemeanor if the age difference is less than 3 years, but a felony if the adult is 21. So yes, a lot of these marriages would, in fact, constitute statutory rape.
That being said, the law makes an exception for married couples.
john_strinlai · · focus · HN ↗
okay, so we're back to marriage != rape.
vigilantpuma · · focus · HN ↗
belorn · · focus · HN ↗
em-bee · · focus · HN ↗
NDlurker · · focus · HN ↗
kazinator · · focus · HN ↗
tzs · · focus · HN ↗
If anyone is curious, the age of consent in the US is 18 in 11 states: Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, and Wisconsin.
It is 17 in 6: Colorado, Illinois, Louisiana, Missouri, New York, and Texas.
In the other 33, and also DC, it is 16.
It's interesting to compare to Europe. There it is:
Like the US the general marriage age is 18 in most of Europe, but several countries allow exceptions for 16-17 with parental or judicial consent.em-bee · · focus · HN ↗
vlyan · · focus · HN ↗
meanwhile in the real world, 60% of men under 30 are single vs 30% of women, because women overwhelmingly prefer older men and men overwhelmingly prefer younger women.
robocat · · focus · HN ↗
I'm not talking about older men here.
I'm saying that we need to be careful to avoid creating harm where there was none.
kazinator · · focus · HN ↗
robocat · · focus · HN ↗
Our "justice" and "health" systems in New Zealand can cause lifelong harm to kids by black-and-white following the rules (at best, because wisdom is difficult or caring is risky).
NDlurker · · focus · HN ↗
robocat · · focus · HN ↗
wallst07 · · focus · HN ↗
If you bucket all the marries this law would affect, the 50 year old marriage is a far outlier. Most of the marriage gaps for these minors are < 1-2yrs.
vigilantpuma · · focus · HN ↗
avazhi · · focus · HN ↗
It would be more accurate (but of course garner less headlines) to say California has made it unlawful for a minor to get married.
Also see the technical definition of child here: <a href="https://archive.org/details/mosbysdictionary09edunse/page/344/mode/2up?q=345" rel="nofollow">https://archive.org/details/mosbysdictionary09edunse/page/34...
This pits the developmental/medical definition against legal status. Nevertheless, under the technical definition a child is necessarily a minor but not every minor is a child.
Thus, saying that California banned minors from being married would cover both cases accurately and be less clickbait-worthy, while saying 'California bans child marriage' is not fully accurate because it doesn't convey the full extent of the ban (viz., minors).
lazyasciiart · · focus · HN ↗
avazhi · · focus · HN ↗
lazyasciiart · · focus · HN ↗
itslennysfault · · focus · HN ↗
> In the state, there had been no legal age to wed, allowing children to get married as long as their parents consent and a judge signs off on the nuptials.
I don't even think the headline was sensationalist.
avazhi · · focus · HN ↗
selcuka · · focus · HN ↗
Did you read the article? There was no minimum age before this bill, so yes, they banned child marriage (by all definitions of it).
> In the state, there had been no legal age to wed, allowing children to get married as long as their parents consent and a judge signs off on the nuptials.
wallst07 · · focus · HN ↗
You could say the same thing, "California bans babies from marriage" technically true but wrong in context.
selcuka · · focus · HN ↗
This is incorrect. According to UNICEF, "a child is any person under the age of 18." [1]
> California has made it unlawful for a minor to get married.
There was no minimum age limit in California before this bill.
[1] <a href="https://www.unicef.org/child-rights-convention/convention-text-childrens-version" rel="nofollow">https://www.unicef.org/child-rights-convention/convention-te...
dofm · · focus · HN ↗
In England and Wales, since 2022, the minimum age is 18. Previously it was 16 with parental consent, which is the situation in (the rather more religious) Northern Ireland.
In Scotland the age is 16 and parental consent is not required.
So, well into the 20th century young English couples would flee across the border and get married there; most famously at Gretna Green, a town just inside the border.
Scottish marriages involving English/Welsh people under 18 are now not legal.
skissane · · focus · HN ↗
My understanding is, they remain legal in Scotland, it is just the law in England and Wales no longer recognises them.
So people can still go to Scotland and get married as 16 or 17 year olds; it is just that when they return home to England or Wales, the local law no longer recognises that marriage as legally valid.
xvxvx · · focus · HN ↗
96% of children getting married were 16 or 17, and 85% of the adults marrying those children were 18-23. Not quite the horror show that campaigners push.
I agree that no one under 18 should be getting married, I just question their tactics.
porkshoe · · focus · HN ↗
Weird.
jacobolus · · focus · HN ↗
It's less clear that a marriage between a 17-year-old and a 16-year-old or between a 19-year-old and a 17-year-old is inherently problematic.
According to a news article from a few years ago, groups opposing a previous ban on child marriages in California included the ACLU (who claimed that it "unnecessarily and unduly intrudes on the fundamental right of marriage without sufficient cause") and Planned Parenthood (who said the law should "not impede on the reproductive rights of minors and their ability to decide what is best for them, their health and their lives").
anilgulecha · · focus · HN ↗
Marriage OK if (p1>18 && p2 > 18) || (p1>16 && p2 <20) || (p1>17 && p2 <22) ..
Marriage is a civil institution that provides social advantages, and waiting till 18 isn't really a burden for a 16 and 19yo that want to get married, and get those benefits.
tasuki · · focus · HN ↗
malfist · · focus · HN ↗
No one is saying it's common. They're saying it shouldn't happen at all.
porkshoe · · focus · HN ↗
I have news for you: you are going to be a shitty father.
It's clear that you don't respect women (or girls).
Grow the fuck up.
Aeolun · · focus · HN ↗
john_strinlai · · focus · HN ↗
nine_k · · focus · HN ↗
fragmede · · focus · HN ↗
anal_reactor · · focus · HN ↗
What I see is that we shelter kids from reality because they're just kids, then these kids grow up to be irresponsible adults, then in turn we create more rules about sheltering "young adults" from consequences.
Henchman21 · · focus · HN ↗
The thing you should be feeling now after reading that is shame.
cykros · · focus · HN ↗
Adulthood used to begin at 13 or so across the world. That didn't mean a 13 year old was going to run the tribe or anything, but then, a junior developer doesn't run the software company either at 25. But adulthood meant having responsibilities, obligations, and being expected to make your own decision. Our school system is designed very specifically to prevent this from happening.
Given that, it does sort of make sense that IF you're being subjected to that sort of psychological abuse, perhaps we can't expect you to be able to make responsible decisions. Those who can generally are the exception, not the rule.
Perhaps rather than drawing all these lines though, we should be seriously considering getting rid of a school system that was modeled off of the Prussian model, which the Nazis were known to enforce, and which is still the ONLY option even in modern day Germany, regardless of how much the parents want to or are capable of home schooling children.
owebmaster · · focus · HN ↗
ndsipa_pomu · · focus · HN ↗
Pretty much everywhere that is civilised sets a minimum age for marriage which is often close to or the same as legal adulthood and I fail to see why the U.S. doesn't do this. Why would you consider someone capable of making a huge decision such as marriage and yet not be considered old enough to vote or drink alcohol?
[deleted] · · focus · HN ↗
[deleted]
legitster · · focus · HN ↗
> There was also no mechanism for people under 18 to get divorced and many girls say they were trapped in abusive and predatory relationships.
Call me misguided, but I don't necessarily see 16 year old and 20 year getting married as equally problematic as the provided examples of 30+ year age gaps.
I think the real issue people are dancing around right now culturally is that these extreme age gap relationships are beginning to make everyone feel very uncomfortable. The difference between a 17 year old and and 18 year old doesn't make them feel less gross and exploitative.
BobbyJo · · focus · HN ↗
Aeolun · · focus · HN ↗
accountrequired · · focus · HN ↗
para_parolu · · focus · HN ↗
qwertytyyuu · · focus · HN ↗
Aeolun · · focus · HN ↗
vigilantpuma · · focus · HN ↗
You’re gonna be out of touch with your kids’ generation basically no matter what.
stnikolauswagne · · focus · HN ↗
I would not want 23 year old me raising a child, I was way too status and money obsessed then and could not provide my son with the model of what I personally deem a good man.
My wife had (too) young parents and it left lasting damage, they dragged her into interpersonal spats and their worries about money before she had the tools to properly process it.
Aeolun · · focus · HN ↗
stnikolauswagne · · focus · HN ↗
My Wifes parents on the other hand might not have grown up but on the other hand they would have divorced way sooner without a child forcing them to stay together
em-bee · · focus · HN ↗
stnikolauswagne · · focus · HN ↗
My Wife comes from a country where getting married and having kids before the age of 20 was very much the norm at the time, which led to a lot of people having children at a time where they were not ready for that responsibility.
em-bee · · focus · HN ↗
stnikolauswagne · · focus · HN ↗
unsnap_biceps · · focus · HN ↗
I believe generally most people do grow and mature over time. Sometimes it's not that obvious externally or even internally without reflection, but it's a natural part of aging IMHO.
john_strinlai · · focus · HN ↗
wallst07 · · focus · HN ↗
Having active grandparents around to pass down wisdom and share the load beats waiting until your late 30s or 40s just so you can afford to hand your kids off to expensive daycare.
Losing that family safety net is a one reason people are having fewer kids now, and I really doubt it’s making society any happier.
em-bee · · focus · HN ↗
vigilantpuma · · focus · HN ↗
em-bee · · focus · HN ↗
what works is that when people get married, many marry young and when they have children the grandparents are around and help as described. i haven't seen anyone with children where the grandparents were not around to help.
bryanlarsen · · focus · HN ↗
GeekyBear · · focus · HN ↗
[dead]
john_strinlai · · focus · HN ↗
an under-18 can not unilaterally decide to get sex change surgery in california.
GeekyBear · · focus · HN ↗
Should people who are still legally defined as children be allowed to make a decision on those?
john_strinlai · · focus · HN ↗
an under-18 can not unilaterally decide to go on puberty blockers either.
GeekyBear · · focus · HN ↗
Gender-affirming care includes medical treatments that help align a person’s physical characteristics with their gender identity. Care typically begins with therapy and may progress to puberty-blocking medicine and hormone treatments, and in rare cases for adolescents, surgeries.
<a href="https://www.pressdemocrat.com/2026/09/29/california-to-fund-gender-affirming-care-for-trans-youth-on-medi-cal/" rel="nofollow">https://www.pressdemocrat.com/2026/09/29/california-to-fund-...
john_strinlai · · focus · HN ↗
my comment was about you incorrectly saying minors can "decide that they want to have sex change surgery" (later changed to puberty blockers), which they cannot just decide to do.
GeekyBear · · focus · HN ↗
Parental consent is needed for both.
zzrrt · · focus · HN ↗
stackghost · · focus · HN ↗
I don’t think this is factually accurate.
Sex-reassignment surgery (or whatever we are calling it these days) requires parental consent in California if the person seeking it is a minor.
GeekyBear · · focus · HN ↗
So why shouldn't you be allowed to get married with parental consent in the same state?
I'm OK with a state deciding it either way, but I'm looking for a little consistency.
slg · · focus · HN ↗
If that's your true intent, what specific problem do you have with this surgery? If it's not with this specific surgery, what other types of surgery do you think we should ban for minors "for a little consistency"?
sippingabonedry · · focus · HN ↗
It's hard to reattach something once it's been removed.
One is permanently life-altering, while the other amounts to paperwork.
slg · · focus · HN ↗
I was responding to someone "looking for a little consistency", so I'm asking some questions in that same spirit.
wallst07 · · focus · HN ↗
For a minor:
Is Marriage a want or a need, same with cosmetic surgery, or gender changes.
stackghost · · focus · HN ↗
>I'm OK with a state deciding it either way, but I'm looking for a little consistency.
I'm not Californian, but in most democracies things default to "legal" until there's explicitly a law passed against it, or if a broad concept is already illegal then edge cases default to "illegal" until a specific exemption law is passed. In general, parental consent is required for all medical procedures performed on a minor, so I would hazard a guess that:
a) sex reassignment surgery on a minor falls under the broader category of "medical procedures you have to get parental consent for"
b) somebody was sufficiently bothered by the previous state of affairs with minors getting married that they passed a law against it, but no such explicit ban has been passed for minors seeking sex reassignment surgery.
To me that seems wholly consistent with basic common sense.
>I'm OK with a state deciding it either way, but I'm looking for a little consistency.
Why is consistency (parental consent vs not) in this matter this so important to you?
dabinat · · focus · HN ↗
Gender-reassignment surgery is more self-contained as it only involves one person.
wallst07 · · focus · HN ↗
Surgery is a little bit harder to rollback. There is still a power imbalance if you don't assume the parent is acting with best intentions.
jmyeet · · focus · HN ↗
1. When a minor marries someone of age, their spouse becomes their legal guardian until they become of age (or become emancipated, which is a difficult process generally). Why is that an issue? Well, in abuse situations, it can be incredibly hard for the minor to leave their spouse who is their legal guardian. It's not much different to runaway children being returned to their parents, even when their parents are the source of the abuse. Certain states are worse for this than others, so called "reunification states" where they will absolutely try and return you to your legal guardian unless there's clear and convincing evidence why they shouldn't;
2. A lot of child marriages happen so an adult can escape a statutory rape or rape charge as prosecutors don't tend to prosecute when it's a spouse. It should be noted that spousal rape only became a crime in all 50 states of the US around 2005 (IIRC) and this only really picked up steam around 1990 or so;
3. Because of this lack of power, it creates a whole host of other problems, such as exploitation to the point of trafficking.
Politically, preserving child marriage is a uniquely Republican issue [1].
[1]: <a href="https://www.rollingstone.com/politics/politics-features/republican-lawmakers-child-marriage-abortion-1235018777/" rel="nofollow">https://www.rollingstone.com/politics/politics-features/repu...
em-bee · · focus · HN ↗
that sounds totally wrong. not as in you are wrong, but as in this reality is bad. apparently, according to wikipedia at least in some US states, marriage automatically emancipates a minor, but not in massachusetts.
enoint · · focus · HN ↗
em-bee · · focus · HN ↗
em-bee · · focus · HN ↗
with the right culture and support there is nothing wrong with getting married early.
the problem comes from arranged marriages, especially if there is a large age difference.
instead of setting a minimum age, which does not help much, it should be easier to refuse, and even if agreed, it should be possible for anyone under say 25 to simply have a marriage annulled or a divorce if there are obvious problems (such as the age difference).
but if both are young, then marrying young has its benefits. the younger we are the more adaptable we are, and that helps to build a relationship and makes it easier to get along.
the idea that we should be fully matured adults before getting married doesn't actually work, because living together is part of the process of maturing, and the older you are the more difficult is it to develop certain skills and attitudes that you need for a successful marriage.
in china, people get married much earlier than in the west, but they also have strong family and social support for doing so.
NordStreamYacht · · focus · HN ↗
In some societies it's okay to marry 6-year-old girls.
Slightly more rational societies link it to puberty in the female. Indeed, their leaders have written entire books to justify such behaviour.
lesostep · · focus · HN ↗
What's disturbing about 16yo marrying 20yo is that in most cases the girl just moves from abusive household to another, now with additional risk of pregnancy (read: another 2 year of total dependence on the sole provider)
18yo is a good cut off not because everyone is suddenly smarter and know what's good and bad, but because by that age people have the ability to leave bad and go live on their own.
heliomattress · · focus · HN ↗
<a href="https://www.youtube.com/watch?v=JfGl8ieDdU8" rel="nofollow">https://www.youtube.com/watch?v=JfGl8ieDdU8
fmajid · · focus · HN ↗
<a href="https://wisconsinwatch.org/2026/06/wisconsin-child-marriage-law-parental-consent-legal-republican-democrat/" rel="nofollow">https://wisconsinwatch.org/2026/06/wisconsin-child-marriage-...
uchiha7itachi · · focus · HN ↗
hackeraccount · · focus · HN ↗
tartoran · · focus · HN ↗