Publication Date

Fall 2021

Document Type

Article

Abstract

Child marriages historically affect girls more so than boys. In fact, in 2010, the Center for Disease Control reported that for the preceding five-year period, 4% of teen girls and 1% of teen boys married before age eighteen. As a result, feminists have traditionally fought to police girls' chastity throughout time. However, further discussion of this is outside of the discussion of this paper. This paper will focus on the concern of "child brides," or minors under the age of eighteen.

At the heart of this child marriage problem are two concerns: 1) protection of the underage and immature minor who voluntarily chooses to marry another minor-an adult decision (although he or she may not yet be ready); and 2) protection of minors, particularly girls, from forced or coerced marriages – those marriages characterized as "legalized rape," where the child is married to a significantly older adult. Each of these two scenarios above reveals the dilemma faced by state legislatures. As the debate continues around the country, each state must reach its own conclusion as to how to resolve the child marriage problem within its borders. This Article acknowledges that the second scenario is most likely the more egregious problem produced by underage marriages laws and must be dealt with by the states. Child brides must be protected from "legalized rape," while mature brides, such as in the first scenario, should be allowed the freedom to marry men close to their age as long as it is an independent and educated decision. Therefore, Texas' 2017 law – with its two-step procedure-is the best policy for states to follow because it is the middle-ground approach and ensures that the child is protected.

Prior to 2017, Texas had a particularly large number of minors marrying before the age of eighteen. This Article examines how Texas resolved the child marriage epidemic in its state and argues that Texas' middle-ground approach is the best model to fix the nation's child marriage problem. Because Texas requires that child brides be emancipated before marriage – mature brides who have been previously determined to be ready to be adults – it should be a model that other states and, maybe the nation adopt with the addition of some minor changes. These changes should include restricting the age difference between the underage bride and her groom to be in compliance with local statutes. This Article contends that because the Texas emancipation process protects the child bride from legalized rape and provides the child with a voice in the marriage, it is a solution to the child bride problem.

Publication Title

University of Arkansas at Little Rock Law Review

Volume

44

Issue

1

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