Assemblywoman Addie A.E. Jenne announced that legislation she cosponsored to outlaw child marriages in New York State by raising the minimum age for marriage to 18 – or 17 with judicial consent (A.5524-B) - passed the state Assembly on Thursday.
"This is simple common sense. If a teenager isn’t old enough to have a credit card, sign a lease for housing or hire an attorney, it makes no sense for that same teen to be permitted to enter a marriage contract," Assemblywoman Jenne said.
"The time has come to make our marriage law consistent with criminal law and contract law," she stressed.
The Assembly’s legislation takes critical steps by abolishing any possibility of marriage for 14-, 15- and 16-year-olds. It would require court approval, pursuant to specified guidelines, under which a judge must consider specific factors, such as the existence of any undue power imbalance and the existence of domestic violence, prior to permitting a 17-year-old to marry.
Shockingly, child marriage is not an uncommon occurrence, according to Assemblywoman Jenne. Between 2000 and 2010, nearly 3,900 child marriages took place in New York and, of those, 40 involved 14- and 15-year-olds.
Nearly 85 percent of those marriages involved minor females marrying adult males.
The Health Department indicated between 2010 and 2014 there were 25 marriages in Jefferson County and 10 marriages in St. Lawrence County with a spouse under 18 years of age.
Assemblywoman Jenne said the legislation she cosponsored also addresses concerns about forced marriages of young teens.
Coercion, bullying, ostracism and beatings have sometimes been used to force children to marry against their will.
These types of marriages come with a host of known issues and can have a lifetime of consequences. Females who marry as children may have fewer opportunities to pursue an education.
In addition, young women who are married before 18 are three times more likely to be beaten by their spouse than women who marry at 21 or older. Most domestic violence shelters cannot accept unaccompanied minors under the age of 18, potentially trapping children in violent situations, Assemblywoman Jenne said.
A survey by the Tahirih Justice Center identified 3,000 known or suspected cases of forced marriage in the United States between 2009 to 2011, many of which involved girls under age 18.
Child advocates say in those cases parents often force their children into marriages, citing reasons such as protecting "family honor," controlling the child's behavior and/or sexuality, and enhancing the family's status.
"This is a human rights issue. We know that marriage by a person under the age of 18 undermines health, education and economic opportunities and increases their likelihood of experiencing violence. The state should not be sanctioning a practice that we know makes it less likely a student will complete their schooling and more likely they will live in poverty," Assemblywoman Jenne said.
"The statistics show us many of these marriages are between young females and much older men. There's a balance of power issue since the young teenager is unable to legally sign a contract with an attorney even though judicial intervention is necessary to end a marriage. We also know these balance of power issues can contribute to domestic violence issues as well," according to the assemblywoman.
Assemblywoman Jenne said it is well past time to change the archaic law that currently remains on the books in New York State.
She said a major focus of her work in Albany is fighting to ensure children in the North Country and around the state get a get a good education, have a safe place to live and never go hungry.
"The legislation we passed in the Assembly today is part of that same fight. Child marriage is wrong and goes against everything we do to give children an opportunity for a bright future. It has to end now," Assemblywoman Jenne said.