Wisconsin legislators aiming to ban child marriage in the state—no exceptions

Research shows definitively that child marriages have higher rates of exploitation and domestic violence, both in the US and globally. And still, there is currently no federal law that specifically governs child marriage in the US. That means individual states are left to make their own varying laws about this legal loophole. Now Wisconsin stands poised to join a small but growing list of states that have banned marriage for anyone under 18, no exceptions. 

The harm of child marriage 

Any marriage where one or both parties are under 18 is defined as child marriage. And in most places, including the US, children have limited to no legal rights. That means leaving the marriage or seeking legal protection in cases of abuse is almost impossible. 

One of the State Senators who introduced the bill in Wisconsin, Senator Mark Spreitzer, is quoted by Newsweek as saying:  

The data is clear: the marriages this bill would outlaw are overwhelmingly between minor children and adults, with the vast majority involving minor brides marrying adult men, and research shows that child marriages have higher rates of domestic violence.

Wherever you live, child marriage most often involves adult men marrying minor girls. And child marriages so easily become exploitative that the United Nations calls it a human rights violation, viewing them as inherently a form of forced marriage. Accordingly, advocate groups point to the lack of federal legislation and the existing patchwork of state laws as harmful to minors. Especially considering that if child marriage is illegal in one state, perpetrators can drive to another state where it remains legal.  

Third time’s the charm? 

The newly introduced bill would remove the exception currently in place in Wisconsin allowing children as young as 16 to marry with parental consent. If enacted, the new bill would ban marriage for minors, no exceptions. However, in 2019 and again in 2023 the same legislation was proposed. Tragically, it didn’t receive a Senate or Assembly committee hearing or a floor vote in either chamber. 

State Representative Ann Roe, a co-author of the bill, said:  

Banning child marriage in Wisconsin is long overdue – sixteen other states have already taken this important step. If passed, this bill will finally bring Wisconsin’s laws in line with today’s standards by ending an outdated and often exploitative loophole.  

So far 16 states and Washington, DC, as well as American Samoa and the US Virgin Islands, have ended child marriage by raising the legal age to marry to 18. Importantly, the Wisconsin bill would allow a married minor to file for legal separation or divorce on their own, currently not allowed. It also allows a person married as a minor to file for an annulment within 10 years of marriage. Protections much needed as currently married minors face a multiplicity of legal hurdles when seeking annulment, separation or divorce.  

State Representative Ann Roe stated: 

This bill will protect young people and give them the opportunity to build safe, healthy futures. I hope the majority party will take up this critical legislation this session. 

A committee hearing for the bill has not yet been set. Freedom United stands with legislators Roe and Spreitzer in calling for bi-partisan support to urgently pass this bill. Add your voice to ours and tell lawmakers everywhere it’s time to step up and protect children. It’s time to ban child marriage everywhere without exception.