Marriage age in the United States

The minimum marriage age requirements of 12 years old for females and 14 years old for males were written into English civil law. By default, these provisions became the minimum marriage ages in colonial America.[3] In England, the Marriage Act 1753 required a marriage to be covered by a license (requiring parental consent for those under 21) or the publication of banns (which parents of those under 21 could forbid). Additionally, the Church of England dictated that both the bride and groom must be at least 21 years of age to marry without the consent of their families.

In 1275, in England, as part of the rape law, the Statute of Westminster 1275, made it a misdemeanor to "ravish" a "maiden within age", whether with or without her consent. The phrase "within age" was interpreted by jurist Sir Edward Coke as meaning the age of marriage, which at the time was 12 years old.[4] A 1576 law was created with more severe punishments for ravishing a girl for which the age of consent was set at 10 years old.[5] Jurist Sir Matthew Hale stated that both rape laws were valid at the same time.[6] Under English common law the age of consent, apart of the law of rape, was 10 or 12 years old and rape was defined as forceful sexual intercourse with a woman against her will. To convict a man of rape, both force and lack of consent had to be proven, except in the case of a girl who is under the age of consent. Since the age of consent applied in all circumstances, not just in physical assaults, the law also made it impossible for an underage girl (under 12 years old) to consent to sexual activity. There was one exception: a man's acts with his wife (females over 12 years old), to which rape law did not apply.[7]

English common law inherited from the British remained in force in America unless a specific state law was enacted to replace them. In the United States, as in most developed countries, age restrictions have been revised upward so that they are now between 15 and 21 years of age.[3]

There are two sets of laws specifying minimum age requirements for marriage. The first is the minimum age with parental (or court) consent, while the other is the minimum age without parental consent. There is little variation over time or across states in the laws without parental consent.[3]

In states without a legislated minimum, common law (which specifies a minimum of 12 years) prevails; the estimated effect of a common law is similar to a legislated minimum of 13 or less[8] (Massachusetts has the lowest legislated minimum in any of the 50 states, of 12 years old[9] ). In California, a person under 18 years old can marry with parental consent but judicial approval is also required. California Civil Code (1872) "Males of the age of 18 years old and older and females of the age of 15 years old and older are capable of consenting to and consummating marriage." Section 56 of the California Civil Code (1872) fixed 15 as the age at which a female could marry without parental consent and in 1921 the age was raised to 18.[10]

In Delaware, the age of consent was 10 years old until 1871 when it was lowered to 7 years old. The age of consent in question has to do with the law of rape and not the law of marriage as sometimes misunderstood. Under the 1871 law, a man was given the death penalty for sex with a girl below the age of consent.[7]

In 1880, 37 states had an age of consent of 10 years, 10 states had an age of consent at 12 years, and Delaware had an age of consent of 7 years.[11][12][13]

In California, early statutes forbid sexual intercourse with females under the age [25 Cal. 3d 618] of 10, following the English statute of 1576. In 1889, the California statute was amended to make the age 14 (Stats. 1889, ch. 191, § 1, p. 223.) and the age was raised to 16 in 1897 (Stats. 1897, ch. 139, § 1, p. 201.).[14]

In the late-19th century, a "social purity movement" composed of Christian feminist reform groups began advocating a raise in the age of consent to 16, with the goal of raising it ultimately to 18. By 1920, 26 states had an age of consent at 16, 21 states had an age of consent at 18, and one state (Georgia) had an age of consent at 14.[15]

Alaska was bought from the Russians and became the 49th state of U.S. in 1959. The age of consent was 16 years old. Hawaii became the 50th state of U.S. in 1959. The age of consent was 14 years old.

Two final states legislating their ages of consent into the 15–18 range were Georgia and Hawaii, from 14 to 16, raised in 1995 and 2001, respectively. One state (Colorado) had the age of consent at 15, having been lowered from 18 years old because age of majority was lowered from 21 years old to 18 years old in 1971.

In 2007, the age of consent was 18 years old in California and the age of consent was 16 years old in Massachusetts.[16]

As of August 1, 2018, the age of consent in each state in the United States was either 16 years of age, 17 years of age, or 18 years of age.[17]

In California, the age of consent is 18 years old and in Massachusetts, the age of consent is 16 years old.[18]

Every state except Delaware, Pennsylvania, Minnesota, West Virginia and New Jersey allows a person under 18 years old to marry:

If one or more of the following apply:

• consent of the parents or legal guardians of the minor
• consent of a court clerk or judge
• if the minor is emancipated.

Or in exceptional circumstances if one or more of the following circumstances apply:

• consent of a superior court judge, rather than a local judge, is required
• if one of the parties is pregnant
• if the minor has given birth to a child

In 9 states, a person over 21 years old can not marry a person under 18 years old. Missouri, Arizona, Colorado, Idaho, Indiana, Louisiana, Nevada, Ohio, and Tennessee.

Minimum age in 50 states:[19]

• 1 state has a minimum age of 12 years old for females and 14 years old for males:[20][21]Massachusetts
• 1 state has a minimum age of 15 for females and 17 for males:[20][21]Mississippi
• 4 states have a minimum age of 15. Hawaii, Kansas, Maryland, and Utah.
• 27 states have a minimum age of 16.
• 11 states have a minimum age of 17.
• 5 states have a minimum age of 18, which is the same as the general age: Delaware, Minnesota, New Jersey, Pennsylvania, and West Virginia.

From 2017[22][23] to 2019[24][25][26][27][28][29][30][31] several states changed their law to set a minimum age, or to raise their minimum age.

In Massachusetts the general marriage age is 18, but adolescents may be married with judicial consent. Unlike many other states,[1] in Massachusetts an adolescent's marriage does not automatically emancipate the minor, or increase his or her legal rights beyond allowing the minor to consent to certain medical treatments.[2]

Puerto Rico is a territory of the United States, and its people are American citizens. In Puerto Rico the general marriage age is 21 as that is the age of majority. The general marriage age in Puerto Rico is 21, however males aged 18 and females aged 16 can marry with exceptions.[32] In Guam, the general age is 18, but 16-year-olds can get married with the consent of at least one parent or guardian.[33] In American Samoa, since September 2018, the marriage age has been 18 for both sexes. Previously, the marriage age for females was 14.[34] American Samoa does not allow underage marriages. In the District of Columbia the general age is 18, but 16-year-olds may marry with exceptions.[32] In the U.S. Virgin Islands the marriage age is 14 for females and 16 for males.[35] In the Northern Mariana Islands males must be 18 to marry, while females can marry at 16 with parental consent.[36]