Imagine a scenario where a girl requires her mother's permission for a school trip but can become a wife without meaningful consent. It's surprising to see that in sunny California, which prides itself on being progressive, this outdated marriage law still exists while others have moved forward.
Once the marriage certificate is signed, it even affects legal protections, like the ability to prosecute an adult spouse for statutory rape. That contradiction sits at the heart of a battle now playing out in Sacramento, where survivors and lawmakers are demanding, again, that California finally set a minimum marriage age of 18.
Lagging Behind on Child Marriage
California considers itself a progressive state, but it is falling behind on this issue. Only 16 states and Washington, D.C. completely ban marriage under 18. California is one of only four states with no minimum age limit at all—unlike states like Oklahoma and Missouri, which have already closed this gap. Census data shows that about 8,789 California minors aged 15 to 17 were married in 2021 alone, mostly young girls marrying much older men.
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One survivor who married at 16 captured the absurdity online: she was too young to drive, yet legally a wife sitting in high school classes.
Twenty-one years later, she and her husband actively campaigned to end child marriage. They argue teenagers need safe, legal ways to gain independence, not a marriage license.
The 'Get Out of Jail Free' Card
Having sex with a minor in California is a crime. However, if the adult marries the child first, they avoid criminal charges.
As Fraidy Reiss, founder of Unchained at Last, points out, marriage doesn't just make it harder to prosecute an abuser; It destroys the legal case against them.
@huffpost Replying to @HuffPost Fraidy Reiss is a forced marriage survivor turned activist. She is the founder and executive director of Unchained At Last, a survivor-led nonprofit organization working to end forced and child marriage in the U.S. through direct services and systems change. Link in bio for more. 🔗 #ForcedMarriage #SA #HealingJourney #SASurvivor #Nonprofit #Storytime #HuffPostPersonal
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Why the Bill Keeps Failing
The biggest pushback comes from an unexpected place. Groups like the ACLU of California and Planned Parenthood oppose a total ban. They worry that taking away marriage as an option might trap teenagers in abusive homes with no way out, cutting them off from legal rights or support services. Opponents of child marriage argue the exact opposite: that predators use this loophole to control and abuse young people.
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This disagreement stopped progress in 2024. Assemblymember Ash Kalra wanted to lower the minimum age to 16 instead of 18. The bill's author, Cottie Petrie-Norris, refused to lower the standard, which ultimately killed the bill, even though over 30 lawmakers from both parties supported it.
Where Things Stand Now
A new bill by Assemblymember Gail Pellerin would ban under-18 marriage completely, with no exceptions for parental permission or judge approval. It passed its first major committee hurdle on June 30 and now moves toward a full vote. Senator Aisha Wahab is also preparing a backup bill if this attempt fails.
Survivors have protested at the State Capitol wearing wedding dresses and dragging chains. Among them is Brittany Bee, who was forced to marry a 24-year-old church member when she was 17 and still lives with the trauma.
The core argument remains unchanged: if a child isn't legally allowed to get a tattoo, why is she allowed to marry a husband, and how long will lawmakers wait to fix it?
