Child Marriage as Constitutional Violation

This article provides an in-depth analysis of the driving factors behind the continued existence of child marriage in the United States and the various legal and social ramifications of the practice. The author provides a statistical introduction to the current landscape of child marriage in the United States, and then identifies the key factors for marrying young, including financial considerations and social acceptance. Then, the legal and constitutional consequences for those forced into child marriages are assessed including the exemption from statutory rape, lack of emancipation, and lack of due process and fundamental rights. The article concludes with various avenues for eradicating child marriage such as greater responsibility/guidance for courts, less weight on parental consent, and law reform to raise minimum age requirements.