California Bans Child Marriage: Governor Newsom's New Law

Law and Government Society

Oct 1, 2026 · 4 min read

California Bans Child Marriage: Governor Newsom's New Law

California has officially banned marriage for anyone under 18, shutting down a loophole that previously allowed minors to wed with parental or judicial consent. The move comes after years of advocacy highlighting the dangers of child marriage.

California has taken a monumental step to protect minors by becoming the first state to fully outlaw child marriage. This legislative triumph means no one under 18 can obtain a marriage license in the Golden State. Governor Gavin Newsom has signed a bill into law effective January 1, 2023.

Solemn Vows No Longer Allowed for Minors

The new law does not make exceptions for judicial approvals or parental consent, making marriage null and void if performed with someone under 18. The law's scope is clear, with no minors able to marry other minors or adults. The Guardian reports that the law states the minimum legal age for marriage in California will now match other provisions by setting it at 18, the age the state considers an adult. The law was part of a broader effort to protect minors from forced or abusive marriages.

The Wide Net of Reform

The stunning move is another step for the #NoMinorsMarry movement. It is part of a national trend toward eliminating child marriage. Advocates assert that the ban will protect minors from human trafficking and reduce instances of sexual violence. The United States is the country with the highest number of child marriages. Thirty-three states have regulations that allow children to marry at some level, and 3,000 minors got permission to do so in the state of California during the past five years, according to statistics cited by CBS News. In California, "Romero-Koepke Rth & Assoc." cites an example of a woman who was married at age 15 to a man who was 33. She describes the abduction, the sexual assault, and the beatings. The control over her life by the abuser was so profound that she was not allowed to work or have a driver’s license. The new law aims to prevent such cases.

### The Concept of Minors and Marriage

In California, minors can attend school, drive, and work but not marry. Although marriage is an adult contract, traditionally, minors still have the option to engage in marriage through “exceptional circumstances.” However, this option is no longer available. In a broad overview, the new regulation focuses on preempting the major societal complications of child marriage. Minors are vulnerable to exploitation in such arrangements. They are more likely to experience domestic abuse, financial dependence, and lower levels of educational attainment. In the United States, girls are more likely to be pushed into marriage with older men, This is often a means of control, trafficking, or rape. Each year, the United States has married an estimated 100,000 minors to adults, according to the non-profit organization Unchained At Last. In the United States, 48 states have laws permitting or requiring parental/guardian consent to marry as a minor. Because of these laws, minors can marry someone much older than them. Some states in the United States also allow a judge to authorize a minor to marry in specific situations. However, efforts to overhaul these laws have failed repeatedly.

### A Brief History of Child Marriage

Child marriage has long-standing roots, intertwined with religious and cultural practices. The oldest recorded marriage of a child was between a 9 and 10 year old girl to a 15-year-old man in 1290 BC. In today’s world, two central points on the controversy have emerged. The first is the question of autonomy, and the second is the definition of child. Both issues remain points of contention. The age of consent and marriage vary from state to state and are a matter of ongoing debate. In the United States, there was no federal law against child marriage until SB 273 passed in 1981, the year that North Dakota became the last state to abolish child marriage.

### Political Motives

The legislation signed by Governor Newsom gained traction from public momentum. The ban on child marriage was a part of his broader legislative agenda, which also includes bills against human trafficking and sexual assault. Newsom's decision to fast-track the approval process for the legislation reflects great public support for it. Campaigns driven by grassroots efforts and organizations have been rallying against child marriage for a long time.

How to Support the Ban Movement

Here's a concrete way to join a movement for justice. Reach out to your local representative about supporting or sponsoring regulations against child marriage, consider writing an article about the injustice of Child Marriage, and seek out ways to petition the government that children can be protected from abuse, abuse that is perpetuated through marriage.

Making Marriage a Choice for Adults

The state's action marks a significant stride toward safeguarding youth and promoting autonomy, justice, and equal human rights. The void left by the ban on child marriage gives California a chance to establish better life conditions for children. This move will give children the opportunity to live their life on their terms.

Questions readers ask

What exactly is considered a minor in California now for the purposes of marriage?

With the new law, anyone under 18 is considered a minor and is prohibited from marrying in California. This means that both minors under 18 cannot marry other minors or adults. This is the age that the state considers an adult.

How does California’s new law compare to laws in other states?

California is the first state to completely outlaw marriage for those under 18, without any exceptions for parental or judicial consent. In contrast, 48 other states have laws permitting or requiring parental/guardian consent to marry as a minor, and some states allow judges to authorize such marriages under certain conditions.

What specific dangers does the new law aim to prevent?

The law is designed to protect minors from a range of dangers, including forced or abusive marriages, human trafficking, and sexual violence. By setting the minimum age for marriage at 18, California hopes to reduce instances of these harmful practices.

What are the broader implications of this law for the rest of the country?

The move by California is seen as a significant step in the national effort to eliminate child marriage. Advocates hope that other states will follow suit, potentially leading to a nationwide ban on child marriage. This could significantly reduce the number of minors who are married each year in the United States.

What constitutes a forced or abusive marriage?

Forced or abusive marriage typically involves coercion, often by family members or other individuals of authority, to marry against the minor's will. It can include elements of control, trafficking, or rape. The new law aims to prevent these scenarios by disallowing marriage for minors.

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