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Child marriage ban narrowly advanced by Oklahoma Legislature

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Emma Murphy
(Oklahoma Voice)

Oklahoma House lawmakers narrowly voted to send legislation banning child marriage to the governor.

Senate Bill 504, which now heads to Governor Kevin Stitt, would set the minimum age for marriages in Oklahoma at 18 and remove all exceptions in current law that allow for minors to be married with parental consent. State law currently allows minors to get married with the consent of a parent or guardian. Children 16 or under can be married with authorization by a court.

While the measure passed unanimously through the Senate, it was met with fierce opposition and debate in the House where it passed by a single vote Wednesday night with a vote of 51-36.

House author Representative Nicole Miller, R-Edmond, said this measure will strengthen the institution of marriage by ensuring those entering a binding contract are ready for it.

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“The marriages that are going to make it, waiting three to six months, they’re going to make it anyway and that is what we want,” Miller said. “We’re worried about the ones that aren’t going to, and what we don’t want to do is put someone in a lifelong, consequential position because of some of those earlier decisions.”

Miller said Oklahoma currently has differing laws on age of consent and marriage which has created a double standard.

The Legislature last session passed a law raising the age of sexual consent to 18, with a “Romeo and Juliet” exception for teens who are close in age.

Some House Republicans though argued the measure amounted to government interference, prevented the formation of stable families and would allow babies to be born out of wedlock.

While he doesn’t recommend getting married under the age of 18, Representative Jim Olsen, R-Roland, said it should remain an option.

“How confident is your view that it is always wrong, 100% of the time for 17-year-olds to get married,” Olsen asked of the bill author.

“How confident are you that it’s always right,” Miller responded.

Representative Tim Turner, R-Kinta, said children who marry are more likely to drop out of school, live in poverty and be homeless, so this measure strengthens marriage and families rather than attacking it.

“The system allows children to enter in one of the most serious legal contracts of their lives before they’re even old enough to vote,” he said. “Before they can’t serve on a jury, purchase beer or sign most binding agreements.”

Oklahoma is currently one of four states that has no minimum age for marriage, Turner said. Other states include California, Mississippi and New Mexico.

“I know lots of people (and) I have people in my family that were married at 16 and 17, and guess what? They remained married until they’re dead,” said Representative Justin Humphrey, R-Lane. “So are you saying that they should have not had the opportunity to marry?”

Representative Michelle McCane, D-Tulsa, said minors who marry aren’t legally allowed to seek a divorce or stay at a domestic violence shelter. McCane said she gave birth at 15 and she would have had a “very different lived experience” if her mother had let her marry the person she “picked in eighth grade.”

“I don’t know about you all, but please think back to who you picked in eighth, ninth, 10th grade, and I think many of you would be very disappointed to be saddled with that person for the rest of your life,” McCane said.

McCane said at 16, she tried to go to the pediatrician but was not allowed to be seen until her mother came to give permission despite being able to bring her own daughter a month earlier.

“So we’re going to say that a child can seek a marriage and get married – a lifetime commitment that they cannot get out of until they’re 18 – but we won’t allow them to see the doctor on their own,” she said. “We won’t allow them to buy a house on their own. We won’t allow them to finance a car on their own, because we know that they are children, that they’re still developing, that they need more time (and) experience in the world to make these types of decisions.”