A proposal to eliminate state-recognized marriage for those under the age of 18 has been advanced by a House Committee. Several lawmakers expressed support for the change as a way to protect children, especially from traffickers. Others expressed hesitation about creating a roadblock to young couples who genuinely want to be wed.
Missouri law was changed in 2018 to allow the issuance of marriage license to those 18 and older, and to those between 16 and 18 with parental consent. No licenses may be issued to couples in which either party is younger than 16.
The sponsor of House Bill 1200, Representative Renee Reuter (R-Imperial), said the 2018 change was an improvement, but it did not go far enough.
“There are problems in Missouri with human trafficking and … marrying young people off is one way to lock them in to sex trafficking for a while,” Reuter told the Committee on Children and Families. “We have to protect people from being trafficked, and so because of that I think we need to look at the law a little differently and I think we need to protect these women, mainly women, who are being damaged by the marriage laws that we have today.”
She said people who get married younger than 18 are trapped.
“One cannot get divorced in the State of Missouri until you’re over 18, so should you get married at 16, you’re stuck in that marriage because there’s no way to divorce until you’re 18,” added Reuter, who is an attorney.
Reuter cited the stories of women who married when younger than 18 and found themselves in situations of abuse from which they couldn’t escape.
Some on the committee expressed opposition, saying they know people who were wed when younger than 18.
“I have multiple friends who have been married at 16, 17 years old and have amazing marriages,” said Representative Mike Costlow (R-Dardenne Prairie), but he said that was only part of his objection. His greater concern, he said, was about legal recognition for young families.
Some, like Carthage Republican Cathy Jo Loy, wondered whether the legislation could include an exception for marriages that are not in some way coerced.
Representative Ann Kelley (R-Lamar) said HB 1200 could result in a law that misses its target.
Upon hearing those concerns, Reuter suggested that her colleagues consider another way to look at such situations.
Ozark Republican Jamie Gragg said the bill is in line with what has been the focus of the Committee on Children and Families in recent years.
The Committee’s top Democrat, Raychel Proudie (Ferguson), said there are parallels between what this bill seeks to address, and the fact that judges in Missouri typically refuse to finalize a divorce if one party in the marriage is pregnant. That has effectively prevented pregnant women in abusive relationships from being able to divorce their partner.
Proudie is one of the sponsors of a bill to deal with that situation, which was recently advanced by the Children and Families Committee.
Committee chair Holly Jones (R-Eureka) illustrated a further point in support of HB 1200. She asked Reuter, “Is there another contract that we can enter into under the age of 18 that’s legally binding?”
“I am not aware of any,” Reuter said.
A Senate version of this legislation made it to the House in April last year but did not reach the Governor’s desk.
In spite of the concerns that were voiced, HB 1200 was passed out of the committee with a 15-0 vote. The legislation now goes to another committee which could vote to send it to the full House.