Marriage age in the United States

Colonial America Marriage age The minimum marriage age was 12 years for females and 14 years for males under English civil law until 1753. By default, these provisions became the minimum marriage ages in colonial America. Under English common law the age of consent, as part of the law of rape, was 10 or 12 years and rape was defined as forceful sexual intercourse with a woman against her will. To convict a man of rape, both force and lack of consent had to be proven, except in the case of a girl who was under the age of consent. Since the age of consent applied in all circumstances, not just in physical assaults, the law also made it impossible for a girl under 12 years to consent to sexual activity. There was one exception: a man's acts with his wife (females over 12 years), to which rape law did not apply. United States Marriage age English common law applied in each the United States jurisdiction unless and until a state statute replaced or modified it. In the United States, especially in recent years, the general marriage age has been revised downward so that they are now between 18 and 21 years of age. In California, the governing law is found in California Family Code sections 302 and 304 (2019): "An unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry, in accordance with the requirements described in Section 304." Historically, Section 56 of the California Civil Code (1872) fixed 15 as the age at which a female could marry without parental consent. In 1921, the age was raised to 18. Age of consent In Delaware, the age of consent was 10 years until 1871 when it was lowered to 7 years. Under the 1871 law, the penalty for sex with a girl below the age of consent was death. In California, early statutes forbade sexual intercourse with females under the age of 10, following the English statute of 1576. In 1889, the California statute was amended to raise the age to 14 years and the age was raised to 16 in 1897. Alaska became the 49th state in 1959, with the age of consent being 16 years. Hawaii became the 50th state in 1959, with the age of consent being 14 years. Georgia raised its age of consent from 14 to 16 in 1995 as did Hawaii in 2001. Colorado lowered its age of consent to 15 in 1971, after it lowered the age of majority from 21 to 18 years. As of August 1, 2018, the age of consent in each state in the United States was either 16 years, 17 years, or 18 years. ==Underage marriage==

When at least one of the marriage partners is under the general marriage age, the marriage is considered underage and may require parental consent and/or judicial authorization. Also, adolescents can marry in "exceptional circumstances". In the 50 states Connecticut, Delaware, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington do not allow underage marriage. The other states allow an underage person to marry in the following circumstances: If one or more of the following apply: • consent of the parents or legal guardians of the minor • consent of a court clerk or judge • if the minor is emancipated. Or in exceptional circumstances if one or more of the following circumstances apply: • consent of a superior court judge, rather than a local judge, is required • if one of the parties is pregnant • if the minor has given birth to a child In 5 states, a person who is 21 years old cannot marry a person under 18 years old: Arizona, Colorado, Idaho, Louisiana and Nevada. In one state, Florida, a person who is 20 cannot marry a person under 18 years old. In 3 states – Georgia, Tennessee and Ohio – a person who is 22 cannot marry a person under 18 years old. Indiana and Utah are nearly the same, although a person who is 21 can marry a person who is 17 years old. Minimum age in 50 states: • 4 states have no official minimum age, but still require either parental consent, court approval or both: California, Mississippi, New Mexico, and Oklahoma. • 2 states have a minimum age of 15: Hawaii and Kansas. • 20 states have a minimum age of 16. • 8 states have a minimum age of 17. • 16 states have a minimum age of 18, which is the same as their general age: Connecticut, Delaware, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington. Recently, several states have revisited the legality of child marriage. Since 2017, Connecticut, Florida, Kentucky, Arizona, Delaware, Tennessee, New Jersey, Missouri, Ohio and many more have changed their law to set or raise their minimum legal age for marriage. In Massachusetts, the minimum marriage age is 18, but prior to July 29, 2022 adolescents could be married with judicial consent. Unlike many other states, in Massachusetts an adolescent's marriage did not automatically emancipate the minor, or increase his or her legal rights beyond allowing the minor to consent to certain medical treatments. In Guam, the general age is 18, but 16-year-olds can get married with the consent of at least one parent or guardian. In American Samoa, since September 2018, the marriage age has been 18 for both sexes. Previously, the marriage age for females was 14. American Samoa does not allow underage marriages. In the District of Columbia minors can't marry. In the U.S. Virgin Islands, since January 2020, the marriage age has been 18 for both sexes. Prior to January 2020, the marriage age was 14 for females and 16 for males. In the Northern Mariana Islands, males must be 18 to marry, while females can marry at 16 with parental consent. ==List==

States District of Columbia and United States Territories ==See also==