Child marriage, a subject of contentious debate in Texas, is on the cusp of a pivotal change. State lawmakers are actively discussing a proposal aimed to shut down an existing legal loophole, which has previously allowed 16- and 17-year-olds to enter into matrimony under certain conditions. According to CW39, the bill in question, House Bill 168, was drafted by State Rep. Jon Rosenthal, a Houston Democrat, and seeks to not only halt future underage marriages but also nullify any such existing marriage licenses, including those cases where minors married out-of-state before relocating to Texas.
The Texas House could soon cast their votes on the matter, which would then necessitate the affirmative nod from the Senate to transform this bill into law. The gravity of this situation lies not only in the legal nuance but also in its practical implications, as the number of child marriages has seen a sharp decline after legislative steps taken back in 2017. Yet, Rosenthal believes that these steps have not gone sufficiently far, stating, "My first concern was with a handful of marriages that we have in this state over the last few years where 40- to 50-year-old men are marrying 16 to 17 year old girls," per an interview he gave to The Texas Tribune.
Proponents of the bill, including advocacy groups like the Tahirih Justice Center, argue for total abolition of child marriages. Historical data underscores the urgency of the situation: CW39 reports that more than 40,000 Texas children, the majority being girls, were married between 2000 and 2018. The 2017 legislative changes that necessitated emancipation as a precondition for minor marriage had already slashed these numbers; fewer than twelve were recorded in 2021. Still, the defense for the bill, as highlighted by Tahirih’s director of public policy, Casey Swegman, is uncompromising, stating, "One child married is too many, and the only way to get to that is to set a bright line of 18."
However, resistance to the legislation has been vocal too. During a House committee hearing in April, as covered by CW39, opponents posited that marriage can offer a crucial legal framework for teenage parents. Tensions also arise around issues of constitutional legality and parental rights. Furthermore, the Tahirih Justice Center's advocates reinforce the grim realities faced by victims of child marriage, citing higher rates of school dropout, lifetime earnings loss, and intimate partner violence. Brigitte Combs, a survivor and advocate against child marriage, shared her personal narrative, detailing the harrowing experience of being coerced into marriage as a teen and calling for her home state to terminate a practice that has wrought such a "difficult, and often terrifying, trajectory" in her life.
