Posted on Mar 3, 2018
Kentucky Republicans Kill Bill to Limit Child Marriage for One Monstrous Reason
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Posted 7 y ago
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California has similar requirements. This is Kentucky's-
(1) Marriage is prohibited and void: . . .
(f) 1. Except as provided in subparagraph 3. of this paragraph, when at the time of the marriage, the
person is under sixteen (16) years of age;
2. Except as provided in subparagraph 3. of this paragraph, when at the time of marriage, the person is
under eighteen (18) but over sixteen (16) years of age, if the marriage is without the consent of:
a. The father or the mother of the person under eighteen (18) but over sixteen (16), if the parents are
married, the parents are not legally separated, no legal guardian has been appointed for the person
under eighteen (18) but over sixteen (16), and no court order has been issued granting custody of the
person under eighteen (18) but over sixteen (16) to a party other than the father or mother;
b. Both the father and the mother, if both be living and the parents are divorced or legally separated,
and a court order of joint custody to the parents of the person under eighteen (18) but over sixteen
(16) has been issued and is in effect;
c. The surviving parent, if the parents were divorced or legally separated, and a court order of joint
custody to the parents of the person under eighteen (18) but over sixteen (16) was issued prior to the
death of either the father or mother, which order remains in effect;
d. The custodial parent, as established by a court order which has not been superseded, where the
parents are divorced or legally separated and joint custody of the person under eighteen (18) but over
sixteen (16) has not been ordered; or
e. Another person having lawful custodial charge of the person under eighteen (18) but over sixteen
(16), but
3. In case of pregnancy the male and female, or either of them, specified in subparagraph 1. or 2. of this
paragraph, may apply to a District Judge for permission to marry, which application may be granted, in the
form of a written court order, in the discretion of the judge. There shall be a fee of five dollars ($5) for
hearing each such application.
This is California's
Cal. Fam. Code § 301
Two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting
to and consummating marriage.
Cal. Fam. Code § 302
(a) An unmarried person under 18 years of age is capable of consenting to and consummating marriage upon
obtaining a court order granting permission to the underage person or persons to marry.
(b) The court order and written consent of the parents of each underage person, or of one of the parents or the
guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order
shall be presented to the county clerk at the time the marriage license is issued.
Cal. Fam. Code § 303
If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent
to marry and that the minor has no parent or has no parent capable of consenting, the court may make an
order consenting to the issuance of a marriage license and granting permission to the minor to marry. The
order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county
clerk at the time the marriage license is issued.
Based on compilations of state laws on marriage age by the National Conference of State Legislatures, September 2015. Verified, expanded and updated by the Tahirih Justice Center (http://www.tahirih.org) with pro bono assistance
from Hogan Lovells US LLP, November 2016; last updated June 27, 2017.
-6-
State
Age “Floor”
Set by
Statute?
State Code Provisions
Cal. Fam. Code § 304
As part of the court order granting permission to marry under Section 302 or 303 [see above], the court shall
require the parties to the prospective marriage of a minor to participate in premarital counseling concerning
social, economic, and personal responsibilities incident to marriage, if the court considers the counseling to be
necessary. The parties shall not be required, without their consent, to confer with counselors provided by
religious organizations of any denomination. In determining whether to order the parties to participate in the
premarital counseling, the court shall consider, among other factors, the ability of the parties to pay for the
counseling. The court may impose a reasonable fee to cover the cost of any premarital counseling provided by
the county or the court. The fees shall be used exclusively to cover the cost of the counseling services
authorized by this section.
(1) Marriage is prohibited and void: . . .
(f) 1. Except as provided in subparagraph 3. of this paragraph, when at the time of the marriage, the
person is under sixteen (16) years of age;
2. Except as provided in subparagraph 3. of this paragraph, when at the time of marriage, the person is
under eighteen (18) but over sixteen (16) years of age, if the marriage is without the consent of:
a. The father or the mother of the person under eighteen (18) but over sixteen (16), if the parents are
married, the parents are not legally separated, no legal guardian has been appointed for the person
under eighteen (18) but over sixteen (16), and no court order has been issued granting custody of the
person under eighteen (18) but over sixteen (16) to a party other than the father or mother;
b. Both the father and the mother, if both be living and the parents are divorced or legally separated,
and a court order of joint custody to the parents of the person under eighteen (18) but over sixteen
(16) has been issued and is in effect;
c. The surviving parent, if the parents were divorced or legally separated, and a court order of joint
custody to the parents of the person under eighteen (18) but over sixteen (16) was issued prior to the
death of either the father or mother, which order remains in effect;
d. The custodial parent, as established by a court order which has not been superseded, where the
parents are divorced or legally separated and joint custody of the person under eighteen (18) but over
sixteen (16) has not been ordered; or
e. Another person having lawful custodial charge of the person under eighteen (18) but over sixteen
(16), but
3. In case of pregnancy the male and female, or either of them, specified in subparagraph 1. or 2. of this
paragraph, may apply to a District Judge for permission to marry, which application may be granted, in the
form of a written court order, in the discretion of the judge. There shall be a fee of five dollars ($5) for
hearing each such application.
This is California's
Cal. Fam. Code § 301
Two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting
to and consummating marriage.
Cal. Fam. Code § 302
(a) An unmarried person under 18 years of age is capable of consenting to and consummating marriage upon
obtaining a court order granting permission to the underage person or persons to marry.
(b) The court order and written consent of the parents of each underage person, or of one of the parents or the
guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order
shall be presented to the county clerk at the time the marriage license is issued.
Cal. Fam. Code § 303
If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent
to marry and that the minor has no parent or has no parent capable of consenting, the court may make an
order consenting to the issuance of a marriage license and granting permission to the minor to marry. The
order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county
clerk at the time the marriage license is issued.
Based on compilations of state laws on marriage age by the National Conference of State Legislatures, September 2015. Verified, expanded and updated by the Tahirih Justice Center (http://www.tahirih.org) with pro bono assistance
from Hogan Lovells US LLP, November 2016; last updated June 27, 2017.
-6-
State
Age “Floor”
Set by
Statute?
State Code Provisions
Cal. Fam. Code § 304
As part of the court order granting permission to marry under Section 302 or 303 [see above], the court shall
require the parties to the prospective marriage of a minor to participate in premarital counseling concerning
social, economic, and personal responsibilities incident to marriage, if the court considers the counseling to be
necessary. The parties shall not be required, without their consent, to confer with counselors provided by
religious organizations of any denomination. In determining whether to order the parties to participate in the
premarital counseling, the court shall consider, among other factors, the ability of the parties to pay for the
counseling. The court may impose a reasonable fee to cover the cost of any premarital counseling provided by
the county or the court. The fees shall be used exclusively to cover the cost of the counseling services
authorized by this section.
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