South Dakota seeks to close teen marriage loophole amid trafficking concerns
February 19, 2025 | 2025 Legislative SD, South Dakota
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A recent discussion in the South Dakota Senate highlighted the urgent need to address the state's marriage laws for minors, particularly the loophole that allows 16 and 17-year-olds to marry with just one parent's consent. This issue has raised significant concerns about the potential for exploitation and the long-term implications for vulnerable youth.
Currently, South Dakota law permits minors to enter into marriage, which can lead to troubling situations. From February 2022 to 2023, a total of 881 minors were married in the state, with a staggering 90 percent of these cases involving a child marrying an adult. This raises alarms about the age disparities, including instances where a 17-year-old girl was married to a 53-year-old man. Such marriages often end in divorce, with estimates suggesting that 70 to 80 percent do not last, undermining the institution of marriage itself.
Critics of the existing law argue that it creates a dangerous environment for minors. Once married, a child's spouse becomes their legal guardian, which can severely limit the minor's ability to seek help or escape an abusive situation. The law also terminates parental rights upon marriage, potentially incentivizing parents to push their children into marriage to evade child support obligations or custody disputes. This is particularly concerning given the alarming rise in familial trafficking cases in South Dakota, where some minors are exploited by their own families.
Organizations such as Call to Freedom and the Children's Home Society of South Dakota are advocating for legislative changes to protect minors from forced marriages and exploitation. They emphasize the need for swift intervention to safeguard children from potential abuse and to ensure that parental rights are not misused.
As discussions continue, the South Dakota Senate is urged to consider the implications of current marriage laws and the necessity for reform to protect the state's youth from exploitation and to uphold their rights. The community is watching closely as lawmakers deliberate on this critical issue that affects the safety and well-being of minors across the state.
Currently, South Dakota law permits minors to enter into marriage, which can lead to troubling situations. From February 2022 to 2023, a total of 881 minors were married in the state, with a staggering 90 percent of these cases involving a child marrying an adult. This raises alarms about the age disparities, including instances where a 17-year-old girl was married to a 53-year-old man. Such marriages often end in divorce, with estimates suggesting that 70 to 80 percent do not last, undermining the institution of marriage itself.
Critics of the existing law argue that it creates a dangerous environment for minors. Once married, a child's spouse becomes their legal guardian, which can severely limit the minor's ability to seek help or escape an abusive situation. The law also terminates parental rights upon marriage, potentially incentivizing parents to push their children into marriage to evade child support obligations or custody disputes. This is particularly concerning given the alarming rise in familial trafficking cases in South Dakota, where some minors are exploited by their own families.
Organizations such as Call to Freedom and the Children's Home Society of South Dakota are advocating for legislative changes to protect minors from forced marriages and exploitation. They emphasize the need for swift intervention to safeguard children from potential abuse and to ensure that parental rights are not misused.
As discussions continue, the South Dakota Senate is urged to consider the implications of current marriage laws and the necessity for reform to protect the state's youth from exploitation and to uphold their rights. The community is watching closely as lawmakers deliberate on this critical issue that affects the safety and well-being of minors across the state.
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