Skip to content
Search

Latest Stories

Follow Us:
Top Stories

American Hypocrisy Is Holding Back Global Efforts To End Child Marriage

Opinion

Hands protecting a child.

A child being protected.

Getty Images, Mary Long

Following recent bans in Washington, Virginia, and New Hampshire, Missouri and Oregon are poised to become the fourteenth and fifteenth states to ban marriage under 18 years. As recently as 2018, “child marriage” remained legal with parental consent and judicial approval in all 50 U.S. states. If you are shocked to read this, you are not alone; the majority of Americans assume it is illegal throughout the country.

It may also surprise you that resistance comes not just from conservatives, who have argued that an outright ban would risk either leaving teen mothers unmarried or the encouragement of abortion, but also from strongholds on the political left. In California, which has no legal age minimum for marriage, Planned Parenthood has argued that banning marriage under the age of 18 would “impede on the reproductive rights of minors and their ability to decide what is best for them, their health, and their lives."


The logic here is that, particularly in late adolescence and when a pregnancy or baby is involved, marriage may serve the best interests of a minor, and that parental consent and judicial approval already provide effective protections against marriages that would otherwise be harmful. There may also be securities inaccessible to unwed partners, such as spousal benefits, leading New Hampshire to recently introduce a bill that effectively reverses its own ban on child marriage for military personnel.

These considerations stand in stark contrast to the exacting lens with which American foreign policy frames child marriage in the Global South. In 2015, the U.S., as an influential United Nations member, signed on to a global target to abolish child marriage by 2030, thus depicting all marriages under 18 years as unequivocally harmful. There is little nuance or appreciation of adolescent autonomy here, with child marriage unambiguously categorized as a form of forced marriage and a human rights violation. Over 1400 organizations now work to end child marriage, primarily in low and middle-income countries, often drawing on both government and private funding from the U.S.

To be sure, child marriages are a rarity in the U.S., making up less than one percent of all marriages, compared to many African and South Asian countries where closer to a third of all girls and women marry under 18 years. However, the blaring hypocrisy of America’s position on child marriage is clear. Until America fully bans child marriage, it is one rule for “us” and one for “them.”

At a recent United Nations panel on the “Successes and setbacks in the global effort to end child marriage,” American hypocrisy on child marriage law was singled out as preventing global progress in passionate speeches by both American Writer Chelsea Clinton and Fraidy Reiss, founder of Unchained at Last, a nonprofit dedicated to ending child marriage in the U.S. If we cannot agree that child marriage should be illegal at home, the two advocates argued, how can we demand legal reform abroad?

As an anthropologist, I am hesitant to support any singular age threshold that universally designates the readiness to marry or the ability to give informed consent. A romanticized view of childhood as a “sanctuary” also fails to recognize that children can only live free from the risk of harm when their wider context has the resources to shield them. Without such protections, minors in the Global South routinely take on dangerous labor, engage in risky sexual behavior, fight in wars, and endure abuse or a high burden of domestic work at home.

Faced with these realities, a growing body of ethnographic research demonstrates that early marriage is often viewed by both adolescents and their parents as the best available option when situated within wider contexts of poverty, early childbearing, and patriarchal norms that afford few rights and opportunities for girls and women outside of marriage. Among the Maasai of Kenya, for example, parents consider early marriage as a relatively reliable pathway to social and economic security for their daughters, while enrollment in formal education is often a risky investment, unlikely to translate into livelihood security.

The notion that all child marriages are forced is also contradicted by the fact that a not insignificant portion takes place via elopement, against parental wishes. Similar characterizations have also been made about the historical prevalence of child marriage in the U.S. when marriage was sometimes used as a means of emancipation from responsibility to one’s natal family. In some scenarios, child marriage can present a rational choice and pathway to mitigating, rather than elevating, wider risks to an adolescent’s well-being.

Such observations do not dispute the potential harms of early marriage but do underline that care needs to be taken as we consider the path forward. As the U.S. critically evaluates whether child marriage should be banned outright, or allowed under certain scenarios, and is currently reconsidering its role in funding international development altogether, it is crucial that policymakers apply equivalent considerations to the capacity for youth to engage in informed decision-making both at home and abroad.

Our shared goal must be to end harmful early marriages globally, rather than to merely export an ethnocentric model of childhood universally ending at 18 years. Comprehensive policy requires not only legal reforms of marriage age but also identifying and targeting the wider structural factors that render early marriage desirable, often quite reasonably so, for many vulnerable young people around the world.

David W. Lawson is a Professor of Anthropology at the University of California, Santa Barbara, and a Public Voices fellow with the Op-Ed Project.


Read More

Illustration of US Capitol

Illustration of US Capitol

Illustration provided

Are States and Localities Required to Cooperate with ICE?

Polls show a majority of Americans disapprove of how Immigration and Customs Enforcement (ICE) is doing its job, with outrage stoked by a surge in immigration arrests across the country and multiple killings by federal immigration officials. In many places, residents are against their state and local officials cooperating with immigration authorities. And many local law enforcement leaders argue that cooperating with federal immigration enforcement operations undermines public safety by taking resources away from local priorities and eroding communities’ trust in law enforcement.

Trump administration officials have repeatedly argued that states and localities are legally obligated to cooperate with federal immigration enforcement efforts. They have also warned that state and local laws limiting cooperation with ICE will be met with harsh crackdowns.

Keep ReadingShow less
people in a boardroom


Happy female entrepreneur with colleagues sitting at a desk in an office

Getty images

Understanding The Dissolution of Federal DEI Offices and Initiatives: Debate and Implications

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Background

Diversity, Equity, and Inclusion (DEI) is a buzzword often used in political spaces, and its implementations, or lack thereof, have repercussions on many groups. Diversity, Equity, and Inclusion efforts are organizational policies and initiatives that aim to equitably distribute opportunities and to create accepting workplaces for marginalized populations. These policies create hiring and recruitment guidelines to hire, retain, and promote individuals from those backgrounds. Supporters of these policies argue they are necessary in driving meaningful social progress, while critics argue they subordinate the role of merit in awarding opportunities.

Keep ReadingShow less
People waving US flags

Modern politics rewards viral outrage over thoughtful debate. Explore how introducing mindfulness, gratitude, and cross-party reflection can lower the temperature in Washington and rebuild governance.

LeoPatrizi/Getty Images

Zen and Governing in a Time of Politics as Performance Art

News reports and social media constantly remind us that today’s political system rewards conflict, viral moments, and ideological performance over thoughtful and courteous debate.

Tune into the melee, and it is as if every high-ranking official is now a TV political pundit rather than a serious statesman or stateswoman.

Keep ReadingShow less
houses being built

Existing laws in Colorado reduce the administrative and regulatory costs of building new housing.

Congress Just Passed a Housing Law That Rewards States for Reform — Here’s Why Colorado Has a Head Start

In Colorado, a full-time worker must earn US$36.44 an hour to afford a modest two-bedroom apartment without spending more than 30% of their income on rent, according to a recent report from the National Low Income Housing Coalition.

The state’s minimum wage is $15.16. Someone earning that would have to work 96 hours a week, more than two full-time jobs, to cover rent.

Keep ReadingShow less