Pou-Weinberg-Cunningham Bill Barring Minors from Marriage Approved

TRENTON – A bill sponsored by Senator Nellie Pou, Senator Loretta Weinberg and Senator Sandra Cunningham barring anyone under the age of 18 from marrying in New Jersey was passed by the Senate today.

The bill, S-427, would bar the issuance of marriage or civil union licenses to all persons under the age of 18, regardless of parental or judicial consent. Under current law, marriage or civil union licenses may not be issued to minors under the age of 18 unless a parent or guardian consents. If the minor is under the age of 16, a judge of the Superior Court, Chancery Division, Family Part must also consent to the marriage or civil union.

“I am proud New Jersey is taking the lead nationally on this issue,” said Senator Pou, (D-Passaic/Bergen). “Marriage is a legal contract and it should be reserved for adults. It is startling for people to learn that there are underage marriages happening in New Jersey, but there are. We must protect girls from being forced into marriages. As a state, we have a responsibility to protect our residents and a moral obligation to protect children. This bill takes the necessary steps to do that.”

“This is an issue that needs to be addressed for the mental and physical health of young people,” said Senator Weinberg (D-Bergen). “This legislation is not about telling young women what they can’t do, but rather it ensures that girls – minors – are not being forced into marriages against their will. Marriage is an adult decision and minors shouldn’t be asked to enter into this kind of arrangement for any reason.”

The genesis for this legislation was media reports discussing the negative effects of marriage on young women, including a perceived or actual reduction in health, education and economic opportunities.

“This legislation is about preserving basic human rights,” said Senator Cunningham (D-Hudson). “It may be hard for some to believe that forced marriages are happening in the United States, but they are and they happen far too often for unjust reasons. Our job as lawmakers is to protect all our residents, and that protection doesn’t begin when they turn 18. This is about protecting our young people and not putting them in an environment that could cause undue harm.”

Governor Chris Christie conditionally vetoed an identical bill, S-2528, in 2017.

The bill, S-427, was approved by the Senate by a vote of 30-5.