This commentary is by Angela Paoli, president of the Vermont chapter of the National Association of Social Workers, and a licensed independent social worker who practices in South Burlington.
“Child marriage… in Vermont? Really?” I bet that’s what most Vermonters would say upon learning that Vermont still allows 16- and 17-year-olds to get married. But it’s true.
And something should be done about it. Fortunately, the Vermont legislators received that message and they are working on a bill — H.148 — to raise the age of marriage to 18. It’s time to get it passed.
The United Nations and the U.S. State Department state child marriage is an abuse of human rights. This issue is about rights, not about maturity — it’s about legal rights and responsibilities that individuals obtain when they turn 18. Vermont does not allow children to enter into legal contracts, but we have a loophole in our law that allows parents to give consent to their 16- and 17-year-old children to marry.
This presents an immediate disadvantage to the children involved, as they lack the legal rights and protections required to independently navigate legal systems. If the child marries an adult, the adult spouse becomes their guardian, the one who needs to sign permission slips and take care of other legal matters, such as signing a lease on an apartment or retaining an attorney.
Marriage is not necessary for some rights, like parenting and military benefits. If a 16- or 17-year-old has a baby and the father wants to co-parent, he can easily do so outside of marriage by establishing paternity. Marriage is also not required for military benefits — an adult boyfriend who enters the military can designate anyone as the beneficiary of their Servicemembers Group Life Insurance, regardless of marital status.
Child marriage can be used as a tool by child traffickers to further control their victim and reduce their chances of getting caught — taking a child across state lines for nefarious purposes is a federal crime, but taking your wife across state lines is just traveling.
In addition, It is also used as a tool for older men to get out of a statutory rape charge — they will sometimes make a promise to parents of money and a “better life” for their daughter to get their permission to marry their daughter.
States all around the nation are passing laws to ban child marriage. New York, where in the last 20 years there have been thousands of child marriages, just raised the age of marriage to 18, with no exceptions. So did Massachusetts, which passed it unanimously. If Vermont does not do the same, we will be at risk of becoming a destination state for child traffickers and child marriage.
As an organization aiming to achieve social justice, the National Association of Social Workers, Vermont chapter. wishes to ensure the quality of life and safety for all children by establishing a legal marriage age of 18 years. No exceptions, no confusion, no coercion. We urge our legislators to vote yes on H.148.
