Introduction
Early and forced marriage is a pressing issue that continues to affect millions of individuals worldwide, cutting across cultural, economic, and social divides. While often seen as a problem predominantly impacting developing countries, it might surprise many that it remains a significant concern within the United States, including in states like New Hampshire. Despite strides toward gender equity and child protection, gaps in laws and policies leave room for practices that disproportionately harm young girls and vulnerable individuals.
This blog takes an in-depth look at early and forced marriage, focusing on the legal landscape in New Hampshire. We’ll explore its societal impacts, current policy gaps, and the crucial role legal professionals can play in ushering in change.
Understanding Early and Forced Marriage
What Defines Early and Forced Marriage?
Early marriage refers to unions involving individuals below the legal age of majority—often considered children under the law. Globally, it is commonly applied to girls under the age of 18. Forced marriage, on the other hand, occurs when one or both parties are married without their full and informed consent, sometimes under coercive circumstances such as threats or economic pressure. While related, the two are distinct categories—though they often intersect.
These practices persist due to a myriad of factors, including poverty, inadequate access to education, gender inequality, and deeply embedded cultural or traditional practices. Many families see early marriage as a solution to economic hardship or a means to protect family honor, particularly in socially conservative communities.
The Numbers Speak Volumes
Globally, UNICEF estimates that approximately 12 million girls under 18 are married each year. This figure represents a major reduction compared to past decades, but the remaining prevalence highlights ongoing challenges. Closer to home, U.S. states report over 200,000 child marriages from 2000 to 2018—with nearly 300 cases in New Hampshire alone during that period. It’s a sobering revelation that underscores the continued urgency of addressing this issue.
The Legal Landscape in New Hampshire
Current Laws and Loopholes
New Hampshire’s laws allow for marriage as young as 13 for girls and 14 for boys, provided that a judge grants permission and parental consent is given. While these stipulations are intended as protective guardrails, they are not failsafe. Judges’ decisions often lack standardization, and parental “consent” does not guarantee the absence of coercion or undue pressure, particularly in vulnerable households.
Federal policies in the U.S. do not explicitly prohibit child marriage, leaving individual states responsible for setting their own marriage age. This patchwork approach creates inconsistencies and often leaves loopholes that perpetuate the problem.
Legislative Reform Efforts
There have been notable legislative efforts in New Hampshire to close these loopholes. A pivotal moment came in 2018 when the minimum marriage age was raised from 13 to 16. This marked an improvement but still fell short of fully prohibiting child marriage. Activist groups and organizations continue to lobby for stricter age limits and the total elimination of exceptions, insisting that these changes are necessary to protect minors from exploitation.
Notable Cases
Cases of child and forced marriages exemplify the real-world consequences of these legal shortcomings. For example, reports in New Hampshire and other states have highlighted instances where judicial consent was granted despite clear evidence of coercion or unsafe domestic situations. These cases underscore the need for a more robust legal framework.
Effects on Victims and Society
Individual Impacts
The consequences of early and forced marriage are profound and far-reaching, often leaving victims physically, emotionally, and educationally disadvantaged. Many are forced to abandon their schooling, cutting off pathways to economic independence. Statistically, child brides face higher rates of domestic violence, early pregnancies, and complications during childbirth due to their underdeveloped bodies.
The psychological toll includes higher risks of depression, anxiety, and PTSD, as the lack of autonomy in marriage robs victims of their sense of control and agency.
Societal and Economic Effects
The broader societal repercussions of early and forced marriages are equally alarming. Communities that permit the practice often perpetuate cycles of poverty and gender inequity, as young girls are deprived of the tools needed to contribute meaningfully to local economies. A World Bank study estimated that ending child marriage could generate billions in economic benefits annually by improving outcomes in health, education, and earning potential globally.
The Role of Legal Professionals
Advocacy and Responsibility
Legal professionals have a unique opportunity to combat this issue by shaping public policy, advocating for stricter marriage laws, and supporting victims. Lawyers, judges, and policymakers can collaborate to:
- Push for legislation that eliminates judicial and parental consent loopholes.
- Advocate for universal legal marriage age requirements of 18 or older.
- Provide pro bono legal services to victims navigating the complexities of early and forced marriage situations.
Supporting Victims
Beyond policy advocacy, legal professionals can directly impact victims’ lives by helping them access restraining orders, annulments, or legal support to escape a forced marriage. Building trustful relationships with community organizations and shelters is critical for providing wraparound support to at-risk individuals.
Looking Towards the Future
Legislative Change in New Hampshire
The fight for reform continues. With growing public awareness, there’s hope that New Hampshire—and the U.S. as a whole—will adopt laws fully prohibiting marriage under 18 without exceptions. Legal professionals, advocacy groups, and policymakers must maintain momentum to prioritize the rights and well-being of minors over other considerations.
Learning from Global Best Practices
Several countries offer blueprints for success. Sweden, for example, enforces strict bans on underage marriage, even for those with parental consent. Rwanda has championed educational campaigns empowering young girls and communities to reject harmful cultural traditions tied to early unions. Adopting lessons from these endeavors could guide New Hampshire toward comprehensive and effective laws.
Taking Action to Shape a More Just Society
Early and forced marriage is a multifaceted issue requiring collective effort, from legal professionals to lawmakers and members of the broader public. New Hampshire has made progress, but there’s more to be done to ensure the protection of young girls and vulnerable individuals from these practices.
If you are a legal professional, consider dedicating time to advocacy, supporting legislation that strengthens protections, and working directly with victims. For the public, becoming informed and supporting organizations advocating for ending early marriage can make a significant difference.
A more just and equitable future is within reach—one where every individual, regardless of age or gender, can exercise their fundamental right to choose their path freely.
