Relating To Marriage Of Minors.
The bill amends several sections of the Hawaii Revised Statutes, clarifying that individuals must be at least eighteen years old to enter into a marriage contract. It also removes the authority of family courts or parental consent in allowing minors to marry, which has been a significant point of contention. Removing the previous exceptions for minors emphasizes the law's intent to protect individuals who may not yet have the maturity to make such a profound decision.
Senate Bill 46 aims to end the practice of child marriage in Hawaii by raising the minimum legal age to marry from sixteen to eighteen years. This bill reflects a growing national and international consensus against child marriage, which is recognized as a human rights violation and a barrier to social and economic development. With this bill, Hawaii would align itself with other states, such as Delaware and New Jersey, that have already passed similar legislation, as well as meet the United Nations Sustainable Development Goal of eliminating child marriage by 2030.
Supporters of SB46 argue that raising the marriage age protects minors from coercion and potential exploitation, particularly girls who are disproportionately affected by early marriage. Critics, however, may contend that the removal of parental consent and oversight by family courts can infringe on family rights. The legislation also repeals previous provisions that allowed for the annulment of marriages based on nonage under certain circumstances, thus further emphasizing the state's commitment to protecting minors from early marriages.