Ban on Marriage for Minors Discussed in the State of New Jersey

Last week Governor Chris Christie vetoed a bill which proposed that teenagers cannot be married until they have reached eighteen years of age, with no exception to this law. Governor reasoned that the current laws restricting the age of marriage were sufficient and could be amended. The bills restricting the age for marriage was passed by the Assembly and the Senate. Had Governor Christie approved this bill, New Jersey would have been the first state in the country to remove all exceptions that require minors to wait until they are 18 to be married.

The current law in the State of New Jersey provides if one is under the age of 18, they must have parental consent and if they are under 16 they must have both parental consent and consent approved in writing by any judge of the Superior Court, Chancery Division, Family Part and filed with the licensing officer.

N.J.S.A 37:1-6 provides that a marriage or civil union license applicant must be 18 years of age or older. The applicant must certify in the presence of two “reputable” witnesses that the applicant is of age. The law providing for the nullity of marriage for an underaged marriage is N.J.S.A. 2A:34-1.

Governor Christie proposed instead that the law be changed to allow people of the ages of sixteen and seventeen to be married with a judge’s approval. He vetoed this legislation because of his belief that the restrictions are too strict and in some cases the proposed legislation may interfere with religious customs of the residents of New Jersey. Supporters of Governor Christie’s decision claim that the proposed bill would prevent some pregnant teenagers from being married.

Supporters of the new proposed bill voiced their opinion. An article in the Trenton Times dated May 12, 2017 stated that “Unchained At Last, a nonprofit organization that helps women and girls leave forced marriages, testified at committee hearings that teenage marriage associated with some conservative religions is more wide-spread than people think. Between 1995 and 2012, nearly 3,500 minors got married in New Jersey.”