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Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 3, 2022
TOPIC: Child Marriage Laws
AGENDA TITLE:
Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would
End Child Marriage
RECOMMENDED ACTION
Adopt a resolution calling upon our state legislators to introduce and pass a bill that would
end child marriage.
DISCUSSION
Background
During the City Council meeting on March 15, 2022, Councilmembers Mendoza, Lopez,
and Phan directed staff to prepare a resolution to call upon our State legislators to
introduce a bill that would end child marriage in California. There was consensus among
the City Council to support this item.
Statistics from both the California Department of Public Health and the U.S. Census
Bureau’s American Community Survey indicate that child marriages have been steadily
declining over the last couple of decades at the state and national level, but there
continues to be 44 states that allow child marriages (defined as a marriage where one or
both of the individuals is 17 years and younger). Since 2018, six states have banned child
marriages without exceptions.
As it stands, California is one of nine states that has no minimum age for child marriage
when all exemptions are taken into account. These circumstances include the consent of
a court clerk or judge, consent of one of the parents or legal guardians of the minor, if one
of the parties is pregnant or has given birth to a child, or if the minor is emancipated.
Existing California Law
Current California law requires the parents and partners of minors wishing to marry to
meet with court officials separately to determine if there is any coercion. Additionally,
minors have to wait 30 days to get married unless they are 17 and have completed high
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school, or one of the partners is pregnant. However, there is still no minimum age for
children to marry, if these conditions are met.
Recent Efforts to Change the Law in California
In 2018, in an attempt to set the course for banning child marriages in California, state
legislature passed Senate Bill No. 273 (SB 273), which requires Family Court Services to
separately interview the parties intending to marry or establish a domestic partnership
and to prepare and submit to the court a written report containing recommendations for
either granting or denying the parties permission to marry or establish a domestic
partnership.
In 2021, Assembly Bill No. 1286 (AB 1286) was introduced to require local registrars to
submit a report four times per year that included information concerning issued and
denied marriage certificates involving minors. Existing law requires a local registrar of
marriages to submit to the State Registrar, at least annually, all information concerning
marriage certificates accepted during the calendar year in which one of both of the parties
were minors at the time of solemnization of the marriage, but authorizes the local registrar
to dispose of information like number of certificates, age of each party, and gender of
each party after only two years. This information is available upon request through the
California Department of Public Health the Office of Vital Records with an estimated wait
time of five to seven weeks. This law restricts local registrars from submitting such
information if the registrar did not accept any marriage certificates in the same calendar
year. California stopped tracking ages on marriage certificates in the 1980s, making
statewide data less accessible. According to a study by the Pew Research Center, almost
5.5 of every 1,000 15-to 17-year-olds are married in California based on census data from
2014. AB 1286, however, died in January 2022.
Potential Effects of Child Marriages
Studies show that early marriages carry significant and long-term risk for children by
increasing the risk of domestic and sexual violence, a negative impact on mental health
and social life, lack of independence, and lack of education. A 2013 study by the Human
Rights Watch indicated that approximately 14 million girls are married each year
worldwide, and one in seven girls in developing countries is married before her 15th
birthday.
According to Tahirih Justice Center’s publication, “Child Marriage Poses Serious Risks to
Children”, child marriage has negative physical, economic, social, and mental impacts on
children, especially girls. Teen girls who marry tend to have more children earlier and
more closely spaced. They are more likely to have their first child before the age of 18
and 40 percent more likely to have a second within two years of their first. Young women
and girls aged 16 to 19 face intimate partner violence victimization rates at almost three
times the national level.
Child brides tend to come from poverty and remain in poverty. Girls who marry under the
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age of 19 are 50 percent more likely to drop out of high school and four times less likely
to graduate from college.
Women who marry before the age of 18 are more likely to report stressful life events, as
well as present significantly more psychiatric disorders such as mood and anxiety
disorders, including major depression and antisocial personality disorder.
Resolution
Attached for consideration by the City Council is a resolution (Exhibit 1) calling upon our
state legislators to introduce and pass a bill that would end child marriage.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
Resolution No. 2022-XXX
Page 1 of 2
RESOLUTION 2022-XXX
A RESOLUTION OF THE SANTA ANA CITY COUNCIL
CALLING UPON OUR STATE LEGISLATORS TO INTRODUCE AND PASS A BILL ENDING
CHILD MARRIAGE IN CALIFORNIA
WHEREAS, California is one of nine states that has no minimum age for child marriage
when all exemptions are taken into account; and
WHEREAS, current California law requires the parents and partners of minors wishing to
marry to meet with court officials separately, to determine if there is any coercion and wait 30
days to get married, unless they are 17 and have completed high school, or one of the partners
is pregnant; and
WHEREAS, recent efforts to change California law with Senate Bill No. 273 and Assembly
Bill No. 1286 failed; and
WHEREAS, existing law requires local registrar of marriages to submit personal
information regarding certificates to the State Registrar, at least annually, but authorizes the local
registrar to dispose of information like number of certificates, age of each party, and gender of
each party after only two years; and
WHEREAS, child marriage has negative physical, economic, social, and mental impacts
on children, especially girls; and
WHEREAS, teen girls who marry tend to have more children earlier, more closely spaced,
more likely to have their first child before the age of 18 , and 40 percent more likely to have a
second within two years of their first; and
WHEREAS, young women and girls aged 16 to 19 face intimate partner violence
victimization rates at almost three times the national level; and
WHEREAS, women who marry before the age of 18 are more likely to report stressful life
events, present significantly more psychiatric disorders such as mood and anxiety disorders ,
including major depression and antisocial personality disorder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that:
Section 1. The City of Santa Ana calls upon our State legislators to introduce and pass
a bill that would end child marriage in California.
Section 2. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution.
Resolution No. 2022-XXX
Page 2 of 2
ADOPTED this ____ day of May, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution
No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana
on _____________________, 2022 .
Date:
Clerk of the Council
City of Santa Ana