Child marriage is still technically legal in Texas, and now, lawmakers are working to close the remaining legal gaps. A new bill, House Bill 168, is moving through the Texas House of Representatives with the goal of stopping child marriages entirely, especially those that can be misused for human trafficking.
According to the Texas Tribune, this bill has already passed a key vote by 83 to 51 and is now headed for a final vote in the coming days.
What House Bill 168 Aims to Do
The main purpose of this bill is to protect minors from being forced into marriage, especially in situations involving abuse or trafficking. The proposed law would ban all counties in Texas from giving marriage licenses to anyone under 18 years old, even if the minor is legally emancipated from their parents.
Rep. Jon Rosenthal, a Democrat from Houston who introduced the bill, said, “I brought this bill to protect our Texas children from a loophole in the law that allows trafficking of these kids. And that is still my goal.”
Current Law Still Has Loopholes
Texas previously made changes to child marriage laws in 2017, but some loopholes remain. For example, under current law, if a child is legally emancipated, they can still get married before the age of 18. The new bill aims to remove this exception.
While child marriage is rare, it has been used by traffickers as a legal way to control minors. Some lawmakers are also pushing for the bill to include legal support for survivors whose marriages are later declared invalid.
Proposed Exception Could Create Controversy
There is also a proposal under debate that would allow marriages between minors and adults if the age gap is three years or less. This suggestion could make the law more complicated and may allow certain child marriages to continue, which goes against the bill’s main goal.
Many believe the law should be clear: no one under 18 should be allowed to marry, regardless of other legal status or relationships.
Age of Consent Remains Unchanged
It’s important to note that this bill does not change the age of consent in Texas, which remains at 17. However, under this new law, even though someone can legally consent to sex at 17, they would still have to wait until 18 to legally marry.