Politique · Interdiction du mariage des enfantsLa Californie met fin à son système d’autorisation du mariage des enfants — mais pas avant janvierRédigé 2 octobre 2026 à 11:02 UTCRegarderTranscription0:09California has approved a child marriage ban with no parental or court exceptions,0:14but the prohibition begins January 1, 2027, leaving the existing approval system in0:19place until then.0:20The change also closes the domestic partnership pathway for minors.0:23How many children did the old system allow to marry, and which marriages will the0:26new law leave untouched?0:28Parents and judges will lose the power to authorize new underage marriages and0:31domestic partnerships in California.0:33Governor Gavin Newsom signed Assembly Bill 12067 on September 30, 2026.0:39California becomes the 18th state to adopt a complete child marriage ban, following0:4317 states that already prohibited it without exception.0:46The measure governs new California marriage licenses and the establishment of0:49domestic partnerships.0:50Including partnerships matters, they will not remain an alternative legal route for0:55minors.0:55California currently has no statutory minimum marriage age.0:59Instead, an underage applicant needs a court order and written consent from at least1:03one parent or guardian of each underage party.1:05A court can require premarital counseling.1:07A 2018 reform added judicial and family court services interviews, but still did not1:11establish an age 18 floor.1:13The new law replaces that individualized permission system with a uniform age1:17requirement.1:18The January start date is settled, not merely tentative.1:21The Act contains no urgency clause.1:24California's ordinary effective date rule in Constitution Article 4, Section 8, and1:28Government Code Section 9600 puts this regular session law into effect January 1st1:33of the following year.1:34Its language governing earlier marriages explicitly uses January 1st, 2027 as the1:39dividing date.1:40A parent's permission does not establish that a child freely chose a marriage.1:44The survivor testimony behind this legislation described coercion, abuse, and1:48barriers to asking for help, finding an attorney, leaving home, or escaping the1:52adults meant to provide protection.1:54That does not establish that every underage marriage involved coercion.1:57It identifies the risk an approval system can miss.2:00A child may depend on the same adults from whom protection is needed.2:04Assemblymember Gail Pellerin, a Democrat from Santa Cruz, Authored the bill2:08Unchained at last and the California Commission on the Status of Women and Girls2:12sponsored it.2:12Advocate Courtney Stodden attended the signing.2:15The survivor-led campaign's stated goal extends to protection from marriage in all2:1850 states.2:19These are arguments and goals for protection, not evidence that the law has already2:23reduced abuse.2:23The final marriage ban votes were unanimous among legislators voting.2:27The Senate passed the measure 38 to 0 on August 19th, with Catherine Blake Spear and2:32Monique Le Mon not voting.2:34The Assembly concurred in the Senate amendments 78 to 0 on August 26th, with one2:38member not voting.2:40The enrolled version was dated August 30, and the bill reached the governor2:43September 3 at 4 p.m.2:45It was signed and chaptered September 30th as Chapter 850, Statutes of 2026.2:51The earlier 66 to 8 Assembly vote was not a vote on banning child marriage.2:55That June 2025 2020 2020 2020 2020 12, that June June ban that June3:02the June June j uh ban and3:14Older licensing titles and committee status entries therefore do not describe the3:18final enacted law.3:19The correct bill number is AB 1267, not the isolated erroneous reference to AB 1276.3:25Earlier complete ban proposals in 2023 and 2024 died in committee.3:30ACLAU California Action opposed the bill over minors' personal decision-making,3:34reproductive autonomy, and the fundamental right to marry associated with3:38Proposition 3.3:39Earlier debates also treated marriage as a route to emancipation.3:43Planned Parenthood affiliates of California, however, took no formal support or3:47opposition position on this bill.3:49Calling it an opponent of the 2026 measure conflates that neutral position with3:53earlier debates.3:54The organization prioritized healthcare issues amid the defunding of its health3:58centers and the Trump administration's and Congressional Republicans' attacks on4:01healthcare.4:02That legislative priority explanation was not an objection to this bill's substance.4:06No lobbyist appeared in the 2026 hearings to defend a right for minors to marry.4:10The enacted answer to the autonomy debate is a minimum age, rather than another4:14individualized approval process.4:1688 licenses involving at least one minor were recorded in a statewide reporting4:20series for 2019 through 2025.4:23That figure is incomplete, not an audited census.4:26Early county non-reporting sometimes appeared as zero.4:29A missing court order could prevent a minor marriage from being reported, and4:32missing information left some ages and genders incomplete.4:35The legislative analysis gives annual recorded totals ranging from single digits to4:3917.4:40It does not independently establish the 88 license aggregate.4:43Published post-2018 annual records describe 16 and 17 year olds and relatively small4:48age gaps.4:49They do not establish a pattern of 15-year-old girls routinely marrying men in their4:5330s.4:54Los Angeles County separately recorded 51 licenses issued to minors during 20144:59through 2025.5:01That is a county figure over a different period, not another total to add to the5:05statewide 88.5:06County and state records for overlapping years have not always matched, and exact5:10endpoint dates beyond those years are not established.5:13A 2017 court spot check identified 44 Los Angeles County minor marriage petitions5:18granted over five years.5:20Those were FL91DIN petitions, not verified licenses or completed marriages, and the5:25exact calendar or fiscal window is not established.5:28A petition, a license, and a registered marriage certificate measure different5:31stages.5:32A national historical compilation counted or estimated 297,033 minors married5:38between 2000 and 2018.5:40It combined 232,474 entries from actual state data with5:4464,559 estimated entries.5:47California's estimate was 23,588 minors, second after Texas in that compilation.5:53Nationally, 86% were girls, mostly marrying adult men.5:56Nearly all minors were 16 or 17, although some were as young as 10.6:01Those are national findings, not demographics to apply to California's recent6:04license records.6:05A later estimate put roughly 34,875 girls married in California between 2000 and6:112021.6:12That is an advocacy estimate of girls, not an official count of all minors or6:15California-issued licenses.6:17It applies a survey-derived national minor marriage rate to California demographics6:21instead of adding up the state certificates.6:23The historical estimates and recent license tallies cannot be compared as if they6:27measured the same thing.6:28California stopped including ages on marriage certificates in the 1980s, limiting6:33historical administrative coverage.6:35Survey-based marriage histories can include marriages solemnized elsewhere and carry6:39sampling and estimation uncertainty.6:41Different periods, populations, methods, and missing records prevent a clean6:45comparison.6:46Rounded descriptions of more than 34,000 or about 35,000 are related risk6:51statements, not independent official totals.6:53None establishes that roughly 9,000 minors currently marry in California each year.6:58The law also removes paperwork tied to the old exception.7:01Officiants will no longer have to return a minor marriage court order with the7:05license.7:06because that licensing pathway is being repealed.7:08Annual local reporting and the state registrar's annual minor marriage compilation7:12are repealed too.7:13A separate one-time examination of historical marriage certificates remains7:17required.7:23Earlier marriages are not automatically dissolved by this law.7:26Family Code Section 22 Droen Drent retains minority as a possible ground for7:30declaring a marriage voidable, but makes a specific exception for qualifying7:34California marriages entered under the former court order and consent provisions7:37before January 1st, 2027.7:39Those marriages are not voidable solely because a party was under 18.7:43That is not a guarantee that every earlier marriage is valid.7:45Other annulment grounds, including a prior living spouse, unsound mind, fraud,7:50force, and physical incapacity, remain available when applicable.7:53Out-of-state marriages are not automatically invalidated either.7:56AB 1267 does not amend Family Code Section 308, which provides that a marriage valid8:01where contracted is valid in California.8:03The new floor governs California's issuance of marriage licenses and establishment8:07of domestic partnerships.8:08Its interaction with recognition and voidability rules in individual cases cannot8:12honestly be reduced to a blanket claim that every underage marriage contracted8:16elsewhere becomes invalid in January.8:18January ends the approval route for new child marriages and partnerships.8:22It does not erase earlier marriages or the obstacles survivors described.8:26The historical number remains unresolved because incomplete administrative records8:30and modeled estimates do not yield one comparable total.8:33Health and Safety Code Section 1022331 remains intact, requiring a one-time8:38examination of marriage certificates transmitted during 2019 through 2024.8:43That report is not established as completed.8:45It may clarify how many historical marriages the reporting system missed, and it is8:49due September 1st, 2027.Lire l’articleChronologie de l’histoireHeyDexLe format court ↗
