Senate rejects bill to raise minimum marriage age to 18

PIERRE, S.D. — The South Dakota Senate voted down Senate Bill 156, a proposal to raise the minimum legal age for marriage to 18, with the final tally 16 yeas and 19 nays.

Senator Davis (State Senator), the bill’s sponsor, framed the measure as a child‑protection step intended to close what the sponsor described as a loophole that currently allows 16‑ and 17‑year‑olds to marry with a single parent’s signature. Davis cited Department of Health figures presented on the floor and said “There is no harm in waiting,” arguing that the change would prevent exploitation and make it easier for minors to escape abusive situations.

Opponents said the bill was overbroad and would criminalize or prevent legitimate, often religiously motivated, marriages that work for many families. Senator Carley (State Senator) said the bill “criminalizes marriage rather than the abuse that is covered up by such a marriage,” and urged alternative safeguards such as requiring both parents’ consent, counseling, judicial approval, or emancipation options for married minors. Several senators recounted personal or constituent examples of successful early marriages and questioned whether the proposal would reduce trafficking or abuse.

Supporters pointed to data and testimony from advocacy groups such as Call to Freedom and argued that parental facilitation of underage marriage can enable trafficking and exploitation; sponsor Davis noted federal‑ and state‑level reviews of similar policies in other states.

After extended debate the Senate voted to reject the bill, 16–19. The sponsor said she would continue to consider adjustments but acknowledged the bill failed to receive the necessary support on the floor.