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Senate raises mandatory marriage age to 18, closing judicial-exception loopholes
Summary
Senate Bill 48 passed the Senate on March 27, setting the minimum marriage age at 18; sponsors said the change protects children and aligns marriage law with other contractual capacities, while opponents warned of narrow cases such as teen pregnancy and military benefits.
The Senate adopted Senate Bill 48 on March 27, making 18 the mandatory minimum age for marriage unless federal or later state law provides otherwise. Sponsors argued the change closes loopholes that have allowed child marriage to interfere with statutory-rape protections and to deny minors legal capacity in contract and family-law contexts.
Senator Marchman, a sponsor, explained the bill eliminates a longstanding exception that treated marriage as a contract while allowing minors to be treated inconsistently in other civil contexts. "This loophole explicitly excluded spouses, and historically it allowed perpetrators to use marriage to avoid life-altering felony convictions," he said, citing impacts on education, economic outcomes and safety.
Opponents worried the bill leaves no judicial exceptions to account for narrowly circumscribed situations — such as consensual teen relationships, teen pregnancy or military deployments that create incentives to marry before age 18. Senator Zamora Wilson urged retaining judicial discretion for exceptional circumstances involving parental or judicial oversight.
The Senate adopted the bill after debate and ordered it for further processing. Sponsors said the statute aligns Colorado with other states that have set 18 as the minimum marriage age and emphasized child-protection goals.
