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Congress Reintroduces Child Marriage Prevention Act of 2026

Federal legislation to end child marriage nationwide returns with incentives for states to set 18 as the minimum age without exceptions, as 34 states still permit the practice.

Congress Reintroduces Child Marriage Prevention Act of 2026
Photo: gruntzooki, CC BY-SA 2.0

On July 17, 2026, Senate Democratic Whip Dick Durbin and other legislators reintroduced the Child Marriage Prevention Act, the first coordinated federal effort to end child marriage in the United States. The bill arrives as child marriage remains legal with exceptions in 34 states, with only 17 states plus Washington D.C. having enacted full bans on the practice.

The legislation’s approach is structural rather than purely prohibitive. It would establish a National Commission to Combat Child Marriage, direct the Attorney General to develop model state legislation, and create financial incentives for states that raise their minimum marriage age to 18 with no exceptions. The bill also targets a persistent loophole: marriage-based immigration visas, which would face new minimum age requirements under the proposed framework. For states that have already banned child marriage, the legislation would increase grant funding through the Violence Against Women Act.

The scale of what remains unaddressed is considerable. Between 2000 and 2021, nearly 315,000 minors were legally married in the U.S., a figure that represents not a historical artifact but an ongoing pattern. The Tahirih Justice Center, which has tracked this issue for years, notes that between 2000 and 2018 alone, more than 300,000 minors were married — suggesting the practice has persisted at roughly similar rates across the past two decades.

What makes this reintroduction notable is its federal scope. Previous efforts to address child marriage have operated almost entirely at the state level, producing the current patchwork where a minor’s protection depends on which state line they live behind. The 2026 legislation represents the first time Congress has attempted to coordinate a national response, using the levers available to federal lawmakers — immigration law, grant funding, and model statutes — rather than direct preemption of state marriage laws.

The bill’s prospects are uncertain. Previous iterations have stalled, and the current version requires navigating a Congress where federalism concerns often complicate even broadly supported social policy. What is clear is that the underlying issue has not resolved itself: with a majority of states still permitting some form of child marriage, the gap between the country’s stated norms and its actual legal framework remains substantial, and the new commission and funding mechanisms would at minimum create infrastructure for tracking and addressing that gap in ways that do not currently exist.

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