Tennessee House passes bill banning most child marriages

The Tennessee House of Representatives meets on the opening day of the legislative session Tuesday, Jan. 9, 2018, in Nashville, Tenn. (AP Photo/Mark Humphrey)
The Tennessee House of Representatives meets on the opening day of the legislative session Tuesday, Jan. 9, 2018, in Nashville, Tenn. (AP Photo/Mark Humphrey)

NASHVILLE - A bill banning most underage marriages in Tennessee except for 17 year olds who have parents or guardians' documented approval cleared the state House today.

The vote was 96-0. Senators are expected to take up their version later today which would allow 16 and 17-year-old teens to marry with parental approval.

Representatives approved the exception for teens age 17 in the form of an amendment to a bill carried by Rep. Mike Carter, R-Ooltewah.

The legislative effort to ban child marriages originated with Rep. Darren Jernigan, D-Nashville, and Sen. Jeff Yarbro, D-Nashville. It called for banning all marriages under age 18.

Jernigan had agreed to amend his bill to allow marriage for persons age 17 with the parental approval provisions. When Yarbro sought to run the original bill in the Senate, GOP majority lawmakes amended it and shipped it back to committee for review.

Senate Judiciary Committee members then kicked Yarbro's bill to the curb and used another bill by Sen. Ken Yager, R-Kingston. As amended, it still allowed for marriages of persons 16.

In his brief floor remarks, Carter, an attorney, credited Jernigan for brining the original legislation, saying he was "primarily responsible for the passage of this bill."

According to a legislative fiscal note, the bill has these provisions:

» Parents of 17-year-old teens would have to be present or submit a sworn and notarized affidavit to the county clerk or deputy county clerk stating the applicant is 17 years of age or older and that the applicant has such person's consent to marry.

» Authorizes legally "emancipated" teens to be married without parental consent.

» Establishes that an applicant who is under 18 years of age is emancipated after entering into marriage. That's intended to prevent current situations where a married minor cannot hire a lawyer or seek legal redress against an abusive spouse.

» Bars judges or county mayors to waive age limits for receiving a marriage license. Adds language to require a marriage entered into at any age that is without valid, freely-given consent from both parties to be void and unenforceable. Establishes damages for a claim of forced marriage including liquidated damages of $250,000, reasonable attorneys' fees and court costs.

Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow him on Twitter @AndySher1.

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