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Fact check: Which states have the highest rates of child marriage in 2025?
Executive Summary
Thirty-four U.S. states still allow marriage under age 18, and four states—California, Mississippi, New Mexico, and Oklahoma—have been reported as having no statutory minimum age when parental or judicial approval is available, creating the legal space for child marriage in 2025 [1]. Data assembled by advocacy groups estimate hundreds of thousands of minor-involved marriages in recent decades, with girls comprising the overwhelming majority of those married to adult men [1] [2].
1. States With the Widest Legal Openings: Why four stand out
Advocacy reports repeatedly highlight that California, Mississippi, New Mexico, and Oklahoma permit marriage contracts for minors without a statutory floor when parental or judicial waivers apply, making these states uniquely permissive in legal terms [1]. The repeated naming of these four across analyses dated October 2025 and earlier indicates consensus among nonprofit reporting and press summaries about which states contain the most explicit statutory loopholes. This legal framing matters because absence of a clear minimum age transfers discretion to judges and parents, which advocates argue is the principal driver of continued child marriages in those jurisdictions [1] [2].
2. Where the highest counts were recorded: raw numbers versus population rates
A 2024 study mapped the largest absolute counts of child marriages to specific states: Texas led with an estimated 41,774 between 2000 and 2018, followed by California, Florida, Nevada, and North Carolina, reflecting population size and historical patterns of marriage registrations [3]. Reports caution that raw totals track volume rather than risk: smaller states can have higher per-capita rates even with fewer total cases. That same mapping found Nevada, Idaho, Arkansas, Kentucky, and Oklahoma among the highest when measured per child population, signaling distinct regional and demographic dynamics separate from sheer counts [3].
3. Scale of the problem: aggregated estimates from advocacy groups
Nonprofit investigations and coalition reports estimate over 300,000 marriages involving minors in the United States across the early 21st century, with some reports citing 314,000 marriages over two decades and others noting nearly 300,000 between 2000 and 2018; roughly 80–86% involved girls, usually married to adult men [1] [4] [2]. These consolidated figures come from state marriage license data compiled and analyzed by organizations such as Unchained At Last and Equality Now and are emphasized in October 2025 reporting to underline urgency and scale [1] [2].
4. Legal loopholes and related statutory issues: the statutory rape exception
Analyses highlight a recurring legal concern: some statutory frameworks still contain exceptions or loopholes enabling child marriage to undermine statutory rape protections. One analysis notes a “statutory rape exception” persists in some federal contexts, including reference to U.S. military code (10 U.S.C. §920b), which critics say functions as a de facto endorsement of marriage as a defense in sex-crime prosecutions [4]. Advocacy reporting frames these technicalities as part of what allows child marriage to remain legally tenable in many states despite broader movements to prohibit it [4] [2].
5. Patterns by gender and Power Dynamics: who is most affected
Across reports, data show girls represent the substantial majority of child brides and are frequently married to adult men, a pattern emphasized in multi-state compilations and nonprofit reports [1] [2]. This gendered pattern shapes policy and activist priorities by linking child marriage to broader concerns about gender inequality, coercion, and exploitative age-disparate unions. Advocacy framing from 2024–2025 uses these gendered statistics to press for reforms that remove discretionary waivers and strengthen protective age floors statewide [1] [2].
6. Divergent metrics: counts, rates, and legal permissiveness tell different stories
The various analyses demonstrate that which states “have the highest rates” depends on the metric used: raw counts (Texas, California), per-capita rates (Nevada, Idaho, Arkansas, Kentucky, Oklahoma), and legal permissiveness (California, Mississippi, New Mexico, Oklahoma) each produce different top lists [3] [1]. Reports from 2024 through October 2025 collectively argue that policymakers and the public must parse these distinctions when crafting law or advocacy strategies, as population size, local legal standards, and judicial practice all shape the lived prevalence of child marriage [3] [1].
7. What advocates recommend and the political stakes
Organizations such as Unchained At Last and Equality Now are promoting state-level bans or clear minimum-age statutes to close parental and judicial waiver loopholes, framing reforms as necessary to end a practice they document as affecting hundreds of thousands of minors [2] [1]. These groups present legal reform as the principal pathway, while critics of sweeping bans sometimes raise concerns about rare extenuating circumstances; reporting in 2025 shows the debate is both legal and political, with advocates seeking to convert publicized data into statutory change [2] [1].
8. How to read these findings: limits, dates, and next steps
The available analyses from 2024–2025 provide a coherent picture but rely heavily on advocacy-conducted compilations of marriage-license records and policy summaries, which can differ in methodology and time windows [3] [2]. Key caveats include variations in reporting periods (2000–2018 vs. 2000–2021), differences between absolute counts and per-capita rates, and the focus on legal permissiveness versus actual recent incidence. For up-to-date policymaking or local-level decisions, stakeholders should consult state vital records, peer-reviewed studies, and legislative texts alongside these advocacy reports to reconcile counts, rates, and statutory language [4] [3].