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Because the vast majority of child marriages are younger girls to older men, there is an inherent imbalance of power in these relationships, which is often results in domestic violence including marital rape and other forms of sexual violence. In fact, many instances of child marriage occur following rape or other forms of unwanted sexual activity in attempt to protect the young girl’s and her family’s “honor.” Young girls are wed to their rapists or abusers as an alternative to seeking legal accountability or providing adequate victim support services.
But the Equal Rights Amendment could change that.
It could be a critical tool in prohibiting child marriage at the federal level and bringing the United States into compliance with international law. If the Constitution included the ERA then laws permitting children to be married would likely be struck down as unconstitutional because such laws have a disproportionately negative impact on girls.
How could the ERA end child marriage in the United States?
If a girl who was a victim of child marriage brought a case to the Supreme Court to challenge a law allowing child marriage in her state because it discriminated against her based on sex, the Supreme Court would have to apply the highest level of scrutiny to that marriage law.
This would increase the likelihood that the Supreme Court would rule in favor of protecting gender equality and against the gender discriminatory law. The Constitution could finally provide a comprehensive path to pass laws at the federal level protecting girls from child marriage nationwide.
At Equality Now, we’re working to help make sure the ERA becomes part of the Constitution because a girl is a child—not a wife.
And you can help. Learn more about how to take action with our partners at The ERA Coalition. Working together, we can finally see gender equality enshrined as a fundamental right in the United States!
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