Bill to limit 'child brides' in Kentucky advances, but 3 senators don't hold their peace

FRANKFORT, Ky. — A bill to limit underage marriage in Kentucky won approval in the state Senate on Wednesday on a 34-3 vote — but not without dissent.

Sen. Julie Raque Adams, a Louisville Republican and sponsor of Senate Bill 48, urged all members to vote in favor of the bill, saying "the nation has its eyes on Kentucky right now."

But Sen. Dan Seum, a Louisville Republican and one of three senators to vote no, objected that it would prevent some teenage girls who are pregnant from getting married.

"I as a parent couldn't let my pregnant 16-year-old daughter marry the guy that loves her, give the baby a name?" Seum asked.

SB 48, known as the child bride bill, sets the legal age for marriage at 18 and requires a judge's approval for marriage when one party is 17. It does not permit marriage for anyone under 17.

Background:After outrage over Kentucky's 'child bride' bill, the revised plan is now on to the Senate

More background:Kentucky's 'child bride' bill stalls as groups fight to let 13-year-olds wed

Current law allows those 16 or 17 to marry with a parent's permission and allows individuals under 16 to marry with a judge's approval if one of the parties is pregnant.

Sen. Ralph Alvarado, a Winchester Republican and co-sponsor of the bill, urged members to support it.

As a pediatrician, Alvarado said he sees too many underage girls who are pregnant, including 16-year-olds.

"I would argue they need more of a father than a husband at that age," he said. "I'm happy to see this bill, I'm happy to support it."

Also voting no were Republicans Al Robinson and John Schickel.

Robinson, of London, cited his family's experience in which his wife was born to a mother who married at 15 and had a good marriage.

"There are some exceptions," he said.

But Republican Wil Schroder, also a co-sponsor of SB 48, urged his colleagues to vote yes.

Schroder said he was surprised to learn underage marriage is not unusual in Kentucky, which has the third-highest rate of such marriages in the nation.

"It's 2018 and things have changed a little bit," he said. "It's a completely different time."

Supporters of the bill argue that too often girls who marry before age 18 have been sexually exploited by an older man. Of the more than 10,000 marriages involving a party under 18, most involve younger girls, some as young as 13, marrying an older man, they said.

"The days of a 13-year-old girl marrying a 33-year-old man are over," Adams said.

Adams thanked Donna Pollard, a Louisville woman who is an advocate for SB 48. Pollard, now divorced, married an older man when she was 16. She said he began sexually abusing her at 14.

The measure passed on a unanimous vote Tuesday by the Senate Judiciary Committee.

Opinion:If Kentucky parents are too stupid to stop child marriage, judges must step in

From February:Child marriage is still legal in Kentucky. A former bride wants to put an end to it.

The bill endured several days of controversy, largely on social media, amid reports that an initial vote had been delayed because of opposition from the Kentucky Family Foundation, a socially conservative group.

But a representative of the group told lawmakers Tuesday their concerns about parental involvement had been addressed in a revised version of the bill that provided parents a chance to voice their opinion when a judge is deciding whether to allow a 17-year-old to marry.

Martin Cothran said the Family Foundation now supports SB 48. 

Under the bill, a family or district court judge may not approve the marriage in cases where the age difference is more than four years between the 17-year-old and the other party.

The judge also must consider why the 17-year-old seeks to marry, his or her maturity and whether the person has completed high school or a GED.

The judge also must consider any criminal records of either party and any history of domestic violence or sex offenses. SB 48 also calls for the judge to question the 17-year-old privately to ensure the teen is not being pressured into marriage.

Pregnancy of the underage party is not sufficient evidence to approve a marriage, according to the bill.

The bill now goes to the House. Adams said Tuesday that House leaders told her they support the measure and hope to pass it into law.

Deborah Yetter: 502-582-4228; dyetter@courier-journal.com. Support strong local journalism by subscribing today: www.courier-journal.com/deborahy.