South Dakota's minimum age to marry will stay at 16

Sharp debate greets proposal to stop minors from marrying, lawmakers reject 'child marriage' bill

Reps. Roger Chase and Hugh Bartels listen to testimony from Rep. Kadyn Wittman on Jan. 29, 2024. (Jonathan Ellis/The Dakota Scout)

A 1930s-era law that sets the minimum age to be married at 16 in South Dakota will remain unchanged following a divided vote Monday that crossed party lines.

The House State Affairs Committee voted 8-5 to kill legislation that would have raised the minimum age of marriage to 18. Sponsored by Rep. Kadyn Wittman, the Sioux Falls Democrat called the legislation “crucial” to protecting minor girls from exploitation. From 2000 to 2020, 838 minors — ages 16 and 17 — were married.

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“I have to tell you, I was shocked when I discovered this on our books last year,” Wittman said.

Although the law requires minors have parental consent to wed, Wittman argued that some cultural and societal pressures could undercut what is best for a child.

Wittman was supported by Yvonne Taylor, who represented the South Dakota Advocacy Network for Women. Taylor called it “common sense” to defer marriage to the age of maturity, noting that society doesn’t allow people under 21 to drink beer.

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