California lawmakers are close to imposing an absolute minimum marriage age of 18, advancing legislation that would eliminate parental and judicial exceptions that currently allow minors to marry. Assembly Bill 1267, authored by Democratic Assemblymember Gail Pellerin of San Jose, passed the Assembly 66-8 and received unanimous Senate approval on Aug. 19, leaving a final Assembly concurrence vote before the measure can be sent to Gov. Gavin Newsom.
The legislation would mark a significant change for California, one of three states that currently have no statutory minimum marriage age. Under existing law, a person younger than 18 can marry with written permission from at least one parent or guardian and authorization from a court.
AB 1267 would remove that pathway and repeal related provisions permitting minors to enter domestic partnerships. If Newsom signs the measure this year, the restrictions would take effect Jan. 1, 2027.
Supporters have spent years arguing that parental consent and judicial review don't adequately protect children who may be facing coercion from family members or older partners. An analysis of U.S. Census Bureau data by Unchained At Last, a nonprofit led by survivors of forced and child marriage, estimated that roughly 35,000 marriages involving minors occurred in California from 2000 through 2021, compared with nearly 315,000 nationally.
The organization's research found that most such marriages involved underage girls marrying adult men. Advocates also argue that marriage can create a legal bind for minors because they can face obstacles to independently obtaining a divorce, retaining legal counsel or accessing domestic-violence services.
Among those lobbying lawmakers was Courtney Stodden, who married actor Doug Hutchison in 2011 when Stodden was 16 and Hutchison was 51. Stodden has since described the relationship in sharply different terms and told San Diego media that "he took my innocence" along with her childhood.
Another survivor, Christina Sutton, testified before the Senate Judiciary Committee about marrying at 17 to a 22-year-old man. Sutton said her parents coached her before she appeared before a judge in Napa and that she falsely told the court she was entering the marriage voluntarily because she feared additional violence at home.
Pellerin has framed the legislation partly around what she says is an inconsistency in California law. The state generally establishes 18 as the age of consent for sexual activity, while marriage can create an exception when a minor is legally married to an adult partner.
The proposal has nevertheless faced civil-liberties objections. Planned Parenthood Affiliates of California and ACLU California Action opposed similar legislation in 2024, arguing that an outright prohibition could have unintended consequences for minors in abusive circumstances and potentially distance some from support services.
Planned Parenthood subsequently dropped its opposition to AB 1267, while ACLU California Action has remained opposed. In written analysis submitted to the Senate Judiciary Committee, the organization called the measure "premature," pointing to shortcomings in California's data on marriages involving minors.
Those data limitations have themselves become part of the debate. CBS8 reported that California counties recorded only 83 marriages involving minors with the state Department of Public Health between 2019 and 2025, while records obtained directly from counties showed dozens of discrepancies with the statewide figures.
The bill's legislative history also shows a partisan divide during its earlier Assembly consideration. Eight Republican Assembly members voted against AB 1267 when the chamber approved it in June 2025. The Senate subsequently approved the amended legislation unanimously, requiring it to return to the Assembly before reaching Newsom.
