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South Carolina Bans Child Marriage in 2025 — Teens Under 18 Can’t Say “I Do” Anymore

COLUMBIA, S.C. — A sweeping change to South Carolina’s marriage laws took effect this summer, officially banning all marriages involving individuals under age 18. The legislation, signed into law in July 2025, ends decades of legal loopholes that allowed minors to marry with parental or judicial consent — a practice critics say endangered thousands of teens, especially girls.

The new law, Bill S.25, was introduced during the 2025 legislative session and passed with bipartisan support. South Carolina had previously allowed marriage as young as 16 years old with permission from a parent or judge. That is no longer the case.

“No child should ever be in a position where they’re forced or allowed to marry before they are legally adults,” said Senator Brad Hutto, the bill’s lead sponsor. “We are closing a loophole that was doing real harm.”

What the New Law Changes

Under the updated legal code, no person under 18 may legally enter into marriage in South Carolina — regardless of parental approval, pregnancy, or judicial order.

As outlined by the South Carolina General Assembly, the law does the following:

  • Prohibits the issuance of marriage licenses to any person under 18
  • Voids any marriage involving a minor entered into after the bill’s passage
  • Removes the ability of probate judges to issue underage approvals
  • Shields government employees from lawsuits for denying underage applications

This law also applies to non-resident applicants, meaning minors from out of state can no longer travel to South Carolina for underage marriage.

Why the Law Was Necessary

While many assume child marriage is a thing of the past, data shows that South Carolina has recorded hundreds of underage marriages in the last two decades, with some teens marrying individuals significantly older than them.

According to the Tahirih Justice Center, between 2000 and 2018, more than 200,000 minors were married in the U.S., and many states — including South Carolina until now — continued to allow it in special circumstances. The Associated Press also reported growing national pressure on lawmakers to raise the minimum marriage age to 18 across the board.

South Carolina was previously one of only 14 states that had failed to adopt a total ban on underage marriage. Critics argue that parental permission laws often led to coercive situations or pressure from religious or cultural expectations.

Who This Law Affects Now

This legislation immediately affects teens and marriage clerks statewide. Probate courts in counties like Saluda, Lexington, Richland, and Greenville must now verify that both parties are 18 or older before issuing licenses.

In cases where a marriage involving a minor occurred after the law’s passage, the union is automatically void, even if a judge had previously approved it.

Wikipedia’s summary on U.S. marriage laws shows that South Carolina has now aligned with a growing number of states — including New York, Delaware, and Massachusetts — that enforce a firm 18-and-up rule.

Notably, this also protects court clerks and county officials from civil or criminal liability for denying underage marriage licenses, which had been a concern under previous law.

Public Reaction Across the State

Supporters of the law say it’s a long-overdue correction that prioritizes the safety and autonomy of minors.

Local advocate Rachel Elkins of Columbia called the change “a turning point for young people in South Carolina,” saying that “too many girls were being pressured into life-altering commitments before they were old enough to drive.”

However, not everyone is on board. Some rural residents and religious groups voiced concern that the new law removes legal options for teens who may face unstable home environments and had previously used marriage as a means of escape.

Still, lawmakers like Sen. Hutto defended the firm stance. “There are other services and protections available to teens in difficult situations — marriage should not be one of them,” he told the WMBF News.

What Families and Teens Should Know Going Forward

  • All marriage applicants must now be 18+ — no exceptions
  • No license can be granted to underage residents or out-of-state minors
  • Teens in preexisting valid marriages (before July 2025) will not be retroactively impacted, but the state may monitor guardianship or welfare conditions
  • Legal support services are available to minors seeking protection outside of marriage, including through DSS and youth shelters

Marriage license offices in Saluda, Edgefield, Newberry, and Aiken counties are expected to post updated notices and verify ID documentation closely.

Do you think this new law strikes the right balance, or should South Carolina offer limited exceptions for 17-year-olds? Join the discussion in the comments at SaludaStandard-Sentinel.com — your voice helps shape community debate.

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