A 15-year-old girl can enter into a common-law marriage in Colorado, a state appeals court ruled Thursday. Younger girls and boys may also be able to marry.
While the three-judge panel stopped short of setting a specific minimum age for such marriages, it said they could be legal for girls at 12 and boys at 14 under English common law, which Colorado recognizes.
The ruling overturned a lower-court judge’s decision that a girl, who is now older than 18, was too young to marry when she was 15. The panel said there was no clear legislative or statutory guidance on common-law marriages, and that Colorado courts have not determined an age of consent.
Colorado is one of 10 states, plus the District of Columbia, that recognize common-law marriage, which is based on English law dating back hundreds of years.
For traditional ceremonial marriage, Colorado law sets the minimum age at 18, or 16 with parental or judicial approval.
Interesting question — especially for Federalists who get their shorts in an uproar over federal vs. states’ rights. Usually, when a state law offends the morality of a straight-and-narrow Federalist — the time suddenly arrives for Congress to intervene on the side of that morality.
Is it time for another proposed amendment to the Constitution?
Hmm … this would be the downside of common law – maybe centuries ago, when this particular precedent was set, 12 and 14 year-olds were mature enough to get married – today, there are people in their 20s that really shouldn’t be married … or older, look at celebrities 🙂
Common law marriage is such bullshit. Me and My Girlfriend were common law married and it messed up our assets so badly when she finally left me. I knew she was going to leave me… It was just a matter of time.
And they say the folks in the south are strange….
Im moving..
will meet ya there.
Who cares, as long as 12-year-olds aren’t getting GAY married!
This is only one data point, but I do know that in the 1910s my grandfather and grandmother married each other at 15 and 13 respectively, in Indianapolis (not exactly a wild and crazy town). Shortly thereafter my grandfather went off to WW I (I don’t know at what age). People grew up more quickly back then, and didn’t live as long. My grandmother died in her 50s, and my grandfather in his early 70s.
A constitutional amendment is not necessary. Colorado can just pass a statute ending common law marriages or setting minimum ages. Having the legislators pass a statute is faster and less expensive than a referendum.
“they could be legal for girls at 12 and boys at 14 under English common law, which Colorado recognizes.”
WHAT, racial discrimination in the 21st century, how terrible!
Why couldn’t the court just treat boys and girls equally? Boys and girls might not develop at the same rate but that is no excuse for this double standard, RIDICULOUS!!!
im 14 my name is brett and i’m 5″5 5″6 i’m looking for a girl