The hidden pipeline: Examining the intersection of child marriage and human trafficking in the United States

• In Event: Victim Vulnerabilities and Survivor-Centered Solutions

Abstract

Child marriage is legal in most U.S. states, with nearly 300,000 minors married between 2000 and 2018. Child marriage often functions as a form of legalized trafficking, as minors typically lack the capacity for meaningful consent and are frequently subjected to coercion, sexual exploitation, and involuntary servitude. Although there is increasing recognition of child marriage as a human rights violation, no federal law explicitly prohibits it, thereby allowing legal loopholes that facilitate child exploitation across states. Using a doctrinal qualitative approach, this study conducts a comprehensive review of U.S. federal and state laws, Supreme Court precedents, and international frameworks, particularly those established by the United Nations to examine how child marriages are facilitated. The findings highlight the urgent need for federal legislation to recognize all child marriages as inherently coercive and non-consensual, classifying them as forced marriage and a form of human trafficking. Furthermore, it recommends setting 18 as the minimum marriage age nationwide, thereby eliminating child marriage and aligning U.S. policies with international human rights standards.

Authors

• Jazzett Herrera, Sam Houston State University

• Stuti Kokkalera, Sam Houston State University