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TN child marriage ban faces another hurdle

The bill originally sought to ban the marriage of minors outright after the lawmakers cited a legal loophole that allows judges to grant marriage certificates to minors at their own discretion without a minimum age limit.
Credit: AP
Tennessee's State Capital building in Nashville

In a second surprising twist, a bill that would ban child marriage in Tennessee was sent back to committee from the Senate floor Monday after it was expected to advance with bipartisan support.

The bill, sponsored by Rep. Darren Jernigan, D-Old Hickory, and Sen. Jeff Yarbro, D-Nashville, originally sought to ban the marriage of minors outright after the lawmakers cited a legal loophole that allows judges to grant marriage certificates to minors at their own discretion without a minimum age limit.

The sponsors also cited higher divorce rates and instances of abuse for married minors and possible legal complications for those seeking ways out of such relationships.

Republican leaders killed the bill in a House subcommittee amid concerns over how the legislation could affect a conservative activist's case against gay marriage. House Republicans then brought the bill back amid the ensuing controversy.

Credit: AP
Tennessee's State Capital building in Nashville

Afterward, the bill was expected to move forward with bipartisan support, carrying an amendment that allowed some 17-year-olds to marry after a number of criteria were met.

Support in the Senate was expected to be particularly strong for the amended bill.

But in a fourth-quarter change, Senate sponsor Yarbro moved to remove the amendment.

"I learned the amendment would not make the bill stronger, this is the right way to go about this," Yarbro said.

Shortly, thereafter, Republicans began announcing their immediate dissent.

Sens. Ken Yager, R-Kingston, Mark Pody, R-Lebanon, and Kerry Roberts, R-Springfield all said they could not vote for the measure after Yarbro's removal of the amendment.

It became obvious the bill was likely to face a stronger opposition than expected, and Sen. Ferrell Haile, R-Gallatin, made a motion to add an amendment with the language mirroring the House version.

This went to a vote, and passed 20-4.

But Sen. Brian Kelsey, R-Germantown, then said that the Senate Judiciary Committee had not had the chance to view the latest amendment and requested the bill be re-referred back to panel.

The Senate then voted to send the bill back to committee.

According to state data obtained by the national nonprofit Unchained at Last, Tennessee granted 37 marriage licenses to 17-year-old girls in 2014, the only minors in that year. In those cases, the grooms were ages 18 and 19.

By comparison, in 2000, the state issued 1,256 marriage licenses to 16- and 17-year-olds, including 1,094 to 16- and 17-year-old girls. In those cases, the oldest groom was 26, according to the state data analyzed by the organization.

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