Committee recommends measure tightening exceptions to child marriage, retaining limited pathways for 16–17-year-olds

The House State Affairs Committee gave a due-pass recommendation to SB159 as amended, a bill that would make 18 the clear legal standard for marriage in South Dakota while retaining limited, supervised exceptions for 16‑ and 17‑year‑olds.

Sponsor Sen. Tom Pyszke said the measure is intended to close loopholes that have allowed minors to marry with minimal oversight and to add safeguards — including in-person hearings, written judicial findings about coercion and safety, a 30‑day waiting period and a parent-consent option — while the Senate amendment added a four‑year age-gap cap for exceptions. "This legislation makes 18 the clear and consistent legal standard for marriage in our state," Pyszke told the committee.

Supporters including Family Voice Action acknowledged the need for oversight but cautioned the four‑year age cap may be duplicative. Survivors and advocacy organizations opposing the bill urged the committee to end child marriage without exceptions. Michelle Hanash, director of policy and women's programs at a survivor-founded nonprofit, said judicial review places an unacceptable burden on terrified minors because it requires them to demonstrate coercion to a court.

A survivor who testified described being forced into marriage at 17 after being trafficked; she told the committee the experience had long-term harms including homelessness and financial abuse. The sponsor replied that the bill is narrowly crafted to prevent the kinds of coercive situations illustrated by that testimony while preserving narrow pathways in limited circumstances.

After discussion, the committee adopted a due-pass recommendation on the amended measure and the bill will proceed to the House floor.